HomeMy WebLinkAbout20233506.tiffEXHIBIT INVENTORY CONTROL SHEET
ORD2023-18 - CHAPTER 27 PLANNED UNIT DEVELOPMENT
Exhibit Submitted By Description
Planning
A. Commission
Angela Snyder, City
B. of Evans
Summary of Hearing (Minutes dated 11/07/23)
Letter of Comment dated 12/20/23
Larry Buckendorf,
C. Journey Homes
Michael Hensley,
Northern CO
D. Homebuilders Assn.
Letter of Concern dated 12/20/23
Letter of Concern dated 02/29/24
Marc Savela,
E. Broe Real Estate
Letter of Concern dated 03/01/24
Andrew Dodgen,
F. Fuller Real Estate
Letter of Concern dated 03/01/24
John Moser,
G. Morwai Dairy
Andrew Dodgen,
H. Fuller Real Estate
Angela Snyder, City
I. of Evans
Scott Ballstadt,
Director of Planning,
J. Windsor
Letter of Concern dated 02/29/24
Letter of Thanks dated 03/05/24 for postponing
2. Reading
Letter of Thanks and Recommendations dated 04/18/24
Emailed letter of Thanks & Recommendations dated
04/16/24
Scott Moser, Eaton
K. Mayor
Jason Bradford,
Mead Director
Community
L. Development
Zo Hubbard, Fort
M. Lupton Mayor
N. Planning Services
Andrew Dodgen,
O. Fuller Real Estate
Letter of Thanks and Support dated 05/01/24
Letter of Comment dated 05/22/24
Letter of Comment dated 05/30/24
Memo regarding 2nd reading of ORD2023-18 and
PowerPoint presentation received 06/10/2024
Letter of Comment dated 06/10/2024
P. Planning Services
Broe Real
Q. Estate Group
Weld Metro District Questions/Answers and Special
District Disclosures received 06/10/2024
Letter of Comment dated 06/10/2024
R. Journey Homes
Westside
Investment
S. Partners, Inc.
Letter of Comment dated 06/10/2024
Letter of Comment dated 06/10/2024
2023-3506
Tyler Robbins,
T Robbins Contracting
Peter Lauener,
Brookfield
U. Properties
Kelsey Bruxvoort,
V. AGPROfessionals Letter of Comment dated 06/11/2024
Letter of Comment dated 06/10/2024
Letter of Comment dated 06/10/2024
Jim Flesher,
W. Planning Services Changes for Sid/Final Reading
X. Planning Services Memo/Power Point
Y.
Z.
2023-3506
Summary of the Weld County Planning Commission Mee
Tuesday, November 7, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan. Barney
Hammond.
Absent: Skip Holland, Butch White, Virginia Guderjahn.
Also Present: Kim Ogle, Diana Aungst, Maxwell Nader, and Tom Parko, Department of Planning Services.
Lauren Light, Department of Health, Karin McDougal and Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the October 3, 2023 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Barney Hammond. Motion passed unanimously.
The Chair announced that we need to make some amendments to the Agenda. Item 5 is being requested
to be withdrawn and not continued; therefore, Item 5 needs to be changed to "Item to be Withdrawn".
Additionally, Item 6.G will be moving after 6.D.
Motion: Amend Agenda as suggested, Moved by Pamela Edens, Seconded by Michael Palizzi. Motion
carried unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
MET23-0001
Anadarko E&P Onshore, LLC, c/o Kiteley Ranch Metropolitan District
Maxwell Nader
Amended and Restated Service Plan for Kiteley Ranch Metropolitan District,
Lot B Recorded Exemption RE -843, being part of the NW1/4 of Section 27,
Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to Highway 66; east of and adjacent to County Road 7.
Max Nader, Planning Services, presented Case MET23-0001, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application.
Jennifer Ivey, Icenogle Seaver Pogue, Legal Counsel for Kiteley Ranch Metropolitan District, 4725 South
Monaco Street, Denver, Colorado. Ms. Ivey stated that this is an existing Metropolitan District formed in
2006 and they are requesting to bring that service plan up to current standards She added that the current
service plan debt limitations are not adequate to cover the increased costs. Ms. Ivey stated that there will
be no changes to the debt mill levy cap and no changes to the aggregate mill levy cap. There will be an
addition of a Special Improvement District to finance public improvements.
Commissioner Hammond asked what school district this site is located in. Mr. Nader said it is located in
the St. Vrain School District.
Motion: Forward Case MET23-0001 to the Board of County Commissioners along with the Planning
Commission's referral of support, Moved by Barry Hammond, Seconded by Pamela Edens.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan.
Case Number:
Presented by:
Request:
Ordinance 2023-17
Tom Parko
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code (Subdivisions).
1
Tom Parko, Planning Services, stated that Ordinance 2023-17 and Ordinance2023-18 deal with Chapters
23 and 24 which are primarily zoning and subdivisions as well as Chapter 27 planned unit developments.
Staff is requesting to withdraw Ordinance 2023-17. He added that this Ordinance and Ordinance 2023-18
which follows this case on the agenda were designed to run in tandem with each other.
Mr. Parko provided a brief summary of how the work began on reviewing the Weld County Code and the
proposed code changes relating to planned unit developments. He said that Staff started looking at ways
to replace the Planned Unit Development (PUD) process over the course of several months and concluded
that replacing the PUD with a Major Subdivision process could still provide flexibility for developers while
streamlining the process. Therefore, Staff worked to run two (2) parallel ordinances with the first one to
remove Chapter 27 Planned Unit Developments and the other ordinance to create its replacement. As a
result from worksessions, several County Commissioners voiced their concerns about residential
development in the county and they wished to have additional time to consider the code changes. Mr.
Parko stated that he was given direction from the majority of the County Commissioners to move forward
with Ordinance 2023-18 but to hold off on Ordinance 2023-17. The reason for the withdrawal is to have
further conversations with the County Commissioners about development in general and what the county's
vision is for the future.
Mr. Parko requested that Ordinance 2023-17 be withdrawn and a new Ordinance can be drafted and be
brought back to :he Planning Commission at a future date to be determined.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Arthur Elmquist, 428 Mountain Avenue, Berthoud, Colorado, stated that he has been working on a project
called Andy's Enchanted Village and added that he has met with Mr. Parko to give preliminary vision of
what this project is about. Mr. Elmquist said that he does not believe the proposed code changes are in
the best interest of Weld County and it would preclude this project from moving forward.
Commissioner Wailes clarified that it seemed Mr. Elmquist was speaking to Ordinance 2023-18 and not
Ordinance 2023-17. Mr. Elmquist thanked the Planning Commission for the time.
Motion: Accept Withdrawal of Ordinance 2023-17, Moved by Michael Wailes, Seconded by Michael
Palizzi
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan.
Case Number:
Presented by:
Request
Ordinance 2023-18
Tom Parko
In the Matter of Repealing and Reenacting with Amendments, Chapter 27 Planned
Unit Development of the Weld County Code (Planned Unit Developments).
Tom Parko, Planning Services, presented Ordinance 2023-18 and provided a brief summary of the
proposed code changes relating to planned unit developments. Mr. Parko stated that this change would
remove the option to apply for any new planned unit development. However, there would still be procedures
in place to deal with existing planned unit developments. Mr. Parko stated that the County has an existing
PUD known as Pelican Lakes Ranch, which was approved in the 1980s. He said that they are moving
forward with a number of future filings in that PUD and added that there is a provision included in this
proposed code change that would accommodate Pelican Lakes Ranch so they can move forward with their
future filings. Additionally, the applicants have been working with staff for the better part of a year on those
new filings.
Mr. Parko stated that six (6) letters were received of concern pertaining to this particular Ordinance. The
Department of Planning Services recommends approval of Ordinance 2023-18.
Commissioner Morgan asked that since these ordinances worked in tandem and by not moving forward
with Ordinance 2023-17 if there is a hole that will be left in the thought process. Mr. Parko said that the
Major Subdivision process was built into Ordinance 2023-17 to replace the Planned Unit Development
process however, we will still have Minor Subdivisions, Family Farm Divisions in the County Code. Ms.
Morgan replied that it seems that is a big problem.
2
Commission Hatch asked how this would affect something like Andy's Enchanted Village Mr Parko said
that he met with the applicants and noted that they have not submitted an application yet He added that
there is potentially an option that they could develop through the county by going through a subdivision of
sorts but it wouldn't be any more than nine (9) lots Mr Hatch clarified that there is not an option per Code
to allow that project Mr Parko replied with this change that is correct
Commissioner Hatch referred to the accommodations of Pelican Lakes Ranch and said that there was a
gentleman that came in previously at a hearing that had the same situation and wanted to make a change
but because of these proposed code changes he was not going to be allowed to Mr Hatch asked why we
wouldn't allow everybody that was in process instead of only Pelican Lakes Mr Parko said that gentleman
had not submitted an actual application to the county He added that they are trying to honor those that
have already been through the process
Commissioner Palau asked to clarify how many PUDs are in the application process now Max Nader,
Planning Services, stated that there are many PUDs at various stages He added that there are currently
four PUDs at the final plan stage and 10 that have gone through the PUD zoning 10 years ago and haven't
proceeded any further Mr Palizzi asked if those become null and void Mr Nader said that the applications
that are in process are allowed to move forward
Commissioner Hatch referred to the comment of being given direction by the Board of County
Commissioners to move forward with Ordinance 2023-18 and asked Mr Parko how he feels about moving
forward with this Ordinance Mr Parko said that he has worked with the County for 13 years and believes
in providing options for residents to develop but also tries to follow the County Comprehensive Plan and to
accommodate that development He agreed that in areas where it makes sense there should be a process,
but at the same time having those broader conversations with the County Commissioners and that collective
visioning session is really important
Commissioner Wailes asked where the County becomes vulnerable because we are moving forward in this
fashion and if we are putting the County at risk Mr Parko said that he doesn't believe it is putting anyone
at risk
Commissioner Palizzi said that we received several letters today from developers and other stakeholders
and asked if there was a reason there wasn't any discussions with them Mr Parko said there were some
developers that they had asked to review the draft proposed code changes, however, they did not hold a
broader stakeholder group meeting He added that the County Commissioners did discuss holding
meetings and have discussions with stakeholders Commissioner Hammond asked when those meetings
might be Mr Parko said this is going before the County Commissioners on December 4. but it is a three -
reading process so not sure but there are no confirmed dates Mr Hammond expressed concern regarding
the timing for people to weigh in on it and added that he doesn't disagree with the changes but that he is
not comfortable with moving this forward as people need to voice their opinion Commissioner Edens
disagrees with it and added that if you are taking away something you have to have another option in place
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Lori Saine, Weld County Commissioner District 3, 235 Stonehaven Street Circle, Dacono, Colorado,
suggested a continuance of Ordinance 2023-18 Ms Same expressed concern of the way that these
proposed Ordinances were handled and added that these Ordinances should be considered together and
not a part She requested a continuance for a better stakeholder process
Commissioner Wailes clarified if Ms Same is requesting a continuance or a recommendation to the County
Commissioners Ms Same said that she suggested a continuance to consider those chapters together,
however, if there is a recommendation by the Planning Commission then that is their power to do so
Karin McDougal, County Attorney, stated that the Planning Commission doesn't have the authority to
continue this Ordinance because it is a legislative issue so it needs to be a recommendation for approval
or denial
3
Commissioner Hammond said that we should have more public comment and worksessions He is very
concerned with doing this too fast and added that it affects too many people
Kelsey Bruxvoort, AgProfessionals, 3050 67th Avenue, Greeley, Colorado, concurred with the comments
that this is moving too fast and added that it should be considered at the same time as Chapters 23 and
24 By removing major developments, she believes it is risky in her opinion
Nathan Batchelder, Broe Real Estate Group, 1137 Bannock Street, Denver, Colorado, stated that they
agree with everything that has been said and added that they have serious concerns about the revisions
and potential elimination of the PUDs He requested additional outreach to the building industry and other
property owners across the county
Don Summers, 14731 Akron Street, Brighton, Colorado, stated that he is the General Manager of Todd
Creek Village Metropolitan District, which is a water and sewer provider in Adams and southern Weld
County Mr Summers said that if there is no avenue to plan for development anywhere except for inside
the city, your water planning can only happen inside the city He would like to see Weld County rethink this
in a long term, realistic and well thought out planning focus
Matt Engel, Westside Property Investment Company, 4100 East Mississippi Avenue, Denver, Colorado,
stated that this just happened too quickly and added that they are a large land owner in the County and
would like to bring mixed use projects to the County He added that they would like to have the chance to
show the County what they can do and with these changes they wouldn't have that ability
Kelly Schram, Northern Colorado Home Builders Association, 1907 Boise Ave, Loveland, stated that they
represent over 300 members Mr Schram stated that he feels it is important to have dialogue with
stakeholders on how this would negatively or positively impact Weld County
Arthur Elmquist, 428 Mountain Avenue, Berthoud, Colorado, echoed the comments from public testimony
and encourages opportunities to have further conversation of the best ways of how Weld County should
handle PUD type applications -
The Chair asked Staff if they had anything further to add Mr Parko replied no
Motion Forward Ordinance 2023-18 to the Board of County Commissioners along with the Planning
Commission's recommendation of denial, Moved by Pamela Edens, Seconded by Michael Palizzi
Vote Motion caned by unanimous roll call vote (summary Yes = 6)
Yes. Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Commissioner Wailes said that it is not often that he would vote against Staff's recommendation on code
changes, but he just doesn't feel right about the process He said that in thinking of his findings for denial
he doesn't have any because he doesn't have any findings for approval either
Commissioner Hatch said that he agrees with Commissioner Wailes, unfortunately he doesn't have the
information for either approval or denial
The Chair called a recess at 2 49 p m and reconvened the hearing at 2 57 p m
Case Number USR23-0037
Applicant Cervi Enterprises, Inc , c/o Kerr-McGee Oil & Gas Onshore, LP
Planner_ Chris Gathman
Request A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (storage area for parts for drilling rigs, drilling iron pipe
and fittings, poly pipe and fittings, two (2) parts trailers and rig mats, light plant
trailers and general oil and gas equipment supplies) in the A (Agricultural) Zone
District
Legal Description All of Section 22, Township 4 North, Range 63 West of the 6th P M , Weld County,
Colorado
Location Approximately 1 4 miles south of the intersection of U S Highway 34 and County
Road 69 The site will access onto U S Highway 34, via a private access
4
Max Nader, Planning Services, presented Case USR23-0037, reading the recommendation and comments
into the record Mr Nader noted that there were no responses received from surrounding property owners
' The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Matt Wells, Kerr McGee Oil and Gas, 1099 18. Street, Denver, Colorado, stated that this application is for
a laydown yard on 17 acres This laydown yard will support their Bronco Comprehensive Development Oil
and Gas project which is nine (9) facilities and 141 wells on the Cervi Ranch They will be staging
,equipment on this site
Commissioner Hatch asked what the expected life of the laydown yard is Mr Wells said that the facilities
will be built over the next several years and this will help support the life of these wells He added that this
laydown yard will be there for the life of the facilities
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0037 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Barney Hammond, Seconded by Shana Morgan
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Applicant
Planner
Request
Legal Description
Location
1 MJUSR23-22-0027
CBEP Land 2, LLC, c/o CBEP Solar 9, LLC and ECA CO Lead
Kim Ogle
A Site Specific Development Plan and Use by Amended Special Review Permit
fora Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District
Part of the E1/2 NW1/4 and part of the W1/2 01/2 SW1/4 of Section 34, Township
6 North, Range 65 West of the 6th P M Weld County, Colorado
South of and adjacent to County Road 64, approximately 1320 feet east of County
Road 43
Kim Ogle, Planning Services, presented Case 1MJUSR23-22-0027, reading the recommendation and
comments into the record Mr Ogle noted that one (1) telephone call was received from a surrounding
property owner about the proposed facility and no other written correspondence was received The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Brysen Daughton, Cloudbreak Energy, 300 East Canyon Street, Lafayette, Colorado, stated that this project
is for an expansion to an existing solar facility He added that is a 36 -acre community solar project which
will start in 2024 with completion into early 2025 The expected life of the solar facility is 20 to 35 years
Mr Daughton stated that sheep are expected to graze on the property a few times per year to maintain the
vegetation
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
5
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case 1MJUSR23-22-0027 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi. Michael Wailes, Pamela Edens, Shana Morgan
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location
USR23-0027
Phyllis Burkgren, c/o USS South Platte Solar, LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
W1/2 SE1/4 of Section 36, Township 5 North, Range 66 West of the 6tn P.M., Weld
County, Colorado.
South of and adjacent to County Road 394; approximately 0.5 miles east of County
Road 35.
Diana Aungst, Planning Services, presented Case USR23-0027, reading the recommendation and
comments into the record. Ms. Aungst noted that there were no letters received in opposition from
surrounding property owners. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Commissioner Hammond asked which entrance will be the access to the site. Ms. Aungst said that they
will be using the east side access and added that the entrance with the cattle guards is for an oil and gas
facility access.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Luke Gildemeister, US Solar, LLC, 2604 Highland View Lane, Burnsville, Minnesota, stated that they are
proposing a 3.625 megawatt solar facility on approximately 19.7 acres. Mr. Gildemeister noted that the
proposed solar facility is not located within 500 feet of any residences. The expected life of this solar facility
is 20 to 30 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if :hey are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR23-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Shana Morgan.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond. Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan.
Commissioner Hammond expressed concern about approving these prior to an access agreement in place.
He added that he has concerns that because it is crossing a ditch and it hasn't been approved.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
USR23-0028
Leslie Matson, c/o USS Auburn Solar, LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Lot B Recorded Exemption RECX17-0143; being part of the NW1/4 of Section 35,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
6
Location South of and adjacent to County Road 52, East of and adjacent to County Road
45
Diana Aungst, Planning Services, presented Case USR23-0028, reading the recommendation and
comments into the record Mr Aungst noted that there were three (3) letters received in opposition with
concerns relating to aesthetics, diminished property values, weeds, increase in traffic, incompatibility with
residential and agricultural uses, disturbance to wildlife and personal safety and security with relation to
high-powered lines The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Luke Gildemeister, US Solar, LLC, 2604 Highland View Lane, Burnsville, Minnesota, stated that the project
is for a 5 megawatt solar facility on approximately 27 9 acres Mr Gildemeister noted that there is one (1)
residence within 500 feet of the facility and added that they have been in active communication with the
landowners and will continue to do all that they can to ensure that those landowners are happy with the
proposed project The expected life of the solar facility is 20 to 30 years
Commissioner Hammond asked if there is a reason why it cannot be moved further to the west Mr
Gildemeister said that this proposed layout allows Mr Matson to keep as much of the irrigation as possible
Mr Hammond expressed concern of the proximity to the Lower Latham Ditch and would like to see it moved
farther north and west Mr Gildemeister said that they have been in active communication with the Lower
Latham Reservoir Company and added that they will be a good neighbor
Commissioner Palizzi referred to the reservoir concerns over easements and asked if those concerns have
been resolved Mr Gildemeister said that they are in active conversations with the attorney for the Lower
Latham Reservoir Company and if they are not able to gain access with Lower Latham this project will not
move forward
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Les Matson, 6929 Poudre River Road, Greeley, Colorado, stated that this would give him an opportunity to
reduce the amount of water that he uses because he has to pay for augmentation water to irrigate the farm
He added that this is also a good use to create electricity for the community and good use of the property
Michael Cruz, 25252 CR 45, Greeley, said that Weld County is the largest producer in the State for oil and
gas and added that now it will be the largest producer for solar He expressed concern regarding the impact
on agriculture
Sharlene Loose, 22035 CR 52, Greeley, Colorado, stated that she would like to keep the country living and
agricultural lifestyle She said that she appreciates the proposed dust mitigation and added that she would
like to see mag chloride placed on Fern Avenue
David Watts, US Solar, LLC, said that we all do need electricity so it is an impossible situation no matter
where the project is located He added that they are connecting to the distribution grid that exists there
today Mr Watts stated that there is no noticeable traffic, noise, odor, dust or vibrations from the facility
after construction is completed He added that they are happy to add mag chloride to help with dust
mitigation Mr Watts said that by locating the facility to the south it helps to mitigate the concerns of the
neighbors that this project is close to
The Chair asked Staff if they had any changes to the Resolution Ms Aungst referred to the comments of
Fern Avenue and wished to clarity that it really isn't Fern Avenue and added it is closely related to a ditch
riders road and it is more than likely outside of the Lower Latham Reservoir's easement She added that
that they did include a condition of approval that the applicant work with Lower Latham Reservoir if in fact
this particular road is within their jurisdiction
7
Commissioner Edens asked whose road it would be if not the ditch company. Ms. Aungst stated that it
would be a private road on Mr. Matson's property and clarified that it would be his access road down to the
building on the southeast part of his property.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR23-0028 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Palizzi.
Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan.
No: Barney Hammond.
Commissioner Hammond said that he is sympathetic to the landowner and their property rights. However.
he is still concerned with the location and the way it is shaped in there and would like to see the engineering
done different so it is farther away from the ditch.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
PUDF23-0002
Amanda, Brandon, Lisa and Moriah Nguyen
Maxwell Nader
A Site Specific Development Plan and Planned Unit Development Final Plan for
six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable
outlot with A (Agricultural) Zone District uses.
Lot D Recorded Exemption RECX20-0040, being part of the S1/2 N1/2 of Section
33, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado.
West of and adjacent to County Road 31; approximately 0.5 miles north of County
Road 2.
Maxwell Nader Planning Services, presented Case PUDF23-0002, reading the recommendation and
comments into the record. Mr. Nader noted that there were three (3) letters received from surrounding
property owners with concerns of traffic and the potential of more water wells that would bring to the local
and geological water conditions. The Department of Planning Services recommends approval of this
application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control.
Commissioner Hatch asked if the City of Brighton is contesting anything with the access. Mr. Nader said
that Brighton did not respond to the referral; however, Staff has reached out to Brighton multiple times. He
added that there are conditions in place to finalize the access permit.
Lisa and Brandon Nguyen, 503 CR 31, Brighton, Colorado. Mr. Nguyen said that the goal of this application
is to split 20 acres into six (6) acres consisting of five (5) houses being built for their family. The purpose is
to continue farming their 100 -acre outlot. With the approval of this application, it would give them the ability
to have the family operate a family farm with livestock.
Mrs. Nguyen stated that she spoke to Brighton and did recently complete an access permit application. Ms.
Nguyen stated that they were told when they tried applying for the access permit at different stages of the
process to wait because the access permit application would expire prior to the final approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
C. Vincent Phe ps, 13577 CR 2, Brighton, Colorado, stated that he is the Trustee of the land to the west.
He added that the land to the west and the land that the Nguyens own was once owned by one property
owner and the previous owner had put in three (3) reservoirs for flood control and irrigation. He added that
the drainage went into those reservoirs and irrigated his property. Mr. Phelps expressed concern that the
development would adversely affect the flow of water into those reservoirs and would like to have the
Nguyens agree that the development will not affect the reservoirs.
8
Mr. Nguyen stated that they have no intention of stopping that water flow and added that the six (6) lots are
north of the Brighton Lateral Ditch and that flow should not be interrupted. Mr. Nguyen said that the PUD
process protects that 100 -acre outlot for 40 years so it will be farmed guaranteed.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDF23-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Shana Morgan,
Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch. Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ23-0004
Fritzler Real Estate, LLC
Chris Gathman
Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial)
Zone District.
Lot C Corrected Recorded Exemption RE -3966, being part of the N1/2 of Section
22, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to County Road 44: west of and adjacent to County Road
33.
Max Nader, Planning Services, presented Case COZ23-0004, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application along with
conditions of approval.
Commissioner Hatch referred to County Road 44 and the Highway 85 interchange and asked how this
affects the property. Melissa King, Development Review, stated that the access point is south of the project
and it's a shared access road onto County Road 33. At the time of the application it was not paved but the
County has paved it subsequently so the traffic will go up to Highway 85 and it should not affect Highway
85. She added that they have contacted CDOT and they do not have any concerns.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Madison Jurewicz, 380 Interlocken Crescent, Broomfield, Colorado, stated that the lot is currently zoned
agricultural and they are requesting to change it to I-1 Light Industrial. They feel this is appropriate because
it is located in the opportunity zone and added that there are commercial and industrial uses surrounding
this site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Frank Eckhardt, 21454 CR 33, LaSalle, Colorado, stated that four (4) years ago when the hemp was
approved for this property, he was on the Western Mutual Ditch Company Board and added that they had
an agreement to have a pond because all the water goes into their ditch and when it rains there is a problem
downstream. He added that they have had to fix the banks a couple of times because they can't get it
stopped. Mr. Eckhardt asked what the land will be used for and will it have gravel or other sources to keep
the water from going off the property so fast.
The Chair explained that this application is to change the zone of the property to I-1 Light Industrial so at
this time we don't know what the future use of the property will be. The applicant will need to submit an
application for a Site Plan Review that will be for the specific use of the property and added that the applicant
will need to meet certain criteria before the County will approve that Site Plan Review with their project. Mr.
Nader added that there is a condition of approval included in the Resolution that the applicant will need to
work with the Western Mutual Ditch Company
William Walters, 16046 CR 44, LaSalle Colorado, expressed concern that since County Road 33 is paved
that there will be more heavy traffic.
9
Ms Jurewicz stated that the use of the property has not been identified yet but as noted they would have
to go through a Site Plan Review process which would identify any storm water requirements, fencing,
noise analysis, and any traffic concerns
Trevor Fritzler 1495 South Sunfield Drive, Milliken, Colorado, stated that they plan to live close to this
property and added that they do not intend to put anything on site that would hinder their quality of life He
said they want to be good neighbors Mr Fritzler said that they have also been shareholders of the Western
Mutual Ditch Company and they do not want to damage the ditch that they draw water from for their fields
so they are cognizant of the water flows
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ23-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to spealc
Meeting adjourned at 6 01 p m
Respectfully submitted,
Kristine Ranslem
Secretary
10
•
City of loons. Colorodo
Community DevvIoPmeni
December 20, 2023
Dear Board of County Commissioners,
The City of Evans was recently invited to participate in a stakeholder meeting regarding the future of Planned Unit
Development in unincorporated Weld County. Please take these comments into consideration in my absence.
Planned Unit Development (PUD) is not currently supported by the City of Evans. The process to create a PUD was removed
from the Evans Municipal Code recently in October of 2023. City of Evans staff encourage Weld County to follow suit.
Administrative Difficulty
Planned Unit Developments are an administrative nightmare. Each subdivision has its own unique set of rules and expectations.
Each time a building permit application is submitted in a PUD, it has to be passed off to a team to research the historical
documents and evaluate applicability. This can add several days onto the permitting process, delaying projects.
Unclear and Inconsistent Zoning
Many PUDs have unclear or nonexistent zoning information, lacking lists of allowed uses or bulk requirements. There are
conflicting legal interpretations on which rules to enforce, even the simplest setback or use restriction.
Disjointed Vision
Planning Departments and elected officials spend copious amounts of time carefully constructing comprehensive plans and
zoning ordinances that enable a specific vision. The PUD bypasses all of these vetted standards to meet the vision of a
developer at the time. The result is disjointed, piecemeal development.
Unincorporated Major Subdivisions
Major, urban -scale subdivisions belong in towns and cities. Municipalities are designed to provide for the health, safety, and
welfare of their residents. Evans has multiple unincorporated enclave and adjacent subdivisions; most notably, Hill 'N Park,
Arrowhead, and Dos Rios. Residents of these subdivisions take advantage of city infrastructure, use our parks and trails,
participate in our community events; but they do not pay taxes to the City. Incorporated residents must absorb a
disproportionate share of improvement and maintenance costs. Future annexation of these subdivisions is logistically and
practically impossible. Furthermore, the existence of adjacent unincorporated subdivisions hinders the ability of the city to
naturally expand its borders. New major subdivisions within three miles of a municipality should be incorporated.
Cluster Development — an Alternative Solution for Rural Subdivisions
If the PUD process is removed, there is a legitimate concern that there would be no options for a potential subdivision
development over nine lots that actually makes sense in an area outside of a municipality. The State offers "cluster
development" as a solution. See C.R.S. 30-28-403. Cluster development is not planned unit development, but rather a process
that can be implemented within the existing zoning structure of a county. Cluster development provides for the preservation
of open spaces that define the rural landscape through density restriction instead of lot number limitation, keeping the county
rural and the municipalities urban. If even this process is insufficient to address a feasible, yet not annexable, development,
perhaps the County should look into encouraging the incorporation of a new municipality to handle the urban development.
Most Respectfully,
Angela Snyder
Community Development Director
City of Evans, Colorado
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Jim Flesher
Thursday, December 21, 2023 11:31 AM
CTB
FW: Evans Response Regarding PUDs
2023.12.20 BOCC Letter PUD.pdf
Flag for follow up
Flagged
Please see the attached correspondence in regards on Ord23-18.
Thanks,
Jim Flesher, AICP
Long -Range Planner
Weld County Planning Services
1402 N. 17th Ave.
Greeley, CO 80631
Phone: 970-400-3552
www.weld.gov
From: Angela Snyder <asnyder@evanscolorado.gov>
Sent: Wednesday, December 20, 2023 6:56 PM
To: Jim Flesher <jflesher@weld.gov>
Cc: Michael Hall <mhall@evanscolorado.gov>
Subject: Evans Response Regarding PUDs
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Jim,
Here is my response for the stakeholder meeting tomorrow. Unfortunately, I am out of town and unable to attend. If
Michael is able, he will come on our behalf.
Merry Christmas!
Angela
Angela Snyder, CFM
Community Development Director
Phone 970-475-2228 Office 970-475-1 170
1 100 37t'' Street, Evans, CO 80620-2036
roof
Evans, 'olor• ado www.evanscolorado.gov
rrno
Empower. Grow. Deliver. Engage.
1
Journey Homes
Building your future together.
J &J Construction
December 20, 2023
Weld County Commission
1402 N 17th Avenue
Greeley, CO 80631
Members of the Board:
LARRY S. BUCKENDORF, JD
GENERAL COUNSEL
Re: Weld County PUD proposal
Ordinance 2023-18
On behalf of Journey Homes, LLC and our related entities, we ask that you vote NO on this
ordinance.
As a long-time Northern Colorado developer and property owners of large portions of land in Weld
County, we were surprised to learn of this proposal. We received no notice or outreach whatsoever on this
proposal. This item requires much -needed engagement with the business community and property owners
that would be impacted. This ordinance will have significant restrictions on property rights and
development for many property owners in the area.
There are many concerns and unanswered questions regarding the reason and purpose for this
proposal, and how it will bring lasting harm to local businesses and property owners such as ourselves.
Please do not take any further action on this proposal until more outreach and engagement is had with
business owners and property owners across Weld County.
•
7251 W. 20TH ST., BLDG. L, STE 200 • GREELEY, COLORADO 80634
PHONE: (970) 352-7072 • FAX: (970) 330-5357
February 29th, 2024
Weld County Board of Commissioners
1150 O Street
Greeley, CO 80631
Re: Ordinance 2023-18
Dear Members of the Weld County Commissioners —
Northern
Colorado
Home Builders Association
The Northern Colorado Homebuilders Association (NoCo HBA) represents over 300 homebuilders,
mortgage brokers, contractors, construction trades, and other related industries in Weld County and 54
other municipalities across Northern Colorado. We are committed to advocating for the health of our
industry and success of our members — many of whom are property owners and residential builders
throughout Weld County.
NoCo HBA has been at the table expressing our concerns regarding this ordinance since first learning of
the proposal just a few months ago. As with any major policy proposal impacting property rights and
development for our builders in Northern Colorado, we expect to be included within stakeholder
engagement and dialogue so our members can be at the forefront of any major land use policy change
such as this one.
As such, we are asking that you delay the second reading of the PUD removal ordinance. While we
appreciate the County conducting a stakeholder meeting in December of last year, no other stakeholder
meeting has been conducted since then, contrary to what was communicated to us at that meeting by
staff and commissioners alike. Before taking any other vote on this ordinance, we respectfully request
the Board to sit back down with builders, property owners, and those most impacted this ordinance to
find common ground and a solution moving forward.
NoCo HBA is dedicated to the high ethical standards, education, and advocacy of our industry to help
Weld County thrive. Our expectation is to have informed and engaged dialogue with policymakers such
as yourself on land use and development policies throughout our community. At minimum, we ask that
you delay voting on this ordinance on second reading until more meaningful discussion is had with our
organization and other stakeholders.
Sincerely,
Michael Hensley
Executive Officer
Northern Colorado Homebuilders Association
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hello Mr. Hensley,
Esther Gesick
Friday, March 1, 2024 10:52 AM
Michael Hensley
Lori Saine; Mike Freeman; Scott James; Kevin Ross; Perry Buck; Elizabeth Relford; Bruce Barker; Cheryl Hoffman; Esther
Gesick
RE: Weld County PUD - Ordinance #2023-18_2nd Reading
NoCo HBA Weld County Letter 2-29-24.pdf
Your email comments and attached letter have been received for inclusion in the public record for consideration, and by
copy on this message, I am also forwarding a copy to the appropriate staff for review.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/ P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
1861
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Lori Saine <Isaine@weld.gov>
Sent: Friday, March 1, 2024 10:22 AM
To: Michael Hensley <michael@nocohba.com>; Mike Freeman <mfreeman@weld.gov>; james@weld.gov; Kevin Ross
<kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: Weld County PUD
Thank you, Michael.
Commissioners, that remind me to ask --when is that PUD stakeholder meeting scheduled?
I asked the new interim director and didn't hear back on the agenda question nor that the meeting on the 28th was
canceled.
Thanks,
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
1
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michael Hensley <michael@nocohba.com>
Sent: Friday, March 1, 2024 9:28 AM
To: Mike Freeman <mfreeman@weld.gov>; james@weld.gov; Lori Saine <Isaine@weld.gov>; Kevin Ross
<kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: Weld County P JD
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning, County Commissioners,
Please see the attached letter from our association regarding the county's proposed PUD policy. We appreciate
the commitment the commission made at the December 4th meeting to engage the community on this issue. We
look forward to an opportunity to participate as stakeholders in this process and ask that you table the proposed
action until such time as impacted members of the community can weigh in.
Sincerely,
Mike Hensley
Executive Officer
Northern Colorado Home Builders Association
Phone 970-686-2798 Mobile 703-307-2414
Web www.no_ oflba.Com Email
michae!@nocohbn.com
1907 North Boise Ave STE 1, Loveland CO 80538
2
EXHIBIT
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hello Mr. Savela,
Esther Gesick
Friday, March 1, 2024 2:27 PM
Marc Savela; Dean Brown
Mike Freeman; Scott James; Lori Saine; Kevin Ross; Perry Buck; Elizabeth Relford; Bruce Barker; Esther Gesick; Cheryl
Hoffman
RE: PUD Ordinance Second Reading - Request for Delay
Broe Real Estate Group - Weld County Ordinance 2023-18 Second Reading Comments 3.1.24.pdf
131
airvN24.137g1
Your email comments and attached letter have been received for inclusion in the public record for consideration, and by
copy on this message, I am also forwarding a copy to the appropriate staff for review.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Marc Savela <msavela@broerealestate.com>
Sent: Friday, March 1, 2024 11:31 AM
To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Kevin Ross
<kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Esther Gesick <egesick@weld.gov>
Cc: Dean Brown <dbrown@broerealestate.com>
Subject: PUD Ordinance Second Reading - Request for Delay
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Members of the Board -
Please see the attached letter requesting a delay of the second reading of the pending PUD ordinance before you
to allow for additional stakeholder engagement. Thank you.
Marc Savela
Senior Vice President — Development
Broe
Real Estate Group
Main 303.398.4575 I Direct 303.398.0418 I Mobile 303.587.0261
msavela@broerealestate.com j www.BroeRealEstate.com
252 Clayton Street, Denver, Colorado 80206
1
Broe
Real Estate Group
March 1, 2024
Weld County Board of Commissioners
1150 O Street
Greeley, CO 80631
Re: Ordinance 2023-18, PUD Proposal
Dear Members of the Board
252 Clayton Street, 4th Floor
Denver, Colorado 80206
303.398.4575
BroeRealEstate.com
Broe Real Estate Group is committed to Weld County's future economic development and
success. As a long time property owner and business that has invested considerably in
the future of Weld County, we respectfully request that you delay the second reading of
the PUD ordinance.
This proposal before you today is a major shift in policy and land use regulations not only
for our group, but also for many property owners, businesses, and other stakeholders
throughout the County. As such, we were expecting additional dialogue and stakeholder
meetings regarding this proposal, as was conveyed to us by staff and commissioners at
the December 21st stakeholder meeting. It is important these additional stakeholder
meetings happen before any further action is taken on this ordinance.
The Broe Real Estate Group looks forward to working closely with County leaders on a
solution that provides an alternative proposal for accepting and reviewing development
applications. In the meantime, we ask this ordinance be delayed until more meaningful
dialogue and engagement occurs with the business community and other Weld County
property owners most impacted by this ordinance.
We appreciate you taking this request into consideration, and we look forward to working
with you on this proposal and other future projects in Weld County.
Sincerely,
Dean Brown
Senior Vice President — Industrial
Broe Real Estate Group
Marc Savela
Senior Vice President — Development
Broe Real Estate Group
Che I Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hello Mr. Dodgen,
Esther Gesick
Friday, March 1, 2024 2:54 PM
Andrew Dodgen
Perry Buck; Kevin Ross; Scott James; Mike Freeman; Lori Saine; Elizabeth Relford; Bruce Barker; Esther Gesick; Cheryl
Hoffman
RE: Weld County Ordinance #2023-18/PUD Repeal
Letter to WCC Chair Mike Freeman on PUD Ordnance 2024.docx
Your email comments and attached letter have been received for inclusion in the public record for consideration. By
copy on this message, I am also forwarding a copy to the appropriate staff for review.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street / P.O. Box 758 I Greeley, CO 80632
tel: (970) 400-4226
Ar
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Andrew Dodgen <adodgen@fullerre.com>
Sent: Friday, March 1, 2024 1:41 PM
To: Perry Buck <pbuck@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Weld County Ordinance #2023-18/PUD Repeal
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Thank you Weld County Commissioner Buck.
Warm Regards,
Andrew Dodgen I Principal & Sr VP Broker
Fuller Real Estate I Commercial
5300 DTC Parkway, Suite 100 I Greenwood Village, CO 80111
720-670-0377 Cell I 720-287-5412 Office
303-534-9021 Fax
CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of sender, and the materials are privileged
communications intended solely for the receipt, use, benefit and information of the intended recipient indicated above. If you are not the intended
recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this
electronic transmission is strictly prohibited and may result in legal liability on your part. If you have received this e-mail in error, please notify Fuller
Real Estate immediately by telephone (303) 534-4822 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be
1
LAND OFFICE INDUSTRIAL RETAIL INVESTMENTS
COMMERCIAL REAL ESTATE
Serving Colorado Since 1955
March 1, 2024
Dear Weld County Commissioner Chairman Mike Freeman,
FULLER
REAL ESTATE
www.FullerRE.com
Please accept these comments concerning the second reading of Ordinance #2023-18/PUD
Repeal. I urge the Board to delay action on this ordinance until a more formal application
process is in place for property owners and applicants. Removing the current PUD process with
nothing in its place will have incredibly negative impacts for property owners across Weld
County and is entirely unfair for those who have had plans to sell, develop, or use their own
private land to the highest and best use available to them.
The Weld County Commissioners need to lead the development that is happening in mostly
unincorporated areas of Weld County. Letting the various municipalities try to deal with this
growth without the leadership of the Weld County Commissioners is a disservice to the citizens
of Weld County. Worse, letting Adams County municipalities like Thornton or Brighton be the
leaders of development in Weld County is not right. Please lead the way for the current and
future citizens as growth continues in Weld County.
As a real estate broker who works closely with property owners in Weld County, it is incredibly
important to have fair, predictable land use regulations not only for Weld businesses and
corporations, but also for everyday families and estates who have relied on their private land
investment for decades to benefit future generations. Significant changes to land use policies and
development codes such as this one can have unintended consequences that impact not only the
building and development community, but it can also harm local property owners and Weld
County families who are simply seeking to abide by the rules and utilize their private land to the
fullest extent possible.
Finally, as one of many stakeholders who participated in the December 21 Pt meeting, we were
told that another stakeholder meeting was to occur before the second reading of the ordinance.
We are still waiting for that stakeholder meeting to occur, and it is only reasonable to ask this
ordinance be delayed until the commissioners and staff can convene an additional stakeholder
meeting to identify solutions and tools to create an alternative application process for land
owners and applicants.
Thank you for your time and consideration of this request, and I look forward to working with
the County in the near future on this important issue.
Andrew Dodgen
5300 DTC Pkwy, #100, Greenwood Village, CO 80111 Tele: 303.534.4822 Fax: 303.534.9021
February 29, 2024
Morwai Dairy, LLC
19999 CR 43
Hudson, CO 80642
Subject: Oppose PUD Removal Ordinance
Dear Board of County Commissioners -
As a property owner in Weld County, I am urging you to not make any significant changes to our
County code without talking to those most impacted first. By taking away the current PUD process,
Weld County property owners are now severely limited, if not outright prohibited, to develop or
secure any meaningful and appropriate future uses of our properties.
In fact, this proposal runs completely contrary to the principle of fair and predictable property rights
for farmers and ranchers in Weld County, and we ask that you delay any decision on this matter
before the Board.
Do not approve this PUD removal ordinance without talking to more Weld County property owners
first. We need more critical stakeholder meetings and engagement with farmers, ranchers, and
other members of Weld's agriculture community before unfairly changing the rules suddenly on
property owners in our County.
Signed,
John Moser
Member
Morwai Dairy, LLC
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther Gesick
Tuesday, March 5, 2024 3:58 PM
Andrew Dodgen
Mike Freeman; Kevin Ross; Lori Saine; Perry Buck; Scott James; Jim Flesher; Elizabeth Re!ford; Cheryl Hoffman
RE: PUD Code Ordinance 2023-18
Weld County Population and Area by ''lunicipality.pdf
Hello Andrew,
Your email and attachment have been received and will be included in the file as an Exhibit.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/ P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
186Isue 4-
C O U I
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Andrew Dodgen <adodgen@fullerre.com>
Sent: Tuesday, March 5, 2024 3:46 PM
To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov>; Perry Buck
<pbuck@weld.gov>; Scott James <sjames@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: PUD Code Ordinance 2023-18
Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Weld County Commissioners,
Thank you for postponing the 2na reading on this important change to the Code and asking for more feedback from
the stakeholders and other municipalities.
In thinking of the various municipalities, I found the Weld County Economic and Demographic Profile from your
website and became curious as to how much of the area of Weld County is unincorporated (92.5%; WOW) and
how much is incorporated (7.5%).
The changes you are contemplating governs the vast maority of Weld County and those landowners. It is a big job.
Thank you again for what you are doing for Weld County.
Warm Regards,
1
Andrew Dodgen Principal & Sr VP Broker
Fuller Real Estate I Commercial
5300 DTC Parkway, Suite 100 I Greenwood Village, CO 80111
720-670-0377 Cell I 720-287-5412 Office
303-534-9021 Fax
CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of sender, and the materials are privileged
communications intended solely for the receipt, use, benefit and information of the intended recipient indicated above. If you are not the intended
recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this
electronic transmission is strictly prohibited and may result in legal liability on your part. If you have received this e-mail in error, please notify Fuller
Real Estate immediately by to ephone (303) 534 4822 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be
guaranteed to be secure or error -fee as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The
sender does not have liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmissions.
2
Weld County
Population and Area by Municipality
Population % of Total Area Sq Miles % of Total
Ault 1,920 0 6% 1 728 0 0%
Berthoud 265 0 1% 13 067 0 3%
Brighton 364 0 1% 21 536 0 5%
Dacono 6,340 1 9% 8 796 0 2%
Eaton 5,844 1 8% 3 160 0 1%
Erie 17,614 5 3% 19 838 0 5%
Evans 22,204 6 7% 10 526 0 3%
Firestone 16,660 5 0% 14 227 0 4%
Fort Lupton 7,974 2 4% 12 199 0 3%
Frederick 14,695 4 4% 15 221 0 4%
Garden City 254 0 1% 0 113 0 0%
Gilcrest 1,027 0 3% 0 811 0 0%
Greeley 109,084 32 9% 49 092 1 2%
Grover 157 0 0% 0 595 0 0%
Hudson 1,651 0 5% 5 960 0 1%
Johnstown 12,542 3 8% 13 840 0 3%
Keenesburg 1,250 0 4% 3 460 0 1%
Kersey 1,498 0 5% 2 030 0 1%
La Salle 2,355 0 7% 0 960 0 0%
Lochbuie 8,188 2 5% 3 710 0 1%
Longmont 1,296 0 4% 30 400 0 8%
Mead 4,776 1 4% 12 730 0 3%
Milliken 8,493 2 6% 12 900 0 3%
Northglenn 25 0 0% 0 217 0 0%
Nunn 503 0 2% 3 710 0 1%
Pierce 1,095 0 3% 1 860 0 0%
Platteville 2,950 0 9% 3 080 0 1%
Raymer 110 0 0% 0 780 0 0%
Severance 8,032 2 4% 9 190 0 2%
Windsor 25,472 7 7% 26 260 0 7%
Unincorporated 46,546 14 1% 3,714 004 92 5%
331,184 100 0% 4,016 000 100 0%
•
•
i
•
City of Evans, Colorado
Community Development
•••••••
1 100 37th Street Evans, CO 80620 970.475.2228 I asnyder@evanscolorado.gov
April 18, 2024
Weld County
Board of County Commissioners
1 150 O Street
Greeley, CO 80631
RE: Zoning & subdivision in urbanizing areas
Dear Board of County Commissioners,
The City of Evans was invited to participate in a town hall meeting on April 11, 2024, regarding planned unit
development within Weld County. At the meeting, the topic was broadened to include discussion of land use in
general within the urbanizing areas of the unincorporated county. We thank you for the opportunity to provide input
in a meaningful way.
This letter is intended to expand upon the City's previous letter to the County serving as a formalization of the City
of Evans' position regarding urban -scale development within its growth management area. The City of Evans supports
Weld County efforts to revise its zoning, subdivision, and long range plans in accordance with regional development
vision and goals.
Eventual incorporation
An assumption was made at the town hall meeting that development occurring in the County within a growth
management area will eventually be incorporated. Unfortunately, land developed outside a municipal limit is very
difficult to incorporate unless it becomes a true enclave. And even then, since a development was created without
municipal standards, enclave annexation likely present costly infrastructure challenges.
If the property boundary abuts the growth management area or municipal boundary of another jurisdiction, the
property may never incorporate. Depending on the size and permanence of the land use, the development may
even prevent a jurisdiction from being able to grow further. Development on our doorstep hinders our ability as a
city to grow in an orderly manner, resulting in leapfrog development patterns and flagpoles.
Development use of municipal services
Even if a development never incorporates, it will draw on city services. Users or residents will make use of city streets
and parks for which no property taxes are paid to support. A road maintenance agreement may help, but it will not
fully incapsulate the impact or address all of the concerns. For example, no monetary compensation will address the
complexity the City of Evans faces with regard to overlapping water district pipelines in the same street or the
inability to obtain an easement as a result of differing use -by -right development construction standards.
Confusion
Currently, the City of Evans has several unincorporated residential subdivisions and industrial land uses not only within
our growth management area, but nearly surrounded by municipal limits. Most are not true enclaves, and even those
that are will be difficult to annex and difficult to maintain if annexed due to poor infrastructure and right-of-way
issues. Users and residents are confused as to where they live, what services they are eligible for, and where to go
for help. A phone conversation heard every day, all day here in the City of Evans includes an "I'm sorry. You don't
live in Evans."
While the Evans Fire Protection Distract has entered into an intergovernmental agreement with the LaSalle Fire
Protection District to serve extraterritorially, it is still the Weld County Sheriff's Office responding to 911 calls as
close as a half -mile from the Evans police station The Sheriff's Office is stretched thin across a large county There
are no dedicated officers to the unincorporated parts of Evans and no guarantee than an officer is nearby in case
of emergency If these residential subdivisions had been forced to annex at the time of their creation, the emergency
response would be much swifter and crime would be easier to keep in check
Reputation
Unincorporated developments often become safety and reputation concerns for the nearby municipality As
previously stated, the Sheriff's Office cannot provide the level of service that a local police department can provide
The result is that those areas become hot spots for criminal activity The general public associates that criminal activity
with the city
Furthermore, the Weld County property maintenance rules are minimal This is by design The essence of zoning is to
regulate nuisance Most uses on a property out in the middle of nowhere are not likely to bother anyone However,
for the minimal county regulations that do that exist, zoning enforcement lacks teeth When even these are being
violated within an urban area, the compliance process has proven ineffectual Again, the general public cannot see
the line between city and county and assumes the city is at fault for the nuisance Our Neighborhood Services Division
fields numerous complaints and public criticisms from residents and elected officials alike for situations they do not
have the authority to address
Solution
At the April 11, 2024 meeting, representatives from Weld County cities and towns were asked for recommendations
to resolve these issues The City of Evans recommends the following
1 Update the Coordinated Planning Agreements
Weld County already has a template agreement that protects municipal interests for urban development that can
be used as a basis for a new agreement Acceptable language exists in the Dacono and Frederick Plan, found in
Chapter) 9, Article II, Weld County Code, such as the following
An essential purpose of tins Agreement is to ensure that urban development will occur only within the limits of the
applicable MUNICIPALITY or in areas which are eligible for annexation to such MUNICIPALITY Therefore, as a condition
of approval of any rezoning, planned 'unit development, subdivision or use by special review for any commercial or
industrial use pursuant to Section 31 4 18 of the Weld County Zoning Ordinance #89 (renumbered as Section 23-3-
40 R of this Code), contained m Appendix 19-D, the COUNTY shall require that there be executed annexation agreement
between ,the applicant and the MUNICIPALITY which requires the owners to annex the property to the MUNICIPALITY
upon the terms and conditions and within the time stated in the agreement No such agreement shall be required in the
case of a recorded exemption, subdivision exemption or use by special review for oil and gas wells - Section 19-2-
10 C 2 (Weld County Code)
The City of Evans would like to see any urbanization of land included in the definition of development requiring an
annexation agreement, such as any land division with density higher than two dwelling units per thirty-five (35) acres
in accordance with state subdivision statutes, 30-28-403 and 30-28-101(10)(c)(I) (Colorado Revised Statutes) or
any land to be covered more than ten (10) percent with impervious surfaces or structures (','The Importance of
Imperviousness," Watershed Protection Techniques 1(3) 100-1 1 1, by Thomas R Schueler )
2 Modify Zoning
The town hall meeting also presented the representatives with the allowed uses for the A (Agricultural) Zone District
Most of the uses are not only appropriate for unincorporated areas, but ideal for unincorporated, nonurbanzing
areas The City of Evans recommends that Weld County consider a legislative rezoning of the A Zone District This
would allow the County to be able to treat urbanizing areas, existing unincorporated residential subdivisions, historic
townsites, and nonurbanizing areas differently. The urbanizing area has already been defined in County documents
as the generalized area served by public water. The City recommends adding a three-mile buffer to this area, as
unincorporated development impacts urban growth of the entire region.
The County already has zone districts that could be used for existing A -zoned residential subdivisions, such as E and
R-1, and for historic townsites, such as R-1 and C-1. Also consider changing what is allowed in the C- and I -zones
within urbanizing areas, as this has an even greater impact, as most uses are by -right and have less review.
Suggested land uses for the remaining A -zoned areas.
A-Nonurban
A -Urban
Single-family
with
allowance
homes
for
ADUs
at
2 du/35
or
2nd
acres
Family
(in
accordance
Dwellings)
Single-family
with
allowance
homes
ADUs
at
2 du/35
or
acres
2nd Family
(in
accordance
Dwellings)
for
Ag/Farming
Ag/Farming
Animal
Boarding/Training
Animal
Boarding/Training
Batch
Plants
Camping,
Fishing,
Hunting
Camping,
Fishing,
Hunting
Energy
ground)
with
limited
footprint
(1
0% or less
covered
Energy (O&G, wind,
solar,
battery, etc)
Communication
Communication
Towers
Utilities,
small
Utilities,
small
Residential
buffer
areas
cluster
developments
between
municipalities
in agreed
upon
Nontraditional
storage
Outdoor
storage
Agritainment/Event
Centers
Recreation
Construction/Landscape
Cemeteries
Rural
churches
Waste/Composting
Salvage
Transloading
Power
plants
Residential
cluster
developments
Note, the City of Evans is not opposed to open mining, transloading, solar facilities, or other traditional industrial
uses within our growth management area. Rather, those uses should be developed within a municipality, ensuring that
uses will contribute to public funding and comply with any applicable master plan for the area.
Thank you for the opportunity to submit comments. Please feel free to reach out for follow-up conversations. The City
of Evans would make a great test subject for a new Coordinated Planning Agreement.
Most Respectfully,
Angela Snyder
Community Development Director
City of Evans, Colorado
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
CTB,
Maxwell Nader
Tuesday, April 23, 2024 6:02 AM
Esther Gesick; Chloe White; Jessica Reid; Jan Warwick; Cheryl Hoffman
Elizabeth Relford
FW: Zoning and subdivision in urbanizing areas
2024 04 18 Weld Zoning Comments.pdf; 2023 12 20 Weld PUD Comments.pdf
Unsure if Karla sent these letters from the City of Evans yet regarding ORD2023-18. Could you please include them into
the record. Thank you!
Best,
laxwell Nader
tanning Manager
)ept. of Planning Services
402 N 17th Ave
;reeley, CO 80631
inader@weld.gov
hone: (970)-400-3527
WELD COUNTY, CO
Confidentiality Notice: This electrDnic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Angela Snyder <asnyder@evanscolorado.gov>
Sent: Friday, April 19, 2O24 2:09 PM
To: Maxwell Nader <mnader@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Karla Ford <kford@weld.gov>
Cc: Jim Flesher <jflesher@weld.gov>; Cody Sims <csims@evanscolorado.gov>; Michael Hall <mhall@evanscolorado.gov>
Subject: Zoning and subdivision in urbanizing areas
This entail originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi All,
Thank you for the opportunity to provide input on zoning and subdivision within the unincorporated parts of Weld
County. I applaud your decision to take a hard look at the impact of land uses within municipal growth areas.
I've attached comments to be shared with the Board. I've also attached our comments submitted for the 1St
reading of the ordinance addressing Chapter 27 - Planned Unit Development last December.
It is an honor to be included in the conversation. I look forward to working together on an update to our
Coordinated Planning Agreement in the near future.
Respectfully,
1
Angela Snyder
Angela Snyder, CFM
Community Development Director
Direct 970-475-2228 Permitting Line 970-475-1195
r4I4
Evans, Cnlorada :1;i10
www.evanscolorado.gov
Alk
Empower. Deliver. Grow. Engage.
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please immediately notify the sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
All messages sent or received by this address may be subject to public disclosure pursuant to the Colorado Open
Records Act (CORA) C.R.S. 24-72-200.1 et seq.
2
From:
To:
Subject:
Date:
Attachments:
Elizabeth Relford
Maxwell Nader; Jim Flesher
FW: Urban/Non-Urban Definitions Stakeholder Meeting
Tuesday, April 16, 2024 9:03:38 AM
Larimer County IGA ;2001).pdf
FYI...
Elizabeth
From: Scott Ballstadt <sballstadt@windsorgov.com>
Sent: Friday, Ap-il 12, 2024 10:41 AM
To: Elizabeth Relford <erelford@weld.gov>
Cc: Barry Wilson <bwilson@windsorgov.com>; Shane Hale <shale@windsorgov.com>; John Thornhill
<jhornhill@windsorgov.com>
Subject: Urban/Non-Urban Definitions Stakeholder Meeting
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Elizabeth,
Thank you for the invitation and opportunity to participate in last night's meeting. It was very
refreshing to hear the Commissioners openness to tailoring Cooperative Planning Agreements to the
context of individual communities. As we heard last night, there were a lot of common concerns
between communities but also a lot of unique perspectives.
I also want to commend staff and the Commissioners for previously removing major subdivisions
from the code, as those were some of the projects that seriously impact neighboring communities
from a service provider perspective. The added rooftops just outside municipal boundaries increase
pressure on roads, law enforcement, parks & recreation, etc. For example, Windsor Parks &
Recreation programming is under constant pressure to find enough fields for youth sports and, even
though someone may not technically live in town, they often still utilize town facilities and
programming.
Unplanned urban level development within a municipal Growth Management Area (GIVA) creates
challenges not only from an impact to existing services but also the ability to plan for future services
such as sanitary sewer and other services. Such unplanned projects essentially "carve out" a hole
within that GMA that may or may not have been planned for appropriate service levels. Additionally,
it often results in increased cost of development for neighboring properties if, for example, water
and sewer lines now require extension across unincorporated developments to serve others. This is
just an example 3f why we recommend that urban level development be compelled to annex to
municipalities where urban level services are planned.
With regard to pre -annexation agreements, I would like to share the below language from the
attached IGA that has worked well and might be used for further discussions:
• 2.1.7 The County agrees that it will not accept any application for rezoning, special
review (including gravel extraction) or Planned Development on property that is eligible
for voluntary annexation to Windsor unless an annexation petition which conforms to
Windsor's standard annexation conditions is submitted to Windsor and is subsequently
denied by Windsor. If such an annexation petition is denied by Windsor, the County
may accept said application on the property and, if appropriate, approve it in accordance
with the Larimer County Land Use Code.
Of course, this is just one excerpt of many from the attached agreement that you might find useful
for discussion purposes. The agreement is 20+ years old and may need some updating, but it has
worked fairly well for the Windsor GIVA. Please let me know if you have any questions.
Thanks again. Have a great weekend, Scott
Scott Ballstadt
Director of Planning
Town of Windsor, Colorado
Community Development Planning
From: Karla Ford <kfordPweld.gov>
Sent: Monday, February 26, 2024 2:38 PM
To: VcowperPplattevillegov.org; ckirk@berthoud.org; mpmartinez@brightonco.gov;
jkrieger@cityofdacono.com; wesleyPeatonco.org; mfleming@erieco.gov;
csims@evanscolorado.gov; AKrieger@FirestoneCO.gov; bostlerPfrederickco.gov;
CCross@Fortluptonco.gov; ccampbell@townofgardencity.com; dan@townofgilcrest.org;
raymond.lee@greeleygov.com; townofgrover@wigginstel.com; manager@hudsoncolorado.org;
MLeCerf@JohnstownCO.gov; mcanterbury@keenesburg.org; cmorgankerseygov.com;
Ilorentzen(lasalletown.com; ajeuckert(5Lochbuie.org; harold.dominguez(Wlongmontcolorado.gov;
hmigchelbrink@townofmead.org; cpowell@millikenco.gov; townofraymerPgmail.com;
hgeyer@northglenn.org; townofnunn.clerk@ezlink.com; KDuran@TownofPierce.org; Troy Renken
<trenkenPplattevillegov.org>; nwharton(atownofseverance.org; Kevin.Woods@thorntonco.gov;
aadams@timnathgov.com; Shane Hale <shale@windsorgov.com>; Ault Mayor
<butchw@townofault.org>; Berthoud Mayor <wkarspeck@berthoud.org>; Brighton Mayor
<gmills@brightonco.gov>; Dacono Vayor<adam.morehead@cityofdacono.com>; Eaton Mayor
<smoser@eatonco.org>; Erie Mayor <jbrooks@erieco.gov>; Evans Mayor
<MClarkftevanscolorado.gov>; Firestone Vayor <dpeterson(ofirestoneco.gov>; Frederick Mayor
<tcrites@frederickco.gov>; Ft. Lupton Mayor <zstieber@fortlupton.org>; Garden City Mayor
<mayorPtownofgardencity.com>; Garden City Mayor 2nd Email <filee-1on195@comcast.net>;
Gilcrest Mayor <mayor(atownofgilcrest.org>; Greeley Mayor <john.gates(Wgreeleygov.com>;
Hudson Mayor <lhargis@hudsoncolorado.org>; Johnstown Mayor <TMellon(aJohnstownCO.gov>;
Keenesburg Mayor <mayor@keenesburg.org>; Kersey Mayor <glagrimanta@kerseygov.com>;
LaSalle Vayor <amartinez@lasalletown.com>; LaSalle Mayor 2nd Email
<andymartineztriPgmail.com>; Lochbuie Mayor <mmahoneycE lochbuie.org>; Longmont Mayor
<Joan.Peck@longmontcolorado.gov>; Mead Mayor <cwhitlowfttownofinead.org>; Milliken Mayor
<eaustin@millikenco.gov>; Northglenn Mayor <mleighty@northglenn.org>; Pierce Mayor
<mayor@townofpierce.org>; Platteville Mayor <asandovaI plattevillegov.org>; Severance Vayor
<townofnunn.jmoon@ezlink.com>; Severance Mayor <matthew.fries@townofseverance.org>;
Thornton Vayor <jan.kulmann@jthorntonco.gov>; Timnath Mayor <msoukup@timnathgov.com>;
Paul Rennemeyer <prennemeyer(a windsorgov.com>
Cc: sullis@townofault.org; CSamora@berthoud.org; sjohnsonPbrightonco.gov;
nhoel@brightonco.gov; vtaylorPcityofdacono.com; jane@eatonco.org; townclerk(erieco.gov;
jbarnett@evanscolorado.gov; MGonzalez@FirestoneCO.gov; KGreen@frederickco.gov;
mpena@Fortluptonco.gov; lwaters@townofgardencity.com; brenda@townofgilcrest.org;
cityclerk@greeleygov.com; townofgrover@wigginstel.com; clerk@hudsoncolorado.org;
hhill@johnstownco.gov; cfernandez@keenesburg.org; jpiperPkerseygov.com;
hcurtis@kerseygov.com; godenbaugh@lasalletown.com; HBowen@Lochbuie.org;
Dawn.Quintanaalongmontcolorado.gov; MStrutt@townofmead.org; crinebarger@millikenco.gov;
townofraymer@gmail.com; jsmall(@northglenn.org; townofnunn.clerk@ezlink.com;
KDuranPTownofPierce.org; dschlegel@plattevillegov.org; LVanarsdallPtownofseverance.org;
clerk@cityofthcrnton.net; mpeters@timnathgov.com; Karen Frawley <kfrawleyPwindsorgov.com>
Subject: Urban/Non-Urban Definitions Stakeholder Meeting
Some people who received this message don't often get email from Lord Learn why this is important
Caution: **External Email**
Below is an invited from Commissioner Ross. We also send out a calendar invite. Clerks — this is for
you information — please be sure to pass along to your mayor and town manager If you assist with
RSVP's for them, please do so. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m,-5:00p.m.**
From Commissioner Ross...
Town Leaders,
The Board of County Commissioners is hosting a stake holders meeting on Thursday, April 11th from
6:00 — 8:00pm at the Weld County Administration Building Events Center, 1150 0 Street, Greeley.
This meeting is extremely important! We would like to have your Municipal Vanager or someone
that handles your planning duties along with one (1) elected official from your municipality attend in
person. We are going to discuss the county's planning process towards residential development and
specifically look at the definitions the county uses for urban and non -urban development.
Please make every effort to attend this meeting as it is going to be vital in how Weld County grows
and is developed moving forward.
Dinner will be provided. Please RSVP no later than April 4th. Send your RSVP to Karla Ford
kford (Eweld.gov.
Regards,
c9(19111.tb Meg)
Chairman of the Board
Weld County Commissioner, At -Large
970-381-5172(cell)
THE TOWN OF EAT°
fix:"� ':
May 1, 2024
Weld County Board of County Commissioners
c/o Mr. Kevin Ross, Chair
P.O. Box 758
Greeley, CO 80631
Dear Weld County Commissioners,
Re: 2nd Reading of PUD Ordinance 2023-18
Once again, I'd like to thank you on behalf of the Town of Eaton for your continued commitment
to update the coordinated planning agreements across the County. These are important
documents that share the collective vision for the future of development within municipal urban
growth areas. We are also appreciative of the County's efforts on April 11th, to gather its
municipal partners to discuss land use cooperation and property rights.
The Town is proud of our agricultural roots, and we support our neighbors and friends who are
farmers and ranchers in and around our community. The proposed revision to the County PUD
zone districts and process does not alter the existing rights to farm. Instead, it provides clarity
around the community development review process and further clarifies where urban scale
development makes sense.
The Town supports the County's desire to remove the PUD process from their land development
code. Urban scale development that benefits from municipal services should be concentrated in
and near existing municipalities that can provide those services.
The Town of Eaton appreciates our collaborative relationship with Weld County, and we look
forward to continuing our coordinated land management practices that protect the health, safety,
and prosperity of our communities and all Weld County residents.
Si erely,
Mayor Scott Moser
Town of Eaton, CO
g.laquisimponspor„_:titiar..
2.23 1st St, Eaton, CO 8061
LYf N _
4 r : .
townofeaton.colorado.gov
Che I Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Jason Bradford <jbradford@townofmead.org>
Wednesday, May 22, 2024 8:47 AM
CTB
Jim Flesher
Ordinance 2023-18
Letter_Town of Mead comments_Weld County_Ordin 2023-18_final.docx
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Thank you for the opportunity to provide comments to the Weld County Commission for Ordinance 2023-18.
I have attached comments from the Town of Mead.
Please let me know if you have any questions.
Regards,
MEAD
COLORADO
JASON BRADFORD, AICP
Director
COMMUNITY DEVELOPMENT
441 Third Street I Mead, CO 80542
p: 970.805.4192 I w: townofmead.org
1
MEAD
COLORADO
May 22, 2024
Weld County Board of County Commissioners
c/o Mr. Kevin Ross, Chair
PO Box 758
Greeley, CO 80631
RE: Ordinance 2023-18. Town of Mead Comments.
Dear Weld County Commissioners,
On behalf of the Mayor and Board of Trustees of the Town of Mead, I would like to express my
sincere thanks and appreciation for the invitation to dialogue with the County Commissioners at
the April 11th stakeholder meeting regarding the County's PUD regulations, the future of
development in Weld County, and the future of the County's relationship with its incorporated
cities and towns. I attended the meeting with Mead's Mayor, Colleen Whitlow, and Town Trustee
Debra Brodhead. The three of us found the meeting to be very productive and encouraging, and
we appreciated the County Commissioners' willingness to listen to comments from the towns
and cities within Weld County.
The Town of Mead is very supportive of Weld County moving away from urbanized development
through PUDs or other development tools that encourage urban densities within the County. We
are also very encouraged to see that the County is willing to consider the establishment of more
meaningful Cooperative Planning Agreements (CPAs) between the County and its incorporated
municipalities.
The elected officials and residents of the Town of Mead are proud of the long-standing
agricultural heritage that is so essential to our area. We appreciate the long-standing policy to
protect the "right to farm." As a result of this strong stance, Weld County exists as one of the
most successful and robust farming communities in America.
In addition to its adoption of pro -farming regulations, Weld County has also long embraced the
need to accommodate urbanized development. Colorado's front range is one of the fastest -
growing regions in the Country, and it is important to provide opportunities to establish urban
communities within Weld County.
Urbanized development is most successful and appropriate when located within an incorporated
town or city. Towns and cities were established by the County to provide opportunities for robust
and vigorous interactions between residents and businesses through the establishment of
concentrated areas of higher -density residential, commercial, and industrial development.
MEAD
COLORADO
This dense urbanized development pattern is generally inappropriate within the context of the
rural county landscape. When urban patterns of development and urbanized densities are
encouraged to be established outside of the boundaries of incorporated towns and cities, it can
result in many problems, such as urban sprawl, ineffective roadway networks, and inefficient
delivery of essential utilities.
In addition to these problems, urbanized development in the County can lead to strained
relationships between the residents of the County and their urban neighbors. When urban -style
development occurs within the context of the rural county, there can be fractious interactions
between residents of urban communities and the residents of rural and farming communities.
Often, prospective developers will leverage the threat of developing their projects in the County
rather than follow the guidelines established in the incorporated municipality. The
encouragement of urbanized development in the County also leads to the loss of the rural
lifestyle for residents of the County and the loss of valuable farmland.
Thank you for your commitment to collaborative relationships with your incorporated towns and
cities and for inviting comments from the many communities within Weld County. The Town of
Mead appreciates the effort to reflect on the county's future development patterns, and we look
forward to being a strong partner in shaping its future.
Respectfully,
MEAD
COLORADO
JASON BRADFORD, AICP
Director
COMMUNITY DEVELOPMENT
441 Third Street I Mead, CO 80542
p: 970.805.4192 I w: townofmead.org
COLORADO
30 May 2024
Weld County Board of County Commissioners
P.O. Box 758
Greeley, CO 80631
Re: 2nd Readirg of Weld County PUD Ordinance 2023-18
Dear Commissioners,
Mayor Zo Hubbard
130 S. McKinley Avenue Phone: 303.857.6694
Fort Lupton, CO 80621 Fax: 303.857.0351
Mayor@fortluptonco.gov
www.fortluptonco.gov
Thank you for inviting our communities to participate in the April discussion on the County's PUD ordinance and
development across Weld County as a whole. Ahead of the second reading of the ordinance on June 12, I am writing
to provide our comments on the ordinance.
Fort Lupton supports the County's Ordinance 2023-18 and the removal of the PUD zone district from the County's
Municipal Code. The City recently removed PUDs from our development code as a straight zoning option in an
attempt to create clearer and more cohesive development in our community moving forward. Traditional PUDs
create their own se: of design standards that create discrepancies in municipality -wide standards and require greater
review to ensure standards are properly applied.
At a larger scale, the City supports urban -scale development occurring within municipalities. Urban -scale
developments normally require urban -scale services for the benefit of public health, safety, and welfare, and
municipalities are in the best position to efficiently and effectively provide these services. We work diligently in Fort
Lupton to plan for service expansions within our growth area and find the benefit to property owners, developers,
and the City and County governments when municipal services are coordinated for new projects.
To put it plainly, where development has occurred without our criteria in effect, it's difficult to see where the
advantage to annexing a property would exist without substantial effort by both the owner and the city.
Finally, the City appreciates and looks forward to continued coordination on development within our future growth
area. We support coordinated planning agreements and the development of cohesive design standards for our
future growth area. This includes items like screening and streetscapes, along with land uses and development
patterns. Fort Lupton supports preserving open space and agricultural land uses in line with County goals and
encourages conservation/cluster development in areas where it is valuable for preserving the City and County's
character.
Thank you for our continued & collaborative relationship and the opportunity to provide municipal feedback. We
look forward to coordinating in the future to promote the goals of the residents of Fort Lupton and Weld County.
Sincerely,
GoJ4ub11i d
ii&As
46 /Ait
/0.2 —/A —027 j
va-c e i.)-4O,44-,__,
BE IT FURTHER RESOLVED by the Board that the Pending Ordinance Doctrine, as recognized by the
Colorado Court of Appeals in the case of Crittenden v. Nasser, 41 Colo.App. 235, 585 P.2d 928
(Colo.Ct.App.1978), shall apply to this Ord.2023-18, and the Weld County Department of Planning
Services is hereby directed that, beginning this day of First Reading (December 4, 2023), it accept no
applications to change the zoning of a property to PUD pending the outcome of this Ord.2023-18.
02ng
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Pamela Edens, that the following resolution be introduced for denial by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
Case Number
Presented by
Request
Ordinance 2023-18
Tom Parko
In the Matter of Repealing and Reenacting with Amendments, Chapter 27 Planned
Unit Development of the Weld County Code (Planned Unit Developments)
be recommended unfavorably to the Board of County Commissioners for the following reasons
The Planning Commission is concerned about passing the Amendments to Chapter 27 removing
new Planned Unit Developments without an option in place for allowing developments larger than
nine lots
2 The Planning Commission is concerned about the process that was used in bringing the changes
forward and did not have enough information to recommend approval
Motion seconded by Michael Palizzi
VOTE
For Denial
Elijah Hatch
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Barney Hammond
Against Denial Absent
Skip Holland
Butch White
Virginia Guderjahn
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
Certification of Cop,
I, Kristine 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 November 7, 2023
Dated the 7th of November, 2023
Kristine Ranslem
Secretary
2023-3506
L_
I
CHAPTER 27 - Planned Unit Development
Repeal Chapter 27 in its entirety and Reenact with the following:
ARTICLE I - General Provisions
Sec. 27-1-10. Definitions.
Italicized words and phrases in this chapter shall have the meanings stated in Section 24-1-40, Definitions,
of Chapter 24 of this Code.
Sec. 27-1-20. Enforcement.
A. The County, through its Department of Planning Services or other departments so authorized, may
enforce this Chapter and the regulations found on Planned Unit Development (PUD) plats and
approving resolutions through methods included in Article X of Chapter 23 of this Code or through other
methods adopted by the Board of County Commissioners.
B. Any subdivider, or agent of a subdivider, who transfers, sells, agrees to sell or offers to sell any
subdivided land before a final plat for such subdivided land has been approved by the Board of County
Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of a
misdemeanor and shall be subject by a fine of not more than one thousand dollars ($1,000.00) nor less
than five hundred dollars ($500.00) for each parcel or interest in subdivided land which is sold or offered
for sale. All fines collected shall be credited to the general fund of the County.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
or developer from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such
subdivided land has been approved by the County in accordance with this Chapter 27 and recorded
with the Office of the Weld County Clerk and Recorder in accordance with Section 30-28-110(4), C.R.S.
Sec. 27-1-30. Zone changes to Planned Unit Development discontinued.
A. No applications to change the zoning of a property to PUD shall be accepted.
B. This section shall not be deemed to prohibit amendments to approved PUDs.
Sec. 27-1-40. Properties approved for PUD zoning without recorded PUD zoning plats.
If the conditions of approval of a PUD Change of Zone have not been met and the PUD zoning plat
has not been approved for recording by the Department of Planning Services prior to [effective date]; the
application shall be null and void.
Sec. 27-1-50. Unplatted property zoned PUD.
A. For any property with an approved and recorded PUD zoning plat for which a complete PUD final plan
application has not been submitted prior to [effective date], the Board shall revoke the PUD zoning and
order the property's zoning to be reverted to the prior zone district.
B. For any property with an approved and recorded PUD zoning plat for which a complete PUD final plan
application has been submitted prior to [effective date] all conditions of approval must be met and the
final plat submitted for recording prior to the deadline given in the staff letter or the Board resolution of
approval or extension, or the Clerk to the Board shall schedule a public hearing before the Board of
County Commissioners. The property owner shall be notified at least fifteen (15) days prior to
the hearing. If the Board determines that conditions supporting the original approval have
changed or that the property owner is unwilling or unable to meet the conditions of approval
and implement the PUD, the Board may, after a public hearing, rescind the approval, revoke
the PUD zoning, and order the property's zoning to be reverted to the prior zone district.
pa-
C. No building permits shall be issued and no development, including grading, shall commence
on a property in the PUD zone district until a PUD final plan is approved and the final plat
recorded in accordance with Chapter 27.
Sec. 27-1-60. PUD final plan submittals for phased PUDs.
A. Where a PUD final plan has been approved and recorded for a phase or a portion, but not the
entirety, of a PUD zoning plat, final plan submittals for the remaining portion shall be
processed in accordance with this Section 27-1-60.
B. At least one (1) of the proposed roads within the final plan area shall intersect a publicly
maintained road or an existing road within a previously platted portion of the PUD.
C. No PUD shall contain any access easements except for the following:
1. Pre-existing access easements for nonresidential purposes such as ditch maintenance
roads or oil and gas facility access roads.
2. Access easements solely for the use of emergency services.
D. An owners association is required and shall be managed by the property owners within the
PUD.
1. The owners association shall be created and all necessary documents recorded prior to
recording of the plat.
2. All outlots shall be dedicated to the owners association on the plat and a deed conveying
all outlots to the owners association shall be provided to the Department of Planning
Services for recording with the plat.
E. Criteria for approval. The PUD final plan must:
1. 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.
2. Address to the satisfaction of the Board of County Commissioners the requests and
concerns of any referral agency or mineral interest.
3. Comply with the standards detailed in Articles II and III of Chapter 24, Article Ill of this
Chapter, and this Section 27-1-60.
4. Comply with the recorded PUD zoning plat. Where the PUD zoning plat conflicts with the
provisions of this Chapter or Article III, Chapter 24, as determined by the Board of County
Commissioners at the hearing described below, the PUD final plan shall comply with the
PUD zoning plat.
F. Procedure. The PUD final plan application shall be processed according to the following
procedure.
1. Prior to submitting an application, the applicant shall submit a Pre -Application Request
Form and meet with the Department of Planning Services to discuss the proposal.
Following the Pre -Application meeting, the applicant may submit a complete application
electronically.
2. The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application. Upon determination that the
application is complete, the application fee shall be paid.
3 Once the application is deemed complete and the fee paid, the Department of Planning
Services shall send the application to relevant referral agencies for review and comment
as the Planner deems necessary. A list of referral agencies is located in Appendix 23-G
of the Weld County Code. The failure of any agency to respond within twenty-one (21)
days may be deemed a response with no concerns. All referral agency review comments
are considered recommendations to the County. The authority and responsibility for
approval or denial of the application rests with the County.
3
4 The Department of Planning Services shall schedule review of the Utility Plan on the
first available Utilities Coordinating Advisory Committee meeting prior to the Planning
Commission hearing. The Utilities Coordinating Advisory Committee shall review the
Utility Plan for compliance with Section 24-3-60 of Chapter 24.
5 The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete
application. The Staff Report shall contain a recommendation for approval or denial. The
Staff Report shall address all aspects of the application, including, but not limited to,
referral agency comments and the regulations contained in the Weld County Code.
6 The Department of Planning Services shall schedule Planning Commission and Board
of County Commissioners public hearings. Legal notice, posting, and surrounding
property owner notification of the hearings shall be concurrent.
7. Prior to the Planning Commission hearing, sign posting, legal publication, and
surrounding property owner notification shall be required, as follows:
a. The Department of Planning Services shall post a sign with case information on the
property under consideration. The sign shall be posted adjacent to, and visible from,
a publicly maintained road right-of-way. The Department of Planning Services shall
certify that the sign has been posted fifteen (15) days preceding the Planning
Commission hearing date, evidenced with an affidavit and photograph.
b. The Clerk to the Board shall arrange for legal notice of the hearings to be published
in the newspaper designated by the Board for publication of notices. The date of
publication shall be at least fifteen (15) days prior to the Planning Commission
hearing.
c. The Department of Planning Services shall give notice of the application and the
public hearing dates to owners of property within the PUD who are not the applicants
and to those persons listed in the application as owners of property located within
five hundred (500) feet of the subject property. Such notification shall be mailed,
first-class, not less than fifteen (15) days before the Planning Commission public
hearing. Inadvertent errors by the applicant or the Department of Planning Services
in supplying such list. or the Department of Planning Services in sending such
n otice, shall not create a jurisdictional defect in the hearing process, even if such
e rror results in the failure of a surrounding property owner to receive such
n otification.
8. The Planning Commission shall consider all aspects of the application, including, but not
limited to, the staff recommendation, referral agency responses, the application case
file, and testimony presented at the public hearing. The Planning Commission shall
recommend approval of the request unless it finds that the applicant has not met one (1)
or more of the applicable requirements of this Code.
9 The Board of County Commissioners shall consider the application and take final action
thereon. The Board of County Commissioners' decision shall consider the
recommendations of the Planning Commission and Planning staff, referral agency
responses, the application case file and facts presented at the public hearing. The Board
shall approve the application unless it finds that the applicant has not met one (1) or
more of the applicable requirements of this Code. The Board shall adopt a resolution of
approval or denial. If the application is denied by the Board of County Commissioners,
refer to Section 2-3-10, Previously denied applications for land use matters, of this Code.
10 If approved, and upon completion of the conditions of approval, including recording of
the Development and Improvements Agreement per Section 24-2-40 of Chapter 24 and
acceptance of the draft plat by the Department of Planning Services, the signed and
notarized plat and deed conveying all outlots to the owners association shall be
submitted for recording with the recording fee to the Department of Planning Services.
11 No development, including grading, shall commence prior to recording of a Development
and Improvements Agreement and final plat.
12. The Board of County Commissioners shall have the power to bring an action to enjoin
any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a
final plat for such subdivided land has been recorded per Section 30-28-110(4), C.R.S.
13. All property within the PUD final plat shall comply with the recorded final plat, including,
but not limited to, any development standards or notes on the plat. Noncompliance shall
result in withholding Weld County permits on any affected property.
14. No building permits shall be issued until the improvements are constructed and accepted
per the terms of the Development and Improvements Agreement.
G. Submittal requirements. The following application items are required:
1. If the PUD zoning plat requires public water. An executed water service agreement with
the public water provider to serve the development. The agreement shall demonstrate
that the water quality and quantity are sufficient to meet the requirements of the uses
within the development. Documentation shall address the primary conditions of service
including payment of tap fees, extension of pipelines and other water service facilities,
dedication of water rights, etc., per the requirements detailed in Section 29-20-304,
C.R.S. The agreement and supplemental documentation shall be reviewed and
accepted by the Weld County Attorney's Office prior to acceptance of the application. If
the water service agreement expires prior to the Board of County Commissioners
hearing, the applicant is responsible for providing an updated agreement prior to the
hearing.
2. If the PUD zoning plat requires public sewer. An executed sanitary sewer service
agreement from the public sewer provider to serve the proposed PUD. The agreement
and supplemental documentation shall be reviewed and accepted by the Weld County
Attorney's Office prior to acceptance of the application. If the sewer service agreement
expires prior to the Board of County Commissioners hearing, the applicant is responsible
for providing an updated agreement prior to the hearing.
3. A recorded agreement with mineral owners associated with the subject property, if
applicable. Such agreement shall stipulate that the oil and gas activities on the subject
property have been adequately incorporated into the design of the PUD. Alternatively,
the applicant shall provide written evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owners on the subject property.
4. Application Form.
5. Authorization Form, if applicable.
6. Deed identifying the surface estate ownership in the property.
7. Articles of Organization or Incorporation documents if the owner is a business entity,
including Statement/Delegation of Authority documentation for the person authorized to
sign on the corporation's behalf, or trustee documents if the owner is a trust.
8. A narrative describing the project.
9. Construction schedule showing the approximate dates when construction of the
development is proposed to start and finish. This shall include detailed stages in which
the infrastructure and community amenities will be constructed.
10. A statement describing the method of financing for the development. The statement shall
include the estimated construction cost and proposed method of financing of the
infrastructure construction, including, but not limited to, street and related facilities, water
distribution system, sewage collection system, floodplain protection, stormwater
management facilities, and such other facilities as may be necessary.
11. Phasing plan, if applicable.
12. Final Drainage Report, in accordance with Section 24-3-200 of Chapter 24.
13. Final construction plans. Final, accepted construction plans signed and stamped by a
registered professional engineer licensed to do business in the state shall be required
prior to recording the plat.
14. Final Traffic Impact Study, in accordance with Appendix 8-Q of this Code.
15. Draft of a deed conveying all outlots to the owners association after the final plat is
recorded.
16. Draft final plat prepared according to the plat requirements per Section 24-2-70 of
Chapter 24 and the following:
inv
a. Metes and bounds legal description of the subject property with closure statement
and total acreage. The exterior boundary of the PUD final plat and boundaries of all
lots and outlots shall have a closure accuracy of one -hundredth (0.01) foot.
b. A land use table that details the total number and total acreage of lots, outlots, and
blocks, total acreage of road rights -of -way, total number of dwelling units for
residential lots, dwelling unit density per acre, floor area ratio for commercial or
industrial lots, and total acreage of each different land use area.
c. Blocks numbers shall be shown and labeled in ascending numerical order beginning
with "Block 1." Lot numbers in each block shall be shown and labeled in ascending
numerical order beginning with "Lot 1." Outlots shall be shown and labeled
alphabetically starting with "Outlot A." All lots and outlots shall be labeled with their
areas in square feet and acreage to the nearest one -hundredth (0.01) of an acre, or
a table with areas shall be provided.
d. Transportation. The transportation network, internal connectivity, and external
connections to existing, publicly maintained roads shall be shown and labeled,
including, but not limited to, the location, names, widths, and centerlines of all
existing and proposed rights -of -way. For existing rights -of -way, the physical location
of the road and right-of-way creation documentation shall be included. Road rights -
of -way shall be dedicated to the public in accordance with Section 24-3-160 of
Chapter 24. Sidewalks, curbs, and gutters within with the PUD shall be shown on a
typical cross-section on the plat.
17. Utility plan with list of utility service providers and their contact information.
18. Existing site conditions map. Show and label the physical characteristics and natural site
constraints of the property and existing on -site structures, oil and gas facilities, irrigation
equipment, ditches, or laterals, utility lines, natural gas pipelines, overhead lines,
railroads, etc.
19. Site improvements plan. Show and label the anticipated amenities, including, but not
limited to, mailbox pedestals, development identification signs, bus stop shelters, parks,
common open space, and conservation areas, if any. For all improvements to be
managed by the owners association, include an installation schedule.
20. Landscape plan prepared according to Section 24-4-330 of Chapter 24 for common
areas.
21. Mineral estate interest contact information and written certification required by Section
24-65.5-103.3, C.R.S., if applicable and if not previously provided with the PUD zoning
plat. Such certification may be submitted on or before the date of the initial public hearing
referred to in Section 24-65.5-103(1); C.R.S.
22. An agreement with the school district for land dedication or cash -in -lieu payment that
satisfies the requirements in Sections 30-28-133 (4)(a) and (4.3), C.R.S. A copy of the
executed agreement or receipt for paid cash -in -lieu will be required as a condition of
approval.
23. Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to be adopted for the
PUD.
24. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the
surrounding property owners within five hundred (500) feet of the subject property. The
buffer report shall be prepared no more than thirty (30) days prior to submittal.
25. A title product, sometimes referred to as a "preliminary title report" or an "informational
commitment," issued by a title insurance agency, agent, or company registered with the
state, that includes a legal description and date of the report (typically on "Schedule A")
and a list of exceptions (typically on "Schedule B" or "Schedule B-2").The title product
shall be dated no more than thirty (30) days prior to submittal.
26. A signed Statement of Taxes from the County Treasurer showing no delinquent property
taxes for the subject property. The Statement shall be from the previous tax year.
27. Application fee.
28. Any other items deemed necessary by Weld County staff.
ARTICLE II - Amendments to Existing PUDs
Sec. 27-2-10. Overview of PUD amendments.
A. 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.
B. The proposed amendment shall maintain compatibility within the PUD and to adjacent surrounding
uses, as determined by the Board of County Commissioners.
C. The proposed amendment shall not create or increase any nonconformity.
D. Any change to the allowed uses or setbacks within a PUD requires the signatures of all owners of
property within the PUD on the application or authorization form for the amendment and, if approved,
all owners must sign an affidavit on a form provided by staff acknowledging the allowed uses or
setbacks. The affidavit and Board's resolution will be recorded by the Department Planning Services at
the expense of the applicant.
E. Any change to a recorded PUD final plat requires a survey and new PUD final plat showing the
amendment anc 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.
F. Platted PUD lots may not be further subdivided.
G. 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.
H. The exterior boundaries of a PUD shall not be changed by any amendment.
I. 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 this Code, by following the process in Division 1, Article II, Chapter 23. Approval 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. Otherwise, it would be treated as a Major Subdivision. Amendments
to such final plats would follow the resubdivision process in Article IX of Chapter 24 of this Code.
J. 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 this
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.
K. Criteria for approval. The PUD amendment must:
1. Maintain compatibility within the PUD and to adjacent surrounding uses.
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.
3. Address to the satisfaction of the Board of County Commissioners the requests and concerns of
any referral agency or mineral interest.
4. Comply with the standards detailed in this Section 27-2-10, Article III of this Chapter, and Article
III, Chapter 24 of this Code.
5. Be consistent with the*efficient development and 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.
7. Not be granted solely to confer a special benefit upon any person.
Sec. 27-2-20. Amendments to PUD zoning.
A. Prior to submitting an application, the applicant or applicant's representative shall submit a
Pre -Application Request Form and meet with the Department of Planning Services to discuss
the proposal. Following the Pre -Application meeting, the applicant may submit a complete
application electronically.
B. Submittal requirements. The following application items are required:
1. Application Form.
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity,
including Statement/Delegation of Authority documentation for the person authorized to
sign on the corporation's behalf, or trustee documents if the owner is a trust.
5. Questionnaire as required in the application packet.
6. A signed buffer report and affidavit of the names, addresses and parcel numbers of the
surrounding property owners within five hundred (500) feet of the PUD. The buffer report
shall expire thirty (30) days from preparation.
7 A signed Statement of Taxes from the County Treasurer showing no delinquent property
taxes for all property within the PUD. The Statement shall be from the current tax year.
8 Any other item(s) deemed necessary by the Departments of Planning Services, Public
Works, or Public Health and Environment, Environmental Health Services Division.
9 A written description of the uses to be allowed within the PUD or the change in required
setbacks. The description may reference uses permitted within zone districts described
in Article III of Chapter 23 of this code. If approved, such uses shall be considered uses
by right. Certain uses may require subsequent submittal and approval of a Site Plan
Review as described in Section 23-2-150.B of this Code.
10. Application fee.
C. Procedure. The application shall be processed according to the following procedure:
1. The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application. Upon determination that the
application is complete, the application fee shall be paid.
2 Once the application is deemed complete and the fee paid, the Department of Planning
Services shall send the application to relevant referral agencies for review and comment
as the Planner deems necessary. A list of referral agencies is located in Appendix 23-G
of the Weld County Code. The failure of any agency to respond within twenty-one (21)
days may be deemed a response with no concerns. All referral agency review comments
are considered recommendations to the County. The authority and responsibility for
approval or denial of the application rests with the County.
3 The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete
application. The Staff Report shall contain a recommendation for approval or denial. The
Staff Report shall address all aspects of the application, including, but not limited to,
referral agency comments and the regulations contained in the Weld County Code.
4 The Department of Planning Services shall coordinate with the Clerk to the Board's office
to schedule a hearing before the Board of County Commissioners.
5. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and
surrounding property owner notification shall be required, as follows:
a. Planning staff shall post a sign with case information on the subject property. The
sign shall be posted adjacent to, and visible from, a publicly maintained road right-
of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted in the most prominent
place on the property and a second sign shall be posted where a driveway (access
drive) intersects a publicly maintained road right-of-way. Planning staff shall certify
that the sign has been posted the fifteen (15) days preceding the hearing date,
evidenced with an affidavit and photograph.
b. The Clerk to the Board shall arrange for legal notice of the Board of County
Commissioners meeting to be published in the newspaper designated by the Board
for publication of notices. The date of publication shall be at least fifteen (15) days
prior to the hearing.
c. The Clerk to the Board shall give notice of the application and the public hearing
date to those persons listed in the application as owners of property located within
five hundred (500) feet of the PUD. Such notification shall be mailed, first-class, not
less than fifteen (15) days before the scheduled public hearing. Inadvertent errors
by the applicant or the Department of Planning Services in supplying such list, or
the Clerk to the Board in sending such notice, shall not create a jurisdictional defect
in the hearing process, even if such error results in the failure of a surrounding
property owner to receive such notification.
6 The Board of County Commissioners shall consider the application and take final action
thereon. The Board of County Commissioners' decision shall consider the
recommendation of the Planning staff, referral agency responses, the application case
file, and facts presented at the public hearing. The Board of County Commissioners shall
approve the application unless it finds that the applicant has not met one (1) or more
applicable requirements of this Chapter.
7 If approved, the Planner shall provide the applicant the affidavit acknowledging the
allowed uses or amended setbacks. The affidavit must be signed by all owners of
property within the PUD as of the date of approval and returned to the Planner for
recording, along with the recording fee. The amendment shall not take effect until the
affidavit is recorded by the Department of Planning Services. The Board resolution shall
be recorded as well.
8 If the completed affidavit has not been submitted to the Planner within sixty (60) days of
the date of approval, the application may be forwarded to the Board of County
Commissioners for reconsideration. The applicant 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.
Sec. 27-2-30. Amendments to PUD final plans and final plats.
A. Prior to submitting an application, the applicant shall submit a Pre -Application Request Form and meet
with the Department of Planning Services to discuss the proposal.
B. Following the Pre -Application meeting, the applicant may submit a complete applicatioi electronically.
The following application items are required:
1. Application Form.
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the
corporation's behalf, or trustee documents if the owner is a trust.
5. Questionnaire as required in the application packet.
6. A draft final plat prepared according to the plat requirements per Section 24-2-70 of Chapter 24
unless the amendment is for the sole purpose of removing building envelopes or septic
envelopes.
7 A signed buffer report and affidavit of the names, addresses and parcel numbers of the
surrounding property owners within five hundred (500) feet of the property. The buffer report shall
expire thirty (30) days from preparation.
8 A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes
for the subject property. The Statement shall be from the current tax year.
9
Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or
Public Health and Environment, Environmental Health Services Division.
10. Application fee.
C. Procedure. The application shall be processed according to the following procedure:
1. The Planner shall have the responsibility of ensuring that all application submittal requirements
are met prior to processing the application. Upon determination that the application is complete,
the application fee shall be paid.
Once the application is deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner
deems necessary. A list of referral agencies is located in Appendix 23-G of the Weld County
Code. The failure of any agency to respond within twenty-one (21) days may be deemed a
response with no concerns. All referral agency review comments are considered
recommendations to the County. The authority and responsibility for approval or denial of the
application rests with the County.
3 The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application.
The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall
address all aspects of the application.. including. but not limited to, referral agency comments and
the regulations contained in the Weld County Code.
4. The Department of Planning Services shall coordinate with the Clerk to the Board's office to
schedule a hearing before the Board of County Commissioners.
5. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and
surrounding property owner notification shall be required, as follows:
a. Planning staff shall post a sign with case information on the subject property. The sign shall
be posted adjacent to, and visible from, a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way,
one (1) sign shall be posted in the most prominent place on the property and a second sign
shall be posted where a driveway (access drive) intersects a publicly maintained road right-
of-way. Planning staff shall certify that the sign has been posted the fifteen (15) days
preceding the hearing date, evidenced with an affidavit and photograph.
b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners
meeting to be published in the newspaper designated by the Board for publication of notices.
The date of publication shall be at least fifteen (15) days prior to the hearing.
c. The Clerk to the Board shall give notice of the application and the public hearing date to
owners of property within the PUD who are not the applicants and to those persons listed in
the application as owners of property located within five hundred (500) feet of the subject
property. Such notification shall be mailed, first-class, not less than fifteen (15) days before
the scheduled public hearing. Inadvertent errors by the applicant or the Department of
Planning Services in supplying such list, or the Clerk to the Board in sending such notice,
shall not create a jurisdictional defect in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such notification.
6. The Board of County Commissioners shall consider the application and take final action thereon.
The Board of County Commissioners' decision shall consider the recommendation of the
Planning staff, referral agency responses, the application case file, and facts presented at the
public hearing. The Board of County Commissioners shall approve the application unless it finds
that the applicant has not met one (1) or more applicable requirements of this Chapter.
7 If approved, and upon completion of the conditions of approval and acceptance of the plat by the
Planner, the plat may be submitted for recording with the recording fee to the Planner. 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, rescinc the approval.
The foregoing notwithstanding, where the amendment is for the sole purpose of removing
building envelopes or septic envelopes. no plat shall be required and the Board resolution shall
/0
be recorded with the Clerk and Recorder's reception number and date of recording for the original
plat.
Sec. 27-2-40. Correction.
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-
51-111(2), C.R.S., a surveyor may record a new plat for the affected property that references the original
plat and shows the correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled.
C. An error or omission ascertainable from the data shown on the recorded plat or parcel
described.
D. An error within a parcel description shown on the recorded plat.
All other changes shall require an amendment as described in Section 27-2-20 and/or Section
27-2-30 of this Chapter.
Article III - Standards for all PUDs
Sec. 27-3-10. Standards for all PUDs.
Unless stated otherwise on a PUD final plat, zoning plat, or resolution:
A. Properties in PUDs shall comply with applicable provisions of the Weld County Code, including, but not
limited to, Articles II and III of Chapter 24, applicable provisions of Chapter 23, including, but not limited
to, regulations on parking, signage, floodplains, and minimum distance from oil and gas facilities, and
Chapters 29 and 30.
B. Outlots: No new buildings are allowed on outlots. Other structures that are not fully enclosed, including,
but not limited to, loafing sheds, may be permitted on outlots where the PUD allows for agricultural
uses. Fences, parking lots, trails, bus stop shelters, and the like may be permitted on outlots.
Underground and overhead utility lines may be permitted on outlots provided a Use by Special Review
or 1041 Permit is not required. The use of existing buildings on outlots shall not be altered or enlarged,
except in accordance with the recorded PUD.
C. An owners association is required and shall be managed by the property owners within the PUD.
1. All outlots shall be owned by the owners association in perpetuity. The owners association shall
maintain in perpetuity all outlots and all landscaping outside of buildable lots in a neat. clean, and
healthy condition, including removal of litter and weeds, mowing, fertilizing, watering, proper
pruning, and replacement of diseased and/or dead plants within one (1) calendar year or within
the next growing season, whichever comes first.
2. All internal road rights -of -ways shall be maintained by the owners association in perpetuity.
D. Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter
23 of this Code, compliance with the bulk standards for the corresponding zone district is required. (For
example, where a PUD zoning plat says Estate zone uses are allowed, compliance with Section 23-3-
440 is required.) Where a PUD refers to multiple zone districts, the more restrictive bulk standards shall
a
pply
E. Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter
23, the uses allowed in the PUD shall be those uses allowed by right and accessory uses in the zone
district(s) referred to, as listed and defined in Chapter 23. Uses by special review and uses by zoning
permit are not allowed in PUDs, unless the PUD zoning plat specifically allows them. Certain uses may
require subsequent submittal and approval of a Site Plan Review as described in Section 23-2-150.B
of this Code.
I%
F. Where a PUD lists uses that are allowed in the PUD, but does not define them, the definitions in Chapter
23 may be used, or, if not defined in Chapter 23, Planning staff may use a dictionary or a common
industry definition.
Summary of the Weld County Planning Commission Meeting
Tuesday, November 7, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair
Elijah Hatch, at 1 30 p m
Roll Call
Present Elijah Hatch, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan, Barney
Hammond
Absent Skip Holland, Butch White, Virginia Guderjahn
Also Present Kim Ogle, Diana Aungst, Maxwell Nader, and Tom Parko, Department of Planning Services,
Lauren Light, Department of Health, Karin McDougal and Bruce Barker, County Attorney, and Kris
Ranslem, Secretary
Motion Approve the October 3, 2023 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Barney Hammond Motion passed unanimously
The Chair announced that we need to make some amendments to the Agenda Item 5 is being requested
to be withdrawn and not continued, therefore, Item 5 needs to be changed to "Item to be Withdrawn"
Additionally, Item 6 G will be moving after 6 D
Motion Amend Agenda as suggested, Moved by Pamela Edens, Seconded by Michael Palizzi Motion
carried unanimously
Case Number
Applicant
Planner
Request
Legal Description
Location
MET23-0001
Anadarko E&P Onshore, LLC, c/o Kiteley Ranch Metropolitan District
Maxwell Nader
Amended and Restated Service Plan for Kiteley Ranch Metropolitan District,
Lot B Recorded Exemption RE -843, being part of the NW1/4 of Section 27,
Township 3 North, Range 68 West of the 6th P M , Weld County, Colorado
South of and adjacent to Highway 66, east of and adjacent to County Road 7
Max Nader, Planning Services, presented Case MET23-0001, reading the recommendation and comments
into the record The Department of Planning Services recommends approval of this application
Jennifer Ivey, Icenogle Seaver Pogue, Legal Counsel for Kiteley Ranch Metropolitan District, 4725 South
Monaco Street, Denver, Colorado Ms Ivey stated that this is an existing Metropolitan District formed in
2006 and they are requesting to bring that service plan up to current standards She added that the current
service plan debt limitations are not adequate to cover the increased costs Ms Ivey stated that there will
be no changes to the debt mill levy cap and no changes to the aggregate mill levy cap There will be an
addition of a Special Improvement District to finance public improvements
Commissioner Hammond asked what school district this site is located in Mr Nader said it is located in
the St Vrain School District
Motion Forward Case MET23-0001 to the Board of County Commissioners along with the Planning
Commission's referral of support, Moved by Barry Hammond, Seconded by Pamela Edens
Vote• Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Presented by
Request
Ordinance 2023-17
Tom Parko
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code (Subdivisions)
1
Tom Parko, Planning Services, stated that Ordinance 2023-17 and Ordinance2023-18 deal with Chapters
23 and 24 which are primarily zoning and subdivisions as well as Chapter 27 planned unit developments
Staff is requesting to withdraw Ordinance 2023-17 He added that this Ordinance and Ordinance 2023-18
which follows this case on the agenda were designed to run in tandem with each other
Mr Parko provided a brief summary of how the work began on reviewing the Weld County Code and the
proposed code changes relating to planned unit developments He said that Staff started looking at ways
to replace the Planned Unit Development (PUD) process over the course of several months and concluded
that replacing the PUD with a Major Subdivision process could still provide flexibility for developers while
streamlining the process Therefore, Staff worked to run two (2) parallel ordinances with the first one to
remove Chapter 27 Planned Unit Developments and the other ordinance to create its replacement As a
result from worksessions, several County Commissioners voiced their concerns about residential
development in the county and they wished to have additional time to consider the code changes Mr
Parko stated that he was given direction from the majority of the County Commissioners to move forward
with Ordinance 2023-18 but to hold off on Ordinance 2023-17 The reason for the withdrawal is to have
further conversations with the County Commissioners about development in general and what the county's
vision is for the future
Mr Parko requested that Ordinance 2023-17 be withdrawn and a new Ordinance can be drafted and be
brought back to the Planning Commission at a future date to be determined
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Arthur Elmquist, 428 Mountain Avenue, Berthoud, Colorado, stated that he has been working on a project
called Andy's Enchanted Village and added that he has met with Mr Parko to give preliminary vision of
what this project is about Mr Elmquist said that he does not believe the proposed code changes are in
the best interest of Weld County and it would preclude this project from moving forward
Commissioner Wailes clarified that it seemed Mr Elmquist was speaking to Ordinance 2023-18 and not
Ordinance 2023-17 Mr Elmquist thanked the Planning Commission for the time
Motion Accept Withdrawal of Ordinance 2023-17, Moved by Michael Wailes, Seconded by Michael
Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Presented by
Request
Ordinance 2023-18
Tom Parko
In the Matter of Repealing and Reenacting with Amendments, Chapter 27 Planned
Unit Development of the Weld County Code (Planned Unit Developments)
Tom Parko, Planning Services, presented Ordinance 2023-18 and provided a brief summary of the
proposed code changes relating to planned unit developments Mr Parko stated that this change would
remove the option to apply for any new planned unit development However, there would still be procedures
in place to deal with existing planned unit developments Mr Parko stated that the County has an existing
PUD known as Pelican Lakes Ranch, which was approved in the 1980s He said that they are moving
forward with a number of future filings in that PUD and added that there is a provision included in this
proposed code change that would accommodate Pelican Lakes Ranch so they can move forward with their
future filings Additionally, the applicants have been working with staff for the better part of a year on those
new filings
Mr Parko stated that six (6) letters were received of concern pertaining to this particular Ordinance The
Department of Planning Services recommends approval of Ordinance 2023-18
Commissioner Morgan asked that since these ordinances worked in tandem and by not moving forward
with Ordinance 2023-17 if there is a hole that will be left in the thought process Mr Parko said that the
Major Subdivision process was built into Ordinance 2023-17 to replace the Planned Unit Development
process however, we will still have Minor Subdivisions, Family Farm Divisions in the County Code Ms
Morgan replied that it seems that is a big problem
2
Commission Hatch asked how this would affect something like Andy's Enchanted Village Mr Parko said
that he met with the applicants and noted that they have not submitted an application yet He added that
there is potentially an option that they could develop through the county by going through a subdivision of
sorts but it wouldn't be any more than nine (9) lots Mr Hatch clarified that there is not an option per Code
to allow that project Mr Parko replied with this change that is correct
Commissioner Hatch referred to the accommodations of Pelican Lakes Ranch and said that there was a
gentleman that came in previously at a hearing that had the same situation and wanted to make a change
but because of these proposed code changes he was not going to be allowed to Mr Hatch asked why we
wouldn't allow everybody that was in process instead of only Pelican Lakes Mr Parko said that gentleman
had not submitted an actual application to the county He added that they are trying to honor those that
have already been through the process
Commissioner Palizzi asked to clarify how many PUDs are in the application process now Max Nader,
Planning Services, stated that there are many PUDs at various stages He added that there are currently
four PUDs at the final plan stage and 10 that have gone through the PUD zoning 10 years ago and haven't
proceeded any further Mr Palizzi asked if those become null and void Mr Nader said that the applications
that are in process are allowed to move forward
Commissioner Hatch referred to the comment of being given direction by the Board of County
Commissioners to move forward with Ordinance 2023-18 and asked Mr Parko how he feels about moving
forward with this Ordinance Mr Parko said that he has worked with the County for 13 years and believes
in providing options for residents to develop but also tries to follow the County Comprehensive Plan and to
accommodate that development He agreed that in areas where it makes sense there should be a process,
but at the same time having those broader conversations with the County Commissioners and that collective
visioning session is really important
Commissioner Wailes asked where the County becomes vulnerable because we are moving forward in this
fashion and if we are putting the County at risk Mr Parko said that he doesn't believe it is putting anyone
at risk
Commissioner Palizzi said that we received several letters today from developers and other stakeholders
and asked if there was a reason there wasn't any discussions with them Mr Parko said there were some
developers that they had asked to review the draft proposed code changes, however, they did not hold a
broader stakeholder group meeting He added that the County Commissioners did discuss holding
meetings and have discussions with stakeholders Commissioner Hammond asked when those meetings
might be Mr Parko said this is going before the County Commissioners on December 4th but it is a three -
reading process so not sure but there are no confirmed dates Mr Hammond expressed concern regarding
the timing for people to weigh in on it and added that he doesn't disagree with the changes but that he is
not comfortable with moving this forward as people need to voice their opinion Commissioner Edens
disagrees with it and added that if you are taking away something you have to have another option in place
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Lori Same, Weld County Commissioner District 3, 235 Stonehaven Street Circle, Dacono, Colorado,
suggested a continuance of Ordinance 2023-18 Ms Saine expressed concern of the way that these
proposed Ordinances were handled and added that these Ordinances should be considered together and
not a part She requested a continuance for a better stakeholder process
Commissioner Wailes clarified if Ms Saine is requesting a continuance or a recommendation to the County
Commissioners Ms Saine said that she suggested a continuance to consider those chapters together,
however, if there is a recommendation by the Planning Commission then that is their power to do so
Kann McDougal, County Attorney, stated that the Planning Commission doesn't have the authority to
continue this Ordinance because it is a legislative issue so it needs to be a recommendation for approval
or denial
3
Commissioner Hammond said that we should have more public comment and worksessions He is very
concerned with doing this too fast and added that it affects too many people
Kelsey Bruxvoort, AgProfessionals, 3050 67th Avenue, Greeley, Colorado, concurred with the comments
that this is moving too fast and added that it should be considered at the same time as Chapters 23 and
24 By removing major developments, she believes it is risky in her opinion
Nathan Batchelder, Broe Real Estate Group, 1137 Bannock Street, Denver, Colorado, stated that they
agree with everything that has been said and added that they have serious concerns about the revisions
and potential elimination of the PUDs He requested additional outreach to the building industry and other
property owners across the county
Don Summers, 14731 Akron Street, Brighton, Colorado, stated that he is the General Manager of Todd
Creek Village Metropolitan District, which is a water and sewer provider in Adams and southern Weld
County Mr Summers said that if there is no avenue to plan for development anywhere except for inside
the city, your water planning can only happen inside the city He would like to see Weld County rethink this
in a long term, realistic and well thought out planning focus
Matt Engel, Westside Property Investment Company, 4100 East Mississippi Avenue, Denver, Colorado,
stated that this just happened too quickly and added that they are a large land owner in the County and
would like to bring mixed use projects to the County He added that they would like to have the chance to
show the County what they can do and with these changes they wouldn't have that ability
Kelly Schram, Northern Colorado Home Builders Association, 1907 Boise Ave, Loveland, stated that they
represent over 300 members Mr Schram stated that he feels it is important to have dialogue with
stakeholders on how this would negatively or positively impact Weld County
Arthur Elmquist, 428 Mountain Avenue, Berthoud, Colorado, echoed the comments from public testimony
and encourages opportunities to have further conversation of the best ways of how Weld County should
handle PUD type applications
The Chair asked Staff if they had anything further to add Mr Parko replied no
Motion Forward Ordinance 2023-18 to the Board of County Commissioners along with the Planning
Commission's recommendation of denial, Moved by Pamela Edens, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Commissioner Wailes said that it is not often that he would vote against Staff's recommendation on code
changes, but he just doesn't feel right about the process He said that in thinking of his findings for denial
he doesn't have any because he doesn't have any findings for approval either
Commissioner Hatch said that he agrees with Commissioner Wailes, unfortunately he doesn't have the
information for either approval or denial
The Chair called a recess at 2 49 p m and reconvened the hearing at 2 57 p m
Case Number
Applicant
Planner
Request
Legal Description
Location
USR23-0037
Cervi Enterprises, Inc , c/o Kerr-McGee Oil & Gas Onshore, LP
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (storage area for parts for drilling rigs, drilling iron pipe
and fittings, poly pipe and fittings, two (2) parts trailers and rig mats, light plant
trailers and general oil and gas equipment supplies) in the A (Agricultural) Zone
District
All of Section 22, Township 4 North, Range 63 West of the 6. P M , Weld County,
Colorado
Approximately 1 4 miles south of the intersection of U S Highway 34 and County
Road 69 The site will access onto U S Highway 34, via a private access
4
Max Nader, Planning Services, presented Case USR23-0037, reading the recommendation and comments
into the record Mr Nader noted that there were no responses received from surrounding property owners
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Matt Wells, Kerr McGee Oil and Gas, 1099 18th Street, Denver, Colorado, stated that this application is for
a laydown yard on 17 acres This laydown yard will support their Bronco Comprehensive Development Oil
,and Gas project which is nine (9) facilities and 141 wells on the Cervi Ranch They will be staging
equipment on this site
Commissioner Hatch asked what the expected life of the laydown yard is Mr Wells said that the facilities
;will be built over the next several years and this will help support the life of these wells He added that this
laydown yard will be there for the life of the facilities
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0037 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Barney Hammond, Seconded by Shana Morgan
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Applicant
Planner
Request
Legal Description
Location
1MJUSR23-22-0027
U S R23-22-0027
CBEP Land 2, LLC, do CBEP Solar 9, LLC and ECA CO Lead
Kim Ogle
A Site Specific Development Plan and Use by Amended Special Review Permit
for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District
Part of the E1/2 NW1/4 and part of the W1/2 E1/2 SW1/4 of Section 34, Township
6 North, Range 65 West of the 6th P M Weld County, Colorado
South of and adjacent to County Road 64, approximately 1320 feet east of County
Road 43 ,
Kim Ogle, Planning Services, presented Case 1 MJUSR23-22-0027, reading the recommendation and
comments into the record Mr Ogle noted that one (1) telephone call was received from a surrounding
property owner about the proposed facility and no other written correspondence was received The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Brysen Daughton, Cloudbreak Energy, 300 East Canyon Street, Lafayette, Colorado, stated that this project
is for an expansion to an existing solar facility He added that is a 36 -acre community solar project which
will start in 2024 with completion into early 2025 The expected life of the solar facility is 20 to 35 years
Mr Daughton stated that sheep are expected to graze on the property a few times per year to maintain the
vegetation
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
5
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case 1 MJUSR23-22-0027 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Applicant
Planner
Request
Legal Description
Location
USR23-0027
Phyllis Burkgren, c/o USS South Platte Solar, LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
W1/2 SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P M , Weld
County, Colorado
South of and adjacent to County Road 394, approximately 0 5 miles east of County
Road 35
Diana Aungst, Planning Services, presented Case USR23-0027, reading the recommendation and
comments into the record Ms Aungst noted that there were no letters received in opposition from
surrounding property owners The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards
Commissioner Hammond asked which entrance will be the access to the site Ms Aungst said that they
will be using the east side access and added that the entrance with the cattle guards is for an oil and gas
facility access
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Luke Gildemeister, US Solar, LLC, 2604 Highland View Lane, Burnsville, Minnesota, stated that they are
proposing a 3 625 megawatt solar facility on approximately 19 7 acres Mr Gildemeister noted that the
proposed solar facility is not located within 500 feet of any residences The expected life of this solar facility
is 20 to 30 years
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Shana Morgan
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Commissioner Hammond expressed concern about approving these prior to an access agreement in place
He added that he has concerns that because it is crossing a ditch and it hasn't been approved
Case Number USR23-0028
Applicant Leslie Matson, do USS Auburn Solar, LLC
Planner Diana Aungst
Request A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
Legal Description Lot B Recorded Exemption RECX17-0143, being part of the NW1/4 of Section 35,
Township 5 North, Range 65 West of the 6th P M , Weld County, Colorado
6
Location South of and adjacent to County Road 52, East of and adjacent to County Road
45
Diana Aungst, Planning Services, presented Case USR23-0028, reading the recommendation and
comments into the record Mr Aungst noted that there were three (3) letters received in opposition with
concerns relating to aesthetics, diminished property values, weeds, increase in traffic, incompatibility with
residential and agricultural uses, disturbance to wildlife and personal safety and security with relation to
high-powered lines The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Luke Gildemeister, US Solar, LLC, 2604 Highland View Lane, Burnsville, Minnesota, stated that the project
is for a 5 megawatt solar facility on approximately 27 9 acres Mr Gildemeister noted that there is one (1)
residence within 500 feet of the facility and added that they have been in active communication with the
landowners and will continue to do all that they can to ensure that those landowners are happy with the
proposed project The expected life of the solar facility is 20 to 30 years
Commissioner Hammond asked if there is a reason why it cannot be moved further to the west Mr
Gildemeister said that this proposed layout allows Mr Matson to keep as much of the irrigation as possible
Mr Hammond expressed concern of the proximity to the Lower Latham Ditch and would like to see it moved
farther north and west Mr Gildemeister said that they have been in active communication with the Lower
Latham Reservoir Company and added that they will be a good neighbor
Commissioner Palizzi referred to the reservoir concerns over easements and asked if those concerns have
been resolved Mr Gildemeister said that they are in active conversations with the attorney for the Lower
Latham Reservoir Company and if they are not able to gain access with Lower Latham this project will not
move forward
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Les Matson, 6929 Poudre River Road, Greeley, Colorado, stated that this would give him an opportunity to
reduce the amount of water that he uses because he has to pay for augmentation water to irrigate the farm
He added that this is also a good use to create electricity for the community and good use of the property
Michael Cruz, 25252 CR 45, Greeley, said that Weld County is the largest producer in the State for oil and
gas and added that now it will be the largest producer for solar He expressed concern regarding the impact
on agriculture
Sharlene Loose, 22035 CR 52, Greeley, Colorado, stated that she would like to keep the country living and
agricultural lifestyle She said that she appreciates the proposed dust mitigation and added that she would
like to see mag chloride placed on Fern Avenue
David Watts, US Solar, LLC, said that we all do need electricity so it is an impossible situation no matter
where the project is located He added that they are connecting to the distribution grid that exists there
today Mr Watts stated that there is no noticeable traffic, noise, odor, dust or vibrations from the facility
after construction is completed He added that they are happy to add mag chloride to help with dust
mitigation Mr Watts said that by locating the facility to the south it helps to mitigate the concerns of the
neighbors that this project is close to
The Chair asked Staff if they had any changes to the Resolution Ms Aungst referred to the comments of
Fern Avenue and wished to clarity that it really isn't Fern Avenue and added it is closely related to a ditch
riders road and it is more than likely outside of the Lower Latham Reservoir's easement She added that
that they did include a condition of approval that the applicant work with Lower Latham Reservoir if in fact
this particular road is within their jurisdiction
7
Commissioner Edens asked whose road it would be if not the ditch company Ms Aungst stated that it
would be a private road on Mr Matson's property and clarified that it would be his access road down to the
building on the southeast part of his property
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0028 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion passed (summary Yes = 5, No = 1, Abstain = 0)
Yes Elgah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
No Barney Hammond
Commissioner Hammond said that he is sympathetic to the landowner and their property rights However,
he is still concerned with the location and the way it is shaped in there and would like to see the engineering
done different so it is farther away from the ditch
Case Number PUDF23-0002
Applicant Amanda, Brandon, Lisa and Monah Nguyen
Planner Maxwell Nader
Request A Site Specific Development Plan and Planned Unit Development Final Plan for
six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable
outlot with A (Agricultural) Zone District uses
Legal Description Lot D Recorded Exemption RECX20-0040, being part of the S1/2 N1/2 of Section
33, Township 1 North, Range 66 West of the 6th P M , Weld County, Colorado
Location West of and adjacent to County Road 31, approximately 0 5 miles north of County
Road 2
Maxwell Nader, Planning Services, presented Case PUDF23-0002, reading the recommendation and
comments into the record Mr Nader noted that there were three (3) letters received from surrounding
property owners with concerns of traffic and the potential of more water wells that would bring to the local
and geological water conditions The Department of Planning Services recommends approval of this
application along with conditions of approval
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control
Commissioner Hatch asked if the City of Brighton is contesting anything with the access Mr Nader said
that Brighton did not respond to the referral, however, Staff has reached out to Brighton multiple times He
added that there are conditions in place to finalize the access permit
Lisa and Brandon Nguyen, 503 CR 31, Brighton, Colorado Mr Nguyen said that the goal of this application
is to split 20 acres into six (6) acres consisting of five (5) houses being built for their family The purpose is
to continue farming their 100 -acre outlot With the approval of this application, it would give them the ability
to have the family operate a family farm with livestock
Mrs Nguyen stated that she spoke to Brighton and did recently complete an access permit application Ms
Nguyen stated that they were told when they tried applying for the access permit at different stages of the
process to wait because the access permit application would expire prior to the final approval
The Chair asked if there was anyone in the audience who wished to speak for or against this application
C Vincent Phelps, 13577 CR 2, Brighton, Colorado, stated that he is the Trustee of the land to the west
He added that the land to the west and the land that the Nguyens own was once owned by one property
owner and the previous owner had put in three (3) reservoirs for flood control and irngation He added that
the drainage went into those reservoirs and irrigated his property Mr Phelps expressed concern that the
development would adversely affect the flow of water into those reservoirs and would like to have the
Nguyens agree that the development will not affect the reservoirs
8
Mr Nguyen stated that they have no intention of stopping that water flow and added that the six (6) lots are
north of the Brighton Lateral Ditch and that flow should not be interrupted Mr Nguyen said that the PUD
process protects that 100 -acre outlot for 40 years so it will be farmed guaranteed
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case PUDF23-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Shana Morgan,
Seconded by Michael Wailes
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
Case Number
Applicant
Planner
Request
Legal Description
Location
COZ23-0004
Fritzler Real Estate, LLC
Chris Gathman
Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial)
Zone District
Lot C Corrected Recorded Exemption RE -3966, being part of the N1/2 of Section
22, Township 4 North, Range 66 West of the 6. P M , Weld County, Colorado
South of and adjacent to County Road 44, west of and adjacent to County Road
33
Max Nader, Planning Services, presented Case COZ23-0004, reading the recommendation and comments
into the record The Department of Planning Services recommends approval of this application along with
conditions of approval
Commissioner Hatch referred to County Road 44 and the Highway 85 interchange and asked how this
affects the property Melissa King, Development Review, stated that the access point is south of the project
and it's a shared access road onto County Road 33 At the time of the application it was not paved but the
County has paved it subsequently so the traffic will go up to Highway 85 and it should not affect Highway
85 She added that they have contacted CDOT and they do not have any concerns
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements
Madison Jurewicz, 380 Interlocken Crescent, Broomfield, Colorado, stated that the lot is currently zoned
agricultural and they are requesting to change it to I-1 Light Industrial They feel this is appropriate because
it is located in the opportunity zone and added that there are commercial and industrial uses surrounding
this site
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Frank Eckhardt, 21454 CR 33, LaSalle, Colorado, stated that four (4) years ago when the hemp was
approved for this property, he was on the Western Mutual Ditch Company Board and added that they had
an agreement to have a pond because all the water goes into their ditch and when it rains there is a problem
downstream He added that they have had to fix the banks a couple of times because they can't get it
stopped Mr Eckhardt asked what the land will be used for and will it have gravel or other sources to keep
the water from going off the property so fast
The Chair explained that this application is to change the zone of the property to I-1 Light Industrial so at
this time we don't know what the future use of the property will be The applicant will need to submit an
application fora Site Plan Review that will be for the specific use of the property and added that the applicant
will need to meet certain criteria before the County will approve that Site Plan Review with their project Mr
Nader added that there is a condition of approval included in the Resolution that the applicant will need to
work with the Western Mutual Ditch Company
William Walters, 16046 CR 44, LaSalle Colorado, expressed concern that since County Road 33 is paved
that there will be more heavy traffic
9
Ms Jurewicz stated that the use of the property has not been identified yet but as noted they would have
to go through a Site Plan Review process which would identify any storm water requirements, fencing,
noise analysis, and any traffic concerns
Trevor Fritzler 1495 South Sunfield Drive, Milliken, Colorado, stated that they plan to live close to this
property and added that they do not intend to put anything on site that would hinder their quality of life He
said they want to be good neighbors Mr Fritzler said that they have also been shareholders of the Western
Mutual Ditch Company and they do not want to damage the ditch that they draw water from for their fields
so they are cognizant of the water flows
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ23-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
Meeting adjourned at 6 01 p m
Respectfully submitted,
Kristine Ranslem
Secretary
10
Ch. 27 draft update 10/16/23 ws
CHAPTER 27 - Planned Unit Development
ARTICLE I — General Provisions
Sec. 27-1-10. Definitions.
Italicized words and phrases in this chapter shall have the meanings stated in Section 24-1-40,
Definitions, of Chapter 24 of this Code.
Sec. 27-1-20. Enforcement.
A. The County, through its Department of Planning Services or other departments so authorized, may
enforce this Chapter and the regulations found on Planned Unit Development (PUD) plats and
approving resolutions through methods included in Article X of Chapter 23 of this Code or through
other methods adopted by the Board of County Commissioners.
B. Any subdivider, or agent of a subdivider, who transfers, sells, agrees to sell or offers to sell any
subdivided land before a final plat for such subdivided land has been approved by the Board of County
Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of
a misdemeanor and shall be subject by a fine of not more than one thousand dollars ($1,000.00) nor
less than five hundred dollars ($500.00) for each parcel or interest in subdivided land which is sold or
offered for sale. All fines collected shall be credited to the general fund of the County.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
or developer from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such
subdivided land has been approved by the County in accordance with this Chapter 27 and recorded
with the Office of the Weld County Clerk and Recorder in accordance with Section 30-28-110(4),
C.R.S.
Sec. 27-1-30. Zone changes to Planned Unit Development discontinued.
A. No applications to change the zoning of a property to PUD shall be accepted.
B. This section shall not be deemed to prohibit amendments to approved PUDs.
Sec. 27-1-40. Properties approved for PUD zoning without recorded PUD zoning plats.
If the conditions of approval of a PUD Change of Zone have not been met and the PUD zoning plat
has not been approved for recording by the Department of Planning Services prior to [effective date], the
application shall be null and void.
Sec. 27-1-50. Unplatted property zoned PUD.
A. For any property with an approved and recorded PUD zoning plat for which a complete PUD final plan
application has not been submitted prior to [effective date], the Board shall revoke the PUD zoning
and order the property's zoning to be reverted to the prior zone district.
B. For any property with an approved and recorded PUD zoning plat for which a complete PUD final plan
application has been submitted prior to [effective date], all conditions of approval must be met and the
final plat submitted for recording prior to the deadline given in the staff letter or the Board resolution
of approval or extension, or the Clerk to the Board shall schedule a public hearing before the Board
of County Commissioners. The property owner shall be notified at least fifteen (15) days prior to the
hearing. If the Board determines that conditions supporting the original approval have changed or that
the property owner is unwilling or unable to meet the conditions of approval and implement the PUD,
the Board may, after a public hearing, rescind the approval, revoke the PUD zoning, and order the
property's zoning to be reverted to the prior zone district.
C. No building permits shall be issued and no development, including grading, shall commence on a
property in the PUD zone district until a PUD final plan is approved and the final plat recorded in
accordance with Chapter 27.
Page 1
1 Commented [JF1 ]: 1/19/24 as of now.
Ch 27 draft update 10/16/23 ws
Sec 27-9-60 PUD final plan submittals for phased PUDs
A Where a PUD final plan has been approved and recorded fora phase or a portion, but not the entirety,
of a PUD zoning plat, final plan submittals for the remaining portion shall be processed In accordance
with the Section 27-1-60
B At least one (1) of the proposed roads within the final plan area shall intersect a publicly maintained
road or an existing road within a previously platted portion of the PUD
C No PUD shall contain any access easements except for the following
1 Pre-existing access easements for nonresidential purposes such as ditch maintenance roads or
oil and gas facility access roads
2 Access easements solely for the use of emergency services
D An owners association is required and shall be managed by the property owners within the PUD
1 The owners association shall be created and all necessary documents recorded pnorto recording
of the plat
2 All outlots shall be dedicated to the owners association on the plat and a deed conveying all
outtots to the owners association shall be provided to the Department of Planning Services for
recording with the plat
E Criteria for approval The PUD final plan must
1 Be in general conformity with the Comprehensive Plan found m Chapter 22 of this Code and any
County -approved future development plans for the area
2 Address to the satisfaction of the Board of County Commissioners the requests and concerns of
any referral agency or mineral interest
3 Comply with the standards detailed in Articles II and III of Chapter 24, Article Ill of this Chapter,
and this Section 27-1-60
4 Comply with the recorded PUD zoning plat Where the PUD zoning plat conflicts with the
provisions of the Chapter or Article Ill, Chapter 24, as determined by the Board of County
Commissioners at the heanng described below, the PUD final plan shall comply with the PUD
zoning plat
F Procedure The PUD final plan application shall be processed according to the following procedure
1 Prior to submitting an application, the applicant shall submit a Pre -Application Request Fonn and
meet with the Department of Planning Services to discuss the proposal Following the Pre -
Application meeting, the applicant may submit a complete application electronically
2 The Planner shall have the responsibility of ensuring that all application submittal requirements
are met pnorto processing the application Upon determination that the application is complete,
the application fee shall be pod
3 Once the application a deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner
deems necessary A list of referral agencies is located in Appendix 23-G of the Weld County
Code The failure of any agency to respond within twenty-one (21) days may be deemed a
response with no concerns All referral agency review comments are considered
recommendations to the County The authonty and responsibility for approval or denial of the
application rests with the County
4 The Department of Planning Services shall schedule review of the Utility Plan on the first available
UhUhes Coordinating Advisory Committee meeting pnorto the Planning Commission heanng The
Utilities Coordinating Advisory Committee shall review the Utility Plan for compliance with Section
24-3-60 of Chapter 24
Page 2
Ch 27 draft update 10/16/23 ws
5 The Planner MI prepare a Staff Report within sixty (60) days of receipt of a complete application
The Staff Report shall contain a recommendation for approval or denial The Staff Report shall
address all aspects of the application, including, but not limited to, referral agency comments and
the regulations contained in the Weld County Code
6 The Department of Planning Services shall schedule Planning Commission and Board of County
Commissioners public hearings Legal notice, posting, and surrounding property owner
notification of the hearings shall be concurrent -
7 Prior to the Planning Commission heanng, sign posting, legal publication, and surrounding
property owner notification shall be required, as follows
a The Department of Planning Services shall post a sign with case information on the property
under consideration The sign shall be posted adjacent to, and visible from, a publicly
maintained road right-of-way The Department of Planning Services shall certify that the sign
has been posted fifteen (15) days preceding the Planning Commission hearing date,
evidenced with an affidavit and photograph
b The Clerk to the Board shall arrange for legal notice of the hearings to be published in the
newspaper designated by the Board for publication of notices The date of publication shall
be at least fifteen (15) days prior to the Planning Commission hearing
c The Department of Planning Services shall give notice of the application and the public
hearing dates to owners of property within the PUD who are not the applicants and to those
persons listed in the application as owners of property located within five hundred (500) feet
of the subject property Such notification shall be mailed, first-class, not less than fifteen (15)
days before the Planning Commission public hearing Inadvertent errors by the applicant or
the Department of Planning Services in supplying such list, or the Department of Planning
Services in sending such notice, shall not create alunsdictional defect in the hearing process,
even if such error results in the failure of a surrounding property owner to receive such
notification
8 The Planning Commission shall consider all aspects of the application, including, but not limited
to, the staff recommendation, referral agency responses, the application case file, and testimony
presented at the public hearing The Planning Commission shall recommend approval of the
request unless it finds that the applicant has not met one (1) or more of the applicable
requirements of this Code
9 The Board of County Commissioners shall consider the application and take final action thereon
The Board of County Commissioners' decision shall consider the recommendations of the
Planning Commission and Planning staff, referral agency responses, the application case file and
facts presented at the public hearing The Board shall approve the application unless it finds that
the applicant has not met one (1) or more of the applicable requirements of this Code The Board
shall adopt a resolution of approval or denial If the application is denied by the Board of County
Commissioners, refer to Section 2-3-10, Previously denied applications for land use matters of
this Code
10 If approved, and upon completion of the conditions of approval, including recording of the
Development and Improvements Agreement per Section 24-2-40 of Chapter 24 and acceptance
of the draft plat by the Department of Planning Services, the signed and notarized plat and deed
conveying all outlots to the owners association shall be submitted for recording with the recording
fee to the Department of Planning Services
11 No development, including grading, shall commence prior to recording of a Development and
Improvements Agreement and final plat ,
12 The Board of County Commissioners shall have the power to bung an action to enjoin any
subdivider from selling, agreeing to sell, or offering to sell subdivided land before a final plat for
such subdivided land has been recorded per Section 30-28-110(4), C R S
Page 3
Ch 27 draft update 10/16/23 ws
13 All property within the PUD final plat shall comply with the recorded final plat, including, but not
limited to, any development standards or notes on the plat Noncompliance shall result in
withholding Weld County permits on any affected property
14 No budding permits shall be issued until the improvements are constructed and accepted per the
terms of the Development and Improvements Agreement
G Submittal requirements The following application items are required
1 If the PUD zoning plat requires public water An executed water service agreement with the public
water provider to serve the development The agreement shall demonstrate that the water quality
and quantity are sufficient to meet the requirements of the uses within the development
Documentation shall address the primary conditions of service including payment of tap fees,
extension of pipelines and other water service facilities, dedication of water rights, etc , per the
requirements detailed in Section 29-20-304, CRS The agreement and supplemental
documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to
acceptance of the application If the water service agreement expires pnor to the Board of County
Commissioners heanng, the applicant is responsible for providing an updated agreement pnor to
the hearing
2 If the PUD zoning plat requires public sewer An executed sanitary sewer service agreement from
the public sewer provider to serve the proposed PUD The agreement and supplemental
documentation shall be reviewed and accepted by the Weld County Attorney's Office pnor to
acceptance of the application If the sewer service agreement expires pnor to the Board of County
Commissioners hearing, the applicant is responsible for providing an updated agreement pnor to
the hearing
3 A recorded agreement with mineral owners associated with the subject property, if applicable
Such agreement shall stipulate that the oil and gas activities on the subject property have been
adequately incorporated into the design of the PUD Alternatively, the applicant shall provide
written evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owners on the subject property
4 Application Form
5 Authorization Form, if applicable
6 Deed identifying the surface estate ownership in the property
7 Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the
corporation's behalf, or trustee documents if the owner is a trust
8 A narrative describing the project
9 Construction schedule showing the approximate dates when construction of the development is
proposed to start and finish This shall include detailed stages in which the infrastructure and
community amenities will be constructed
10 A statement descnbing the method of financing for the development The statement shall include
the estimated construction cost and proposed method of financing of the infrastructure
construction, including, but not limited to, street and related facilities, water distribution system,
sewage collection system, floodplain protection, stormwater management facilities, and such
other facilities as may be necessary
11 Phasing plan, if applicable
12 Final Drainage Report, in accordance with Section 24-3-200 of Chapter 24
13 Final construction plans Final, accepted construction plans signed and stamped by a registered
professional engineer licensed to do business in the state shall be required prior to recording the
plat
14 Final Traffic Impact Study, in accordance with Appendix 8-Q of this Code
Page 4
Ch 27 draft update 10/16/23 an
15 Draft of a deed conveying all outlots to the owners association after the final plat is recorded
16 Draft final plat prepared according to the plat requirements per Section 24-2-70 of Chapter 24 and
the following
Metes and bounds legal description of the subject property with closure statement and total
acreage The exterior boundary of the PUD final plat and boundaries of all lots and outlots
shall have a closure accuracy of one -hundredth (0 01) foot
b A land use table that details the total number and total acreage of lots, outlots, and blocks,
total acreage of road nghts-of-way, total number of dwelling units for residential lots, dwelling
unit density per acre, floor area ratio for commercial or industrial lots, and total acreage of
each different land use area
c Blocks numbers shall be shown and labeled in ascending numerical order beginning with
"Block 1 " Lot numbers in each block shall be shown and labeled in ascending numerical
order beginning with "Lot 1 " Outlots shall be shown and labeled alphabetically starting with
"Outlot A " All lots and outlots shall be labeled with their areas in square feet and acreage to
the nearest one -hundredth (0 01) of an acre, or a table with areas shall be provided
d Transportation The transportation network, internal connectivity, and external connections
to existing, publicly maintained roads shall be shown and labeled, including, but not limited
to, the location, names, widths, and centerlines of all existing and proposed rights -of -way
For existing rights -of -way, the physical location of the road and right-of-way creation
documentation shall be included Road rights -of -way shall be dedicated to the public in
accordance with Section 24-3-160 of Chapter 24 Sidewalks, curbs, and gutters within with
the PUD shall be shown on a typical cross-section on the plat
17 Utility plan with list of utility service providers and their contact information
18 Existing site conditions map Show and label the physical characteristics and natural site
constraints of the property and existing on -site structures, oil and gas facilities, irrigation
equipment, ditches, or laterals, utility lines, natural gas pipelines, overhead lines, railroads, etc
19 Site improvements plan Show and label the anticipated amenities, including, but not limited to,
mailbox pedestals, development identification signs, bus stop shelters, parks, common open
space, and conservation areas, if any For all improvements to be managed by the owners
association, include an installation schedule
20 Landscape plan prepared according to Section 24-4-330 of Chapter 24 for common areas
21 Mineral estate interest contact information and written certification required by Section 24-65 5-
103 3, CRS , if applicable and if not previously provided with the PUD zoning plat Such
certification may be submitted on or before the date of the initial public hearing referred to in
Section 24-65 5-103(1), C R S
22 An agreement with the school district for land dedication or cash -in -lieu payment that satisfies the
requirements in Sections 30-28-133 (4)(a) and (4 3), CRS A copy of the executed agreement
or receipt for paid cash -in -lieu will be required as a condition of approval
23 Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to be adopted for the PUD
24 A signed buffer report and affidavit of the names, addresses, and parcel numbers of the
surrounding property owners within five hundred (500) feet of the subject property The buffer
report shall be prepared no more than thirty (30) days prior to submittal
25 A title product, sometimes referred to as a "preliminary title report" or an "informational
commitment," issued by a title insurance agency, agent, or company registered with the state,
that includes a legal description and date of the report (typically on "Schedule A") and a list of
exceptions (typically on "Schedule B" or "Schedule B-2") The title product shall be dated no more
than thirty (30) days prior to submittal
Page 5
Ch 27 draft update 10/16/23 ws
26 A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes
for the subject property The Statement shall be from the previous tax year
27 Application fee
28 Any other items deemed necessary by Weld County staff
ARTICLE II — Amendments to Existing PUDs
Sec 27-2-10 Overview of PUD amendments
A 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
B The proposed amendment shall maintain compatibility within the PUD and to adjacent surrounding
uses, as determined by the Board of County Commissioners
C The proposed amendment shall not create or increase any nonconformity
D Any change to the allowed uses or setbacks within a PUD requires the signatures of all owners of
property within the PUD on the application or authorization form for the amendment and, if approved,
all owners must sign an affidavit on a form provided by staff acknowledging the allowed uses or
setbacks The affidavit and Board's resolution will be recorded by the Department Planning Services
at the expense of the applicant
E 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
F Platted PUD lots may not be further subdivided
G Lot lines may be adjusted, lots may be combined, and budding or septic envelopes may be removed
in accordance with Section 27-2-30 without amending a PUD zoning plat
H The exterior boundaries of a PUD shall not be changed by any amendment
I
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 distracts listed in Chapter 23,
Zoning, of this Code, by following the process in Division 1, Article II, Chapter 23 Approval 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 Otherwise, it would be treated as a Major
Subdivision Amendments to such final plats would follow the resubdiwsion process in Article IX of
Chapter 24 of this Code
J 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 this
Code No PUD shall be partially vacated Vacation of a PUD final plat results in one (1) lotwith a metes
and bounds or alquotlegal description
K Criteria for approval The PUD amendment must
1 Maintain compatibility within the PUD and to adjacent surrounding uses
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
3 Address to the satisfaction of the Board of County Commissioners the requests and concerns of
any referral agency or mineral interest
4 Comply with the standards detailed in this Section 27-2-10, Article III of this Chapter, and Article
III, Chapter 24 of this Code
Page 6
Ch. 27 draft update 10/16/23 ws
5. Be consistent with the efficient development and 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.
7. Not be granted solely to confer a special benefit upon any person.
Sec. 27-2-20. Amendments to PUD zoning.
A. Prior to submitting an application, the applicant or applicant's representative shall submit a Pre -
Application Request Form and meet with the Department of Planning Services to discuss the proposal.
Following the Pre -Application meeting, the applicant may submit a complete application electronically.
B. Submittal requirements. The following application items are required:
1. Application Form.
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the
corporation's behalf, or trustee documents if the owner is a trust.
5. Questionnaire as required in the application packet.
6. A signed buffer report and affidavit of the names, addresses and parcel numbers of the
surrounding property owners within five hundred (500) feet of the PUD. The buffer report shall
expire thirty (30) days from preparation.
7. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes
for all property within the PUD. The Statement shall be from the current tax year.
8. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or
Public Health and Environment, Environmental Health Services Division.
9. A written description of the uses to be allowed within the PUD or the change in required setbacks
The description may reference uses permitted within zone districts described in Article III of
Chapter 23 of this code. If approved, such uses shall be considered uses by right. Certain uses
may require subsequent submittal and approval of a Site Plan Review as described in Section
23-2-150.B of this Code.
10. Application fee.
C. Procedure. The application shall be processed according to the following procedure:
1. The Planner shall have the responsibility of ensuring that all application submittal requirements
are met prior to processing the application. Upon determination that the application is complete,
the application fee shall be paid.
2. Once the application is deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner
deems necessary. A list of referral agencies is located in Appendix 23-G of the Weld County
Code. The failure of any agency to respond within twenty-one (21) days may be deemed a
response with no concerns. All referral agency review comments are considered
recommendations to the County. The authority and responsibility for approval or denial of the
application rests with the County.
3. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application
The Staff Report shall contain a recommendation for approval or denial The Staff Report shall
address all aspects of the application, including. but not limited to, referral agency comments and
the regulations contained in the Weld County Code.
4. The Department of Planning Services shall coordinate with the Clerk to the Board's office to
schedule a hearing before the Board of County Commissioners.
Page 7
Commented [JF2]: Staff to produce?
Ch. 27 draft update 10/16/23 ws
5. Prior to the Board of County Commissioners hearing. sign posting, legal publication, and
surrounding property owner notification shall be required, as follows:
a. Planning staff shall post a sign with case information on the subject property. The sign shall
be posted adjacent to, and visible from. a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way,
one (1) sign shall be posted in the most prominent place on the property and a second sign
shall be posted where a driveway (access drive) intersects a publicly maintained road right-
of-way. Planning staff shall certify that the sign has been posted the fifteen (15) days
preceding the hearing date, evidenced with an affidavit and photograph.
b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners
meeting to be published in the newspaper designated by the Board for publication of notices.
The date of publication shall be at least fifteen (15) days prior to the hearing.
c. The Clerk to the Board shall give notice of the application and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500) feet
of the PUD. Such notification shall be mailed, first-class, not less than fifteen (15) days before
the scheduled public hearing. Inadvertent errors by the applicant or the Department of
Planning Services in supplying such list. or the Clerk to the Board in sending such notice.
shall not create a jurisdictional defect in the hearing process. even if such error results in the
failure of a surrounding property owner to receive such notification.
6. The Board of County Commissioners shall consider the application and take final action thereon.
The Board of County Commissioners' decision shall consider the recommendation of the Planning
staff, referral agency responses, the application case file. and facts presented at the public
hearing. The Board of County Commissioners shall approve the application unless it finds that
the applicant has not met one (1) or more applicable requirements of this Chapter.
7. If approved, the Planner shall provide the applicant the affidavit acknowledging the allowed uses
or amended setbacks. The affidavit must be signed by all owners of property within the PUD as
of the date of approval and returned to the Planner for recording. along with the recording fee
The amendment shall not take effect until the affidavit is recorded by the Department of Planning
Services. The Board resolution shall be recorded as well.
8. If the completed affidavit has not been submitted to the Planner within sixty (60) days of the date
of approval. the application may be forwarded to the Board of County Commissioners for
reconsideration. The applicant 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.
Sec. 27-2-30. Amendments to PUD final plans and final plats.
A. Prior to submitting an application, the applicant shall submit a Pre -Application Request Form and meet
with the Department of Planning Services to discuss the proposal.
B. Following the Pre -Application meeting. the applicant may submit a complete application electronically.
The following application items are required:
1. Application Form.
2. Authorization Form. if applicable.
3. Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the
corporation's behalf. or trustee documents if the owner is a trust.
5. Questionnaire as required in the application packet.
6. A draft final plat prepared according to the plat requirements per Section 24-2-70 of Chapter 24,
unless the amendment is for the sole purpose of removing building envelopes or septic envelopes.
Page 8
Commented [JF3): Might have to notify a lot of people.
Commented [JF4]: Anything else?
Ch. 27 draft update 10/16/23 ws
7. A signed buffer report and affidavit of the names, addresses and parcel numbers of the
surrounding property owners within five hundred (500) feet of the property. The buffer report shall
expire thirty (30) days from preparation.
8. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes
for the subject property. The Statement shall be from the current tax year.
9. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or
Public Health and Environment, Environmental Health Services Division.
10. Application fee.
C. Procedure. The application shall be processed according to the following procedure:
1 The Planner shall have the responsibility of ensuring that all application submittal requirements
are met prior to processing the application. Upon determination that the application is complete,
the application fee shall be paid.
2. Once the application is deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner
deems necessary. A list of referral agencies is located in Appendix 23-G of the Weld County
Code. The failure of any agency to respond within twenty-one (21) days may be deemed a
response with no concerns. All referral agency review comments are considered
recommendations to the County. The authority and responsibility for approval or denial of the
application rests with the County.
3. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application.
The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall
address all aspects of the application, including, but not limited to, referral agency comments and
the regulations contained in the Weld County Code.
4. The Department of Planning Services shall coordinate with the Clerk to the Board's office to
schedule a hearing before the Board of County Commissioners.
5. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and
surrounding property owner notification shall be required, as follows:
a. Planning staff shall post a sign with case information on the subject property. The sign shall
be posted adjacent to, and visible from, a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way,
one (1) sign shall be posted in the most prominent place on the property and a second sign
shall be posted where a driveway (access drive) intersects a publicly maintained road right-
of-way. Planning staff shall certify that the sign has been posted the fifteen (15) days
preceding the hearing date, evidenced with an affidavit and photograph.
b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners
meeting to be published in the newspaper designated by the Board for publication of notices.
The date of publication shall be at least fifteen (15) days prior to the hearing.
c. The Clerk to the Board shall give notice of the application and the public hearing date to
owners of property within the PUD who are not the applicants and to those persons listed in
the application as owners of property located within five hundred (500) feet of the subject
property. Such notification shall be mailed, first-class, not less than fifteen (15) days before
the scheduled public hearing. Inadvertent errors by the applicant or the Department of
Planning Services in supplying such list, or the Clerk to the Board in sending such notice,
shall not create a jurisdictional defect in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such notification.
6. The Board of County Commissioners shall consider the application and take final action thereon.
The Board of County Commissioners' decision shall consider the recommendation of the Planning
staff, referral agency responses, the application case file, and facts presented at the public
Page 9
ICommented [JF5]: Note.
Ch 27 draft update 10/16/23 ws
hearing The Board of County Commissioners shall approve the application unless it finds that
the applicant has not met one (1) or more applicable requirements of this Chapter
7 If approved, and upon completion of the conditions of approval and acceptance of the plat by the
Planner, the plat may be submitted for recording with the recording fee to the Planner 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
8 The foregoing notwithstanding, where the amendment is for the sole purpose of removing budding
envelopes or septic envelopes, no plat shall be required and the Board resolution shall be
recorded with the Clerk and Recorder's reception number and date of recording for the original
plat
Sec 27-2-40 Correction
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-
51-111(2), CRS , a surveyor may record a new plat for the affected property that references the original
plat and shows the correction, but only to correct the following
A A bearing, distance, or elevation that was omitted or labeled incorrectly
B Text that was misspelled or mislabeled
C An error or omission ascertainable from the data shown on the recorded plat or parcel described
D An error within a parcel description shown on the recorded plat
All other changes shall require an amendment as described in Section 27-2-20 and/or Section 27-2-
30 of this Chapter
Article Ill — Standards for all PUDs
Sec 27-3-10 Standards for all PUDs
Unless stated otherwise on a PUD final plat, zoning plat, or resolution
A Properties in PUDs shall comply with applicable provisions of the Weld County Code, including, but
not limited to, Articles II and III of Chapter 24, applicable provisions of Chapter 23, including, but not
limited to, regulations on parking, signage, fioodplains, and minimum distance from oil and gas
facilities, and Chapters 29 and 30
B Outlots No new buildings are allowed on outlots Other structures that are not fully enclosed, including,
but not limited to, loafing sheds, may be permitted on outlots where the PUD allows for agricultural
uses Fences, parking lots, trails, bus stop shelters, and the like may be permitted on outlots
Underground and overhead utility lines may be permitted on outlots provided a Use by Special Review
or 1041 Permit is not required The use of existing buildings on outlots shall not be altered or enlarged,
except in accordance with the recorded PUD
C An owners association is required and shall be managed by the property owners within the PUD
1 All outlots shall be owned by the owners association in perpetuity The owners association shall
maintain in perpetuity all outlots and all landscaping outside of buildable lots m a neat, clean, and
healthy condition, including removal of litter and weeds, mowing, fertilizing, watering, proper
pruning, and replacement of diseased and/or dead plants within one (1) calendar year or within
the next growing season, whichever comes first
2 All internal road rights -of -ways shall be maintained by the owners association in perpetuity
D Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter
23 of this Code, compliance with the bulk standards for the corresponding zone district is required
(For example, where a PUD zoning plat says Estate zone uses are allowed, compliance with Section
Page 10
Ch 27 draft update 10/16/23 ws
23-3-440 is required ) Where a PUD refers to multiple zone districts, the more restrictive bulk
standards shall apply
E Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter
23, the uses allowed in the PUD shall be those uses allowed by right and accessory uses in the zone
district(s) referred to, as listed and defined in Chapter 23 Uses by special review and uses by zoning
permit are not allowed in PUDs, unless the PUD zoning plat specifically allows them Certain uses
may require subsequent submittal and approval of a Site Plan Review as described in Section 23-2-
150 B of this Code
F Where a PUD lists uses that are allowed in the PUD, but does not define them, the definitions in
Chapter 23 may be used, or, if not defined in Chapter 23, Planning staff may use a dictionary or a
common industry definition
Page 11
Memorandum
TO: Board of County Commissioners
FROM: Elizabeth Relford, Interim Director of Planning
Services
Maxwell Nader, Planning Manager
Jim Flesher, Long -Range Planner
DATE: June 11, 2024
RE: ORD2023-18, Chapter 27, PUDs
The Board of County Commissioners approved first reading of Ordinance 2023-18 on December
4, 2023.
Following the first reading there were three public meetings held regarding future development in
the County, in addition to the second reading on March 4, 2024, when the Board postponed the
second reading to June 12, 2024. The first "stakeholder" meeting was held on December 21,
2023. This was a discussion where the Board, staff, developers. consultants, and municipalities
discussed the general subject of subdivisions in unincorporated areas.
A meeting with municipal leadership was held on April 11, 2024, where the Board, staff, and
municipal representatives discussed future growth in the county and how updating coordinated
planning agreements (CPAs) can best ensure proper growth occurs.
A meeting/work session was held with staff on May 20, 2024. This discussion was the opportunity
for staff to establish the current request for Ordinance 2023-18 and other options available to the
Board of County Commissioners regarding Ordinance 2023-18.
This ordinance would rewrite Chapter 27, our PUD Chapter, and state that no new PUDs will be
established. This rewritten chapter will mostly be for amendments to existing PUDs. There is also
a section for PUDs that are partially platted, which would be allowed to finish out the development.
This ordinance, as presented, is supported by the Weld County Comprehensive Plan, adopted in
Chapter 22 of the Weld County Code, specifically Subsection B.3 of Section 22-2-30, Land Use
Goals and Objectives.
Section 22-2-30.B. Locate urban development in urban areas.
3. Urban -scale residential development belongs in municipalities; therefore. the County shall
discourage residential developments with more than nine lots or an overall density of more
than one unit per acre in unincorporated areas.
The options provided by the staff to the BOCC at the May 20, 2024 meeting/work session were
the following:
1. Adopt Ord2023-18, as presented, removing the option for new PUDs.
2. Instruct staff to draft amendments to Ord2023-18 to allow PUDs with additional design criteria
and to require metro district funding to provide urban services on behalf of the County.
3. Adopt Ord2023-18 removing PUDs from development options but instruct staff to draft code
amendments to reinstate major subdivisions in Chapter 24 and amend Chapter 22,
Comprehensive Plan, to allow urban -scale residential development.
Page 1
4 Do not change Chapter 27 from what is in current code
5 Direct staff to present a cluster development process, per CRS Part 4, Article 28, Title 30 (30-
28-401, et seq ) in Chapter 24 (Independent discussion from Ordinance 2023-18)
Additionally, there have been letters from developers and municipalities -submitted to the Clerk to
the Board, which are in your packet The general content of the letters vanes Letters from the
developers express concerns of not having the PUD option in the Weld County Code Letters
from the municipalities express support for removing PUDs from the Weld County Code and
allowing the municipalities the ability to work with developers on proper urban development where
services are provided and where these types of developments can succeed
Staff has no recommended changes for second reading and recommends adoption of the
ordinance Third and final reading is currently scheduled for July 17, 2024
Page 2
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ordinance2O23-18
Chapter 27 — Planned Unit Developments (PUDs)
Maxwell Nader, Planning Manager
Elizabeth Relford, Interim Planning Director
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Background/Timeline
• December 4, 2023 — First Reading Ord2023-18 - Approved
• December 21, 2023 — Public Meeting
• March 4, 2024 — Second Reading Ord2023-18 - Continued
• April 11, 2024 — Public Meeting
• May 20, 2024 — Public Meeting/Work Session
• June 12, 2024 — Second Reading Ord2023-18
• July 17, 2024 — Third Reading Ord2023-18
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Options for ORD2023 18:
1. Adopt Ord2023-18, as presented, removing the option for new PUDs.
(Staff's recommended option)
2. Instruct staff to draft amendments to Ord2023-18 to allow PUDs with
additional design criteria and to require metro district funding to provide urban
services on behalf of the County.
3. Adopt Ord2023-18 removing PUDs from development options but instruct staff
to draft code amendments to reinstate major subdivisions in Chapter 24 and
amend Chapter 22, Comprehensive Plan, to allow urban -scale residential
development.
4. Do not change Chapter 27 from what is in current code.
5. Direct staff to present a cluster development process, per CRS Part 4, Article
28, Title 30 (30-28-401, et seq.) in Chapter 24. (Independent discussion from
Ordinance 2023-18.)
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
Adopt Ord2023-18 removing new PUDs from development options.
Existing Land Division/Development options include:
a. 35 -acre lots by deed.
b. Minor Subdivision of up to nine lots with public water.
c. Rural Land Division of up to four lots with public water.
d. Resubdivision to split lots within subdivisions and townsites (up to two new
lots).
e. Family Farm Division (for farms/ranches with at least 37.5 acres to be split
into two lots).
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
Chapter 22 supports adopting Ord2023-18 which removes new PUDs
from development options.
Current Chapter 22 — Comprehensive Plan
Section 22-2-30.B. Locate urban development in urban areas.
3. Urban -scale residential development belongs in municipalities; therefore,
the County shall discourage residential developments with more than nine
lots or an overall density of more than one unit per acre in unincorporated
areas.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
END
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
35 -acre split
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Minor Subdivision
(Estate Residential)
The Estates at Hill Lake
laMiniallainiatwant
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Minor Subdivision
(Commercial/Industrial)
Weld County Industrial Park
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Rural Land Division
RLDF22 0002
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Resubdivision
Enchanted Hills
SAINT 5
t4 , VRAIN" ��
3LVD RANCH E,
LAU
s
_
■
I
�I
•
I
3'
A
•
I
I
r
•
♦ 1
SI
I
I
- ..
• P . ,
-
_
a
1
_
A
1
[ f
14
ri � • �
I
♦
�
�+q
_ C
el
‘I
r
1
�.
i
1
— .
,
r
1
I
L
rr�
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Family Farm Division
FFD21 0006
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 2
Keep 0rd23-18 and amend to
allow PUDs with additional
design criteria and to require
metro district funding to
provide urban services on
behalf of the County.
Proposed Framework;
Policy Concern
Regulatory Tool/ Proposal
I) The current PUD process is
too confusing and outdated
for staff and applicants
I.a) Update the development review process with clear land use
code development standards that include open, transparent
approval processes for commissioners, applicants, and
members of the public. Projects with "fatal flaws" would not be
brought forth to the commissioners for review in the first place.
II) No clear definition of
"Urban Development"
II.a) Redefine "urban development" as "modern residential
and/or commercial development" within 3 miles of a
municipality that has the necessary services, such as public
water, sewer, sufficient road access, drainage facilities, and dry
utilities.
III) Concerns pertaining to
future annexation or ability
to annex into a municipality,
or abilityto meet neighboring
municipal roadway, park,
open space standards
III.a) If there
to annex
development,
neighboring
annex the
III.b ) The
upon the
the future.
likely jurisdiction
open space,
application
Lupton project,
is no ability or desire from any nearby municipalities
the property as a modern residential and/or commercial
the applicant will provide a letter from the
municipality demonstrating there is no desire to
property.
County and the applicant will work together to agree
most likely municipalitythat would annex the project in
For whichever municipality is identified as the most
for annexation, then that jurisdiction's road,
and park design standards will be used for the
(i.e., Ft. Lupton's design standards for a nearby Ft.
as agreed to by applicant and County).
IV) Ability to provide
water/sewer/utilities
IV.a)
demonstrates
(including
letter"
willingness
utility
purposes
Applicants will be required to
their ability to provide
any necessary upgrades).
from a water/sewer provider
to serve the project and
provider would be adequate
of providing basic utilities.
provide documentation that
basic utilities and services
For example, a "can serve
district demonstrating thei r
a letter of agreement from a
documentation for the
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord 2023 18 Options
Option 3
Adopt 0rd23-18 removing PUDs from development options but
reinstate Ch. 24 major subdivisions and amend Ch. 22 comprehensive
plan to allow urban scale residential development.
*No major subdivisions have been developed in unincorporated Weld
County since the 1970's. Major subdivisions were removed from the
code in 2020.
WELD COUNTY GOVERNMENT
www.weld.gov
I in
•
II
•
IIII
•'
-
J:::■.m
MIMI= n
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord 2023 18 Options
Option 4:
Keep PUDs as -is; do not amend Chapter 27.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 5:
Direct staff to adopt the cluster development process, per CRS Part 4,
Article 28, Title 30 (30-28-401, et seq.) in Chapter 24. Independent
discussion from 0rd23-18.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Cluster Development
Shire PUD
r
•
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Story Map
• https://gis.weld .gov/porta l/apps/dash boa rds/e9382646e04845d 196e
4367f7d9da08b
WELD COUNTY GOVERNMENT
www.weld.gov
16
Jessica Reid
From:
Sent:
To:
Cc:
Subject:
Maxwell Nader
Monday, June 10, 2024 11:48 AM
CTB
Elizabeth Relford; Jim Flesher; Bruce Barker; Karin McDougal
Fw: ORD2023-18 — 2nd Reading
CTB,
Please add the communication below as an exhibit for ORD2023-18. Thank you!
Best,
llaxwell Nader
'tanning Manager
)ept. of Planning
Services
402 N 17th Ave
;reeley, CO 80631
inaderaweld.gov
'hone: (970)-400-3527
IV!!
WELD COUNTY, CO
0 0
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which
it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Andrew Dodgen <adodgen@fullerre.com>
Sent: Monday, June 10, 2024 11:24 AM
To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine
<Isaine@weld.gov>; Kevin Ross <kross@weld.gov>
Cc: Elizabeth Relford <erelford@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: ORD2023-18 — 2nd Reading
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Weld County Board of Commissioners,
Thank you for taking the leadership role in trying to find a way for major subdivisions to coexist within Weld County. A
friend of mine is the chairman of a metro district that operates in unincorporated Douglas County. He works closely
with the Town of Parker Water and Sanitation Department as well as the Town of Castle Rock Water and Sanitation
Department. His metro district builds many of the water and sanitation infrastructure needed by the two Towns,
having the developers pay their share and then dedicated the infrastructure to the respective Town. He is willing to
speak with you and answer your questions regarding how this works for the metro district, the Towns and the growing
population.
In Weld County, the Sack Family, would like the opportunity to develop their land using a metro district. They
appreciate the commissioners and staff bringing forth several options for development processes that are more
1
thoughtful and considerate for property owners and the development community in Weld County Leveraging tools
such as metro district services, design standards, and approval criteria are good policy levers to shape development
options moving forward
The Sack Family respectfully request that the commissioners reject Option 1 within the staff presentation —which
would effectively eliminate the viability of many beneficial industrial/commercial and residential projects moving
forward Removing the option for new PUDs altogether is not only misguided policy that could negatively impact the
future of Weld County's economic growth, but it also unfairly ignores other important options and tools — such as
design standards, approval criteria, and metro district service plans — all of which can mutually benefit the larger
Weld County community and property owners alike
The Sack Family encourage you to dig deeper into the alternative options presented to you that provide a more fair
and predictable application process for land use applications into the future We respect and appreciate the role of
Weld County Commissioners in approving and denying applications - on a case -by -case basis - grounded within
sound and adequate approval criteria that is understood by all parties
Importantly, before making and major decisions on future land use policy, we also encourage the Commissioners to
first work closely with experts on leveraging metro district tools, which can go a long way in addressing many of the
service and expectation concerns brought up by County leaders
There are many policies and tools within metro districts that should be considered by the Board during this important
conversation, and we urge you to consult with metro district experts on how these tools and policies can be deployed
within your processes before any significant policy decisions are made
Again, Thank you
i
Warm Regards,
Andrew Dodgen I Principal & Sr VP Broker
Fuller Real Estate I Commercial
5300 DTC Parkway, Suite 100 I Greenwood Village, CO 80111
720-670-0377 Cell 1720-287-5412 Office
303-534-9021 Fax
CONFIDENTIALITY NOTICE This electronic transmission and any attachment are the confidential property of sender, and the materials are privileged
communications intended solely for the receipt, use, benefit and information of the intended recipient indicated above If you are not the intended
recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this
electronic transmission is strictly prohibited and may result in legal liability on your part If you have received this e-mail in error, please notify Fuller Real
Estate immediately by telephone (303) 534-4822 or by e-mail directly to the sender, and destroy this electronic transmission E-mail cannot be guaranteed
to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses The sender does not
have liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmissions
2
metrod istrict
EDUCATION COALITION
Weld County Metro District Follow-up Questions and Answers
Q: How are metro districts created and what role do Weld County Commissioners have in the
approval process?
A: Any new metro district formation in unincorporated Weld County is subject to the approval of the
Weld County Commissioners under the existing Weld County Code. This process provides the
opportunity for Weld County to add any additional requirements including things such as caps on mill
levies, maximum terms for debt, and additional disclosure and/or notification requirements for future
residents.
Q: What services can metro districts provide to future residents who live in those metro districts?
A: Under Title 32, The Special District Act, metro districts are able provide a myriad of services. Metro
districts are special districts that provide two or more of the following services: street, water,
sanitation, fire, park and recreation, traffic -related safety protection, transportation, television relay
and transmission, mosquito control, storm water, and covenant control and enforcement
Q: How does a metro district resident become educated or learn about the services and distinctions
between County services and metro district services?
A: By law there are significant metro district disclosure requirements made to homebuyers during the
homebuying process (see attached Addendum A) to make sure homebuyers are well educated about
metro districts. These requirements were made more robust in 2021 and 2023. These requirements
include:
• The bonding capacity of the district.
• The maximum mill levy the district may impose.
• That the district may impose an operations and maintenance mill levy.
• Whether the mill levy can be adjusted due to changes in property tax assessment ratios.
Q: What efforts are taken to avoid confusion about services provided by the metro district compared
to services provided by other jurisdictions?
A: Prior to earnest money going hard, a seller must provide a link to the metro district website that
includes budgets, financials, annual reports, board member contact information, and other
important district documents. In a new build scenario, the developer/homebuilder must provide the
link to the metro district website and the mathematical equation that shows the resident the formula
for determining their total tax liability.
Importantly, homebuyers receive closing packets that identify all their service providers and they
become familiar with their providers right away as they set up services for their homes In
addition, as shown in examples below, metro district websites have a plethora of information for
the residents and many metro districts utilize social media to inform residents as well
Finally, if the County does not believe existing disclosures are adequate, the Commissioners
could require an additional disclosure through adoption of a metro district's service plan
Q: Do metro district residents pay property taxes to the County? Where have those property taxes
traditionally gone or been used for in other counties?
A Metro district residents pay the same county property taxes as other residents, and these taxes
are utilized to provide traditional county services The service plan for the metro district defines
what services the metro district can fund with taxpayer dollars, the total mill levy allowed for debt
and operations, the total debt limit the district can have, and the allotted time for the debt
imposition All taxes that are collected based on the service plan and voter authorized debt must
be used to pay down and ultimately retire the public improvement debt Operations mill levies,
which are also defined in the service plan, go toward the ongoing operations and maintenance of
the metro district owned property
Q: How do metro districts work with local first responders, such as fire and police? What about the
concern of draining resources from local sheriff departments?
A Typically, fire districts will provide service to the areas within their boundaries and fund their
services through mill levies or fees New homes or commercial properties add to the tax base of
the district based on the assessed values of the properties and associated mill levies and/or
fees Fire is a power granted to metro districts and can be one of the services provided by the
district
Because policing is not a power granted to metro districts, this is typically managed by the city or
county and funded through their general fund When new homes or commercial properties are
built, they add to the tax base through increased property taxes based on the assessed values of
the property
To the extent that the county would like to pursue additional funding sources, Colorado law
allows for the creation of Law Enforcement Authorities under Colo Rev. Stat § 30-11-404 Law
Enforcement Authorities are created by resolution of the board of county commissioners and
may levy up to 8 mills on properties within its boundaries
Q: What are some examples of metro districts in unincorporated areas that provide robust services
to their residents?
A There are many metro districts that provide robust services throughout the metro area in
unincorporate areas Some of the more well-known districts are listed below We have included
a metro district weblink to show how easy it is to gain information about each local metro district
and their services
Douglas County
• Castle Pines Village
https://castlepinesmetro.com/
• Sterling Ranch
https://www.sterlingranchmetro.org/
• Highlands Ranch
https://www.highlandsranch.org/
• Timber Ridge
https://www.hpfmd.org/
• Colorado Golf Club
https://www.reatasouthmetrodistrict.com/
• Sierra Ridge
https://www.sierraridgemetrodistrict.com/
• Pradera
https://www.praderacommunitycenter.com/pinery-west-metropolitan-district-no-2/
• Solstice
https://mirabellemetrodistrict.com/
Elbert County
• Independence
https://independencemd1-6.colorado.gov/
• Spring Valley Ranch
https://spri ngvalleymd.org/
Arapahoe County
• Copperleaf
https://copperleafinetropolitand istricts.speciald istrict. net/
• The Farm
https://goodmanmetro.org/
• Piney Creek
https://columbiamd.colorado.gov/
• Sky Ranch
https://skyranch.colorado.gov/
• Tall Grass
https://ccgcolorado.com/tallgrass/
Jefferson County
• Ken Caryl Ranch
Iittps://ken-carylranch.org/about-us/board-of-directors/
metrod istrict
EDUCATION COALITION
Addendum A
Special District Disclosures and Transparency Considerations
1. As part of each Purchase Agreement that is executed in Colorado, the following language is
required in order to put all purchasers on notice that they may be acquiring property within
the boundaries of a special district:
Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE
SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID
BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE
TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY
OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING
OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN
THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.
PURCHASERS SHOULD INVESTIGATE THE SPECIAL TAXING
DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY
CONTACTING THE COUNTY TREASURER, BY REVIEWING THE
CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY
OBTAINING FURTHER INFORMATION FROM THE BOARD OF
COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER,
OR THE COUNTY ASSESSOR.
2. When property is located within the boundaries of a special district, title -work received by a
property purchaser will always include an Order of Organization of the special district as part
of the Exceptions to the underlying Title Policy. Purchasers should review the Exceptions for
this notation and do further due diligence on the special district prior to closing. The following
is the statutory reference requiring recordation of all Orders organizing a district.
Order of Organization of a Special District
Pursuant to Section 32-1-105, the Order of Organization for all special districts is
required to be recorded in the Clerk and Recorder's office in which a special district
is located.
3. When a special district imposes a tax on property within its boundaries, this appears on the
property's tax statement from the County Treasurer. Purchasers should review the most recent
tax statement to determine which entities impose a tax and at which rate.
4. Under Colorado law, additional special district notices are required to be recorded on the
property. This notice set forth below and its requirements would additionally be disclosed as
part of the title -work received in connection with the sale of property.
Special District Disclosure Notice per 32-1-104.8, C.R.S. (information
regarding taxes and debt)
(1) Every special district shall record a special district public disclosure
document and a map of the boundaries of the district with the county clerk
and recorder of each county in which the district is located that provides the
following information:
(a) The name of the district;
(b) The powers of the district as authorized by section 32-1-1004 and the
district's service plan or, as appropriate, the district's statement of purpose
as described in section 32-1-208, current as of the time of the filing;
(c) A statement indicating that the district's service plan or, as appropriate,
the district's statement of purpose as described in section 32-1-208 , which
can be amended from time to time, includes a description of the district's
powers and authority, and that a copy of the service plan or statement of
purpose is available from the division; and
(d) The following statement:
[Name of District] is authorized by Title 32 of the Colorado Revised Statutes to
use a number of methods to raise revenues for capital needs and general operations
costs. These methods, subject to the limitations imposed by section 20 of Article
X of the Colorado Constitution, include issuing debt, levying taxes, and imposing
fees and charges. Information concerning directors, management, meetings,
elections and current taxes are provided annually in the Notice to Electors
described § 32-1-809(1), C.R.S., which can be found at the District office, on the
District's web site, on file at the Division of Local Government in the State
Department of Local Affairs, or on file at the office of the clerk and recorder of
each county in which the special district is located.
5. Once property is purchased within the boundaries of a special district, homeowners and
residents are provided an additional transparency notice with information as set forth below.
This notice may be (1) mailed to each household within the special district; (2) included as part
of a newsletter or other statement, letter or notice sent to the eligible electors within a district,
(3) posted on the official website of the special district, or (4) posted through the Special
District Association. To the extent the transparency notice is posted on the Special District
Association website, it can be accessed via the following link:
https://www.sdaco.org/cora/sda-transparency/search.
Transparency Notice to Electors per 32-1-809, C.R.S.
No more than sixty days prior to and not later than January 15 of each year, the
board shall provide notice to the eligible electors of the special district in the
5/14/23
manner set forth in subsection (2) of this section. The notice shall contain the
following:
(a) The address and telephone number ofthe principal business office of the special
district;
(b) The name and business telephone number of the manager or other primary
contact person of the special district;
(c) The names of and contact information for the members of the board, the name
of the board chair, and the name of each member whose office will be on the ballot
at the next regular special district election;
(d) The times and places designated for regularly scheduled meetings of the board
during the year and the place where notice of board meetings is posted pursuant to
section 24-6-402(2)(c), C.R.S.;
(e) The current mill levy of the special district and the total ad valorem tax revenue
received by the district during the last year;
(0 The date of the next regular special district election at which members of the
board will be elected;
(g) Information on the procedure and time for an eligible elector of the special
district to submit a self -nomination form for election to the board pursuant to
section 1-13.5-303, C.R.S.;
(h) Repealed by Laws 2013, Ch. 185, § 138, eff. May 10, 2013.
(i) The address of any website on which the special district's election results will
be posted; and
(j) Information on the procedure for an eligible elector to apply for a permanent
absentee voter status as described in section 1-13.5-1003, C.R.S ., with the special
district.
6. Any metro district created after July 1, 2000 must submit an annual report to the
jurisdiction setting forth various information regarding the district, including the
district's current budget, latest audit, development updates, status of construction of
public improvements, intergovernmental agreement entered into, and any additional
information that the governing jurisdiction requests.
www.leg.colorado.gov/sites/default/files/2021a_262 signed.pdf
7. Occasionally, jurisdictions require the governing document associated with special
districts, the Service Plan, to contain disclosure requirements over and above those set
forth above.
8. In addition to the Special District Association of Colorado, residents and property
owners can gain access to special district information through the Division of Local
Government's "Local Government Information System." Special Districts are
required to post various annual filings with the Division of Local Government,
including director information, annual budgets, annual audits, current maps of the
district boundaries and the underlying Service Plan. This information can be found
via a search of all special districts at https://dola.colorado.gov/Igis/.
5/14/23
9. Property Disclosure: Owners selling newly constructed residences must provide a
written disclosure to the potential purchaser concurrently with or prior to the
execution of a contract to sell the property providing information on the metropolitan
district in which the property is located including:
a. A paper copy, electronic copy or website page link that provides the Notice to
Electors as most recently prepared and filed by the metropolitan district;
b. A paper copy, electronic copy or website page link to the metropolitan district
service plan or statement of purpose as filed with the Department of Local
Affairs;
c. Associated mill levies authorized by the service plan;
d. Maximum debt service the metropolitan district is permitted to impose under
the service plan;
e. Disclosure that the metropolitan district may rely on other revenue sources as
allowed by the law to offset its expenses; and,
f. Estimated future property taxes that are applicable to the property;
g. The purchaser must be provided the residential assessment ration and a
formula by which the estimated property taxes can be calculated for the
current year
h. In bold face type, the seller must provide the purchaser the following
statement in writing:
i. THIS ESTIMATE ONLY PROVIDES AN ILLUSTRATION OF
THE AMOUNT OF THE NEW PROPERTY TAXES THAT
MAY BE DUE AND OWING AFTER THE PROPERTY HAS
BEEN REASSESSED AND, IN SOME INSTANCES,
RECLASSIFIED AS RESIDENTIAL PROPERTY. THIS
ESTIMATE IS NOT A STATEMENT OF THE ACTUAL AND
FUTURE TAXES THAT MAY BE DUE. FIRST YEAR
PROPERTY TAXES MAY BE BASED ON A PREVIOUS
YEAR'S TAX CLASSIFICATION, WHICH MAY NOT
INCLUDE THE FULL VALUE OF THE PROPERTY AND,
CONSEQUENTLY, TAXES MAY BE HIGHER IN
SUBSEQUENT YEARS. A SELLER HAS COMPLIED WITH
THIS DISCLOSURE STATEMENT AS LONG AS THE
DISCLOSURE IS BASED UPON A GOOD -FAITH EFFORT TO
PROVIDE ACCURATE ESTIMATES AND INFORMATION.
https://www.leg.colorado.gov/sites/default/fi les/2021 a_ 262_signed.pdf
10. Sellers Property Disclosure: On or after January 1, 2024, owners of residential real
property that are selling their home and are located within a metropolitan district that
was organized on our after January 1, 2000, must provide the purchaser of the
property with the official website established by the metropolitan district. This
information shall be provided on the Colorado Real Estate Commission Approved
5/14/23
Sellers Property Disclosure or other concurrent writing.
https://leg.colorado.gov/sites/default/files/2023a_ 110 signed.pdf
5/14/23
Broe
Real Estate Group
252 Clayton Street
Denver, Colorado 80206
303.398.4575
BroeRealEstate.com
June 10th, 2024
Weld County Commissioners
1150 O Street
Greeley, CO 80631
Re: PUD Proposal
Dear Weld County Commissioners —
Broe Real Estate Group appreciates the opportunity to provide comments regarding the Weld
County PUD proposal. More importantly, we appreciate both staff and commissioners putting
forward more thoughtful and considerate options for development processes moving forward.
The Broe Real Estate Group is committed to investing in Weld County, and we are thankful for
the work and effort to partner with members of the development community on solutions to bring
meaningful economic development opportunities for the County.
First and foremost. we respectfully request the commissioners reject Option 1 within the staff
presentation — which would effectively eliminate the viability of many beneficial
industrial/commercial and residential projects moving forward. Removing the option for new
PUDs altogether without a sufficient replacement process could not only negatively impact the
future of Weld County's economic growth; but it also unfairly ignores other important options and
tools — such as design standards, approval criteria, and metro district service plans all of which
can mutually benefit the larger Weld County community and property owners alike.
In lieu of pursuing Option 1, we ask the commissioners to consider many of the tools and policy
levers that are identified in Options 2 and 3. which include leveraging important design
standards, implementing metro district services and awareness, and creating approval criteria
that is readily understood by all parties. As with any other land use application, the
commissioners can approve and deny applications on a case -by -case basis.. and we appreciate
and respect this important role held by the commissioners.
Finally, we encourage the commissioners to partner with metro district experts in developing
processes and plans for future land use applications. The use of metro districts can sufficiently
address many of the concerns brought up by commissioners on service standards and
expectations, and we hope the commissioners will continue to leverage the expertise of metro
district professionals during this important conversation.
Sincerely,
Marc Savela
SVP Development
r
Dean Brown
SVP Industrial
1
Journey Homes
Building your future together.
&J Construction
June 10, 2024
Board of County Commissioners
Weld County Administration Office
1150 St. Greeley, CO 80631
Dear Board of County Commissioners:
LARRY S. BUCKENDORF, JD
GENERAL COUNSEL
Re: Weld County PUD Proposal
The PUD proposals before you today will have a significant impact on the development
community and economic potential in Weld County.
Journey Homes respectfully requests the Board reject Option 1, which would eliminate
many beneficial industrial/commercial and residential projects in Weld County. Rather, we would
support and encourage the commissioners to consider the more practical alternatives in Options 2
or 3. These options leverage effective tools such as metro districts, design standards, and approval
criteria, all of which are good policy levers to shape development options moving forward in Weld
County.
Further, we encourage the commissioners to consider the alternative options presented that
provide a more fair and predictable application process for land use applications. We respect and
appreciate the role of Weld County Commissioners in approving and denying applications on a
case -by -case basis, all based on sound and adequate approval criteria understood by all parties.
Finally, we encourage the commissioners to work closely with metro district experts first
before making decisions on major land use policy. Metro districts are crucial in addressing service
concerns, and we would encourage you to partner with metro district experts moving forward on
such important policy considerations.
Sincerely,
Larry . Buckendorf
7251 W. 20TH ST.. BLDG. L. STE 200 • GREELEY. COLORADO 80634
PHONE: (970) 352-7072 • FAX: (970) 330-5357
EXHIBIT
WESTSIDE INVESTMENT PARTNERS, INC.
4100 East Mississippi Avenue, Suite 500 Denver, CO 80246 p 303.984.9800 f 303.984.9874
June 10th, 2024
Weld County Commissioners
Weld County Administration Building
1150 O St. Greeley, CO 80631
Re: PUD Chapter 27 Proposal
Dear Board of County Commissioners -
Westside Investment Partners appreciates the opportunity to provide comments on the
proposed PUD regulations before you today. As many of you know, our group has been active
participants in this process, and we have considerable investment at stake in the future of
Weld County.
As background, Westside has been working with Weld County staff and leadership for nearly
two years on our desire to eventually build on land Westside owns in far southwest Weld
County. Importantly, our team had been faithfully working with county planning staff regularly
since the fall of 2022 on the feasibility of a potential development project. During our
discussions with staff in 2022 and 2023, we were advised to delay filing for a PUD application,
as a new process for land use applications was being developed which would be "cleaner and
less confusing" for applicants moving forward.
Unfortunately, this new application process never came to fruition, and we only learned of an
entirely new proposal to remove PUDs altogether from the development code in November of
2023. Since then, we have actively expressed our concerns regarding this proposal at
numerous public hearings and working sessions. This includes our comments at the planning
commission (which unanimously recommended denial of the PUD removal without a
replacement process), first reading, second reading, and multiple meetings with
commissioners and staff leading up to the proposals that have been put forth before you
today.
In short, Westside has committed a considerable amount of time, effort, and financial
resources over the last two years with a mutually beneficial goal of investing into the future of
Weld County. To that end, we would like to express our support and appreciation for staff and
the commissioners bringing forward more sensible and reasonable options for land use
processes.
Leveraging tools such as metro district services, design standards, and approval criteria are
good policy levers to shape development options moving forward. We also encourage the
Commissioners to work closely with experts on how to leverage metro district tools, which
can go a long way addressing many of the service and expectation concerns brought up by
County leaders. Both Options 2 and 3 in the staff presentation are good policy options to
move forward to a create a predictable and fair land use process that has clear expectations
for the development community and respects the role of commissioners in approving or
denying land use applications on a case -by -case basis.
Most importantly, we respectfully request that you reject Option 1 within the staff
presentation — which would effectively eliminate the viability of many beneficial
industrial/commercial and residential projects moving forward. Removing the option for new
PUDs altogether is not only misguided policy that could negatively impact the future of Weld
County's economic growth, but it also unfairly ignores other important options and tools —
such as design standards, approval criteria, and metro district service plans - all of which can
mutually benefit the larger Weld County community and property owners alike.
Again, we appreciate the thoughtful time, consideration, and input from staff and
commissioners to present alternative options for land use processes aside from simply
removing all PUDs moving forward. We look forward to partnering and working closely with
Weld County leadership on being good stewards and neighbors, while also investing
incredibly important economic development potential into the County.
Please do not hesitate to reach out with any other questions or concerns, and we thank you
for your consideration of these comments.
Sincerely,
Matt Hengel
Westside Investment Partners
EXHIBIT
Robbins Contracting, LLLP
28942 County Road 15
Windsor, CO 80550
Phone: (970) 473-6770
E -Mail: info@robbinscontracting.com
www.robbinscontracting.com
6 16
Y
11714OBBINS
CONTRACTING
D E s"1 CC1\k • BUILD
June 10, 2024
Re: Ordinance2023-18
To Whom it May Concern:
We've recently been subject to a denial in an application for a PUD in Weld County due to the county's upcoming
change in the development code.
We were surprised to hear this considering the ramifications that this has on future growth in Weld County.
Eliminating the PUD classification limits all development in Weld County to either be large rural 35 ac parcels,
subdivide into Minor Subdivisions, or develop into high density subdivisions that are annexed into municipalities.
From a developer's perspective, it is not economically feasible to develop acreage style lots into a maximum 9 lot
Minor Subdivision classification at the urban level standards without the use of septic systems. The high expense
of a sewer line essentially omits an acreage -style Minor Subdivision as an option. This will of course drastically
affect the supply of acreage lots in Weld County in the future and will ultimately change the affordability of
acreage properties. Is this the intent of Weld County?
Our company focuses on high -end custom home estate acreages. The biggest demand for this product is between
3 and 10 acres. Economically, developing these types of lots only makes sense on a septic system. By eliminating
the PUD option, there is no option for septic systems in any development option offered by Weld County. Is the
intent of Weld County to discourage the growth of these estate -style properties? If so, why? These estate
properties will have substantially less crime, lower density to manage, and will bring higher property value to
Weld County.
We strongly oppose Weld County's decision to eliminate PUD's without an answer to accommodate estate style
developments on septic systems.
Respectfully,
Tyler Robbins, EIT
President
Robbins Contracting
1
June 10th, 2024
Board of County Commissioners
Weld County Administration Office
1150 St. Greeley, CO 80631
Re: Weld County PUD Proposal
Dear Weld County Commissioners -
On behalf of Brookfield Properties, we appreciate the commissioners and staff bringing
forth several options for development processes that are more thoughtful and considerate
for property owners and the development community in Weld County. Leveraging tools
such as metro district services, design standards, and approval criteria (such as those
identified in options 2 and 3) are good policy levers to shape development options moving
forward.
More importantly, we respectfully request the commissioners reject Option 1 within the
staff presentation - which would effectively eliminate the viability of many beneficial
industrial/commercial and residential projects moving forward. Instead of eliminating all
PUD options moving forward, we encourage you to dig deeper into the alternative options
presented to you that provide a more fair and predictable application process for land use
applications into the future. We respect and appreciate the role of Weld County
Commissioners in approving and denying applications - on a case -by -case basis -
grounded within sound and adequate approval criteria that is understood by all parties.
Finally, before making and major decisions on future land use policy, we also encourage
the Commissioners to first work closely with experts on leveraging metro district tools,
which can go a long way in addressing many of the service and expectation concerns
brought up by County leaders.
Thank you for the opportunity to provide these comments, and we appreciate all of your
time and consideration.
Sincerely,
Peter Lauener
AGPROfessionals
DEVELOPERS OF AGRICULTURE
June 11, 2024
Weld County Board of Commissioners
1 150 O Street
Greeley CO 80632
RE: ORD2023-18 — 2nd Reading, Chapter 27 Planned Unit Developments (PUDs)
Dear Weld County Board of Commissioners,
The PUD Ordinance before you will have a significant impact on the landowners of Weld
County. We appreciate the commissioners and staff for presenting various options for
development processes that are more considerate of property owners and the development
community in Weld County. Utilizing tools like metro district services, design standards, and
approval criteria are effective policy measures to influence future development options.
We respectfully request the commissioners reject Option 1 (removal of new PUD development
options), as presented at the May 20th stakeholder meeting. Option 1 would effectively eliminate
the viability of many beneficial industrial/commercial and residential projects moving forward.
Removing the option for new PUDs altogether is not only misguided policy that could negatively
impact the future of Weld County's economic growth, but it also unfairly ignores other important
options and tools — such as design standards, approval criteria, and metro district service plans —
all of which can mutually benefit the larger Weld County community and property owners alike.
AGPROfessionals encourages you to further explore the alternative options available to you,
which offer a fair and predictable process for future land use applications. We respect and
appreciate the role of Weld County Commissioners in approving and denying applications on a
case -by -case basis, based on well-defined approval criteria that are understood by all parties.
Before making any major decisions on future land use policy, we also encourage the
Commissioners to first work closely with experts on leveraging metro district tools, which can
go a long way in addressing many of the service and expectation concerns brought up by County
leaders.
AGPROfessionals would recommend either Option 2 (amend ORD2023-18 to allow PUDs with
additional design criteria) or Option 3 (reinstate Chapter 24 — Major Subdivisions) as both would
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 1 970-535-9318 office 970-535-9854 fax
Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208-595-5301
www.agpros.com
Page 2 of 2
be viable options. We appreciate the opportunity to take part in long-range planning discussions
that will have a long-lasting impact on Weld County and our rural citizens.
Sincerely,
kte6ceu Kntwoort
Kelsey Bruxvoort, Planning Manager
AGPROfessionals
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 1970-535-9318 office 970-535-9854 fax
Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 208-595-5301
www.agpros.com
WELD COUNTY
CODE ORDINANCE 2023-18
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 27
PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
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, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 27 Planned Unit Development of the Weld County
Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
Repeal Chapter 27 in its entirety and Reenact with the following:
ARTICLE I - General Provisions
Sec. 27-1-10. Definitions.
Italicized words and phrases in this chapter shall have the meanings stated in
Section 24-1-40, Definitions, of Chapter 24 of this Code.
Sec. 27-1-20. Enforcement.
A. The County, through its Department of Planning Services or other departments so
authorized, may enforce this Chapter and the regulations found on Planned Unit
Development (PUD) plats and approving resolutions through methods included in Article X
of Chapter 23 of this Code or through other methods adopted by the Board of County
Commissioners.
Any subdivider, or agent of a subdivider, who transfers, sells, agrees to sell or offers to
sell any subdivided land before a final plat for such subdivided land has been approved
PAGE 1
2024-**
ORD2023-18
by the Board of County Commissioners and recorded or filed in the office of the County
Clerk and Recorder shall be guilty of a misdemeanor and shall be subject to a fine of not
more than one thousand dollars ($1,000.00) nor less than five hundred dollars ($500.00)
for each parcel or interest in subdivided land which is sold or offered for sale. All fines
collected shall be credited to the general fund of the County.
C The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider or developer from selling, agreeing to sell, or offering to sell subdivided land
before a final plat for such subdivided land has been approved by the County in
accordance with this Chapter 27 and recorded with the Office of the Weld County Clerk
and Recorder in accordance with Section 30-28-110(4), C.R.S.
Sec. 27-1-30. Zone changes to Planned Unit Development discontinued.
A. No applications to change the zoning of a property to PUD shall be accepted.
B. This section shall not be deemed to prohibit amendments to approved PUDs.
Sec. 27-1-40. Properties approved for PUD zoning without recorded PUD zoning plats.
If the conditions of approval of a PUD Change of Zone have not been met and the PUD
zoning plat has not been approved for recording by the Department of Planning Services prior to
December 4, 2023*, the application shall be null and void.
Sec. 27-1-50. Unplatted property zoned PUD.
A. For any property with an approved and recorded PUD zoning plat for which a complete
PUD final plan application has not been submitted prior to July 26, 2024'k-, the Board shall
revoke the PUD zoning and order the property's zoning to be reverted to the prior zone
district.
B. For any property with an approved and recorded PUD zoning plat for which a complete
PUD final plan application has been submitted prior to July 26, 2024*, all conditions of
approval must be met and the final plat submitted for recording prior to the deadline given
in the staff letter or the Board resolution of approval or extension, or the Clerk to the Board
shall schedule a public hearing before the Board of County Commissioners. The property
owner shall be notified at least fifteen (15) days prior to the hearing. If the Board
determines that conditions supporting the original approval have changed or that the
property owner is unwilling or unable to meet the conditions of approval and implement
the PUD, the Board may, after a public hearing, rescind the approval, revoke the PUD
zoning, and order the property's zoning to be reverted to the prior zone district.
C No building permits shall be issued and no development, including grading, shall
commence on a property in the PUD zone district until a PUD final plan is approved and
the final plat recorded in accordance with this Chapter 27.
PAGE 2
2024-**
ORD2023-18
Sec. 27-1-60. PUD final plan submittals for phased PUDs.
A. Where a PUD final plan has been approved and recorded for a phase or a portion, but not
the entirety, of a PUD zoning plat, final plan submittals for the remaining portion shall be
processed in accordance with this Section 27-1-60.
B. At least one (1) of the proposed roads within the final plan area shall intersect a publicly
maintained road or an existing road within a previously platted portion of the PUD.
C No PUD shall contain any access easements except for the following:
1. Pre-existing access easements for nonresidential purposes such as ditch
maintenance roads or oil and gas facility access roads.
2. Access easements solely for the use of emergency services.
D. An owners association is required and shall be managed by the property owners within
the PUD.
1. The owners association owners association shall be created and all necessary
documents recorded prior to recording of the plat.
2 All outlotsoutlots shall be dedicated to the owners association owners association
on the plat and a deed conveying all outlotsoutlots to the
owners association shall be provided to the Department of Planning Services for
recording with the plat.
E Criteria for approval. The PUD final plan must:
1. 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.
Address to the satisfaction of the Board of County Commissioners the requests
and concerns of any referral agency or mineral interest.
3 Comply with the standards detailed in Articles II and Ill of Chapter 24, Article III of
this Chapter, and this Section 27-1-60.
4 Comply with the recorded PUD zoning plat. Where the PUD zoning plat conflicts
with the provisions of this Chapter or Article Ill of Chapter 24, as determined by the
Board of County Commissioners at the hearing described below, the PUD final
plan shall comply with the PUD zoning plat.
F Procedure. The PUD final plan application shall be processed according to the following
procedure.
1. Prior to submitting an application, the applicant shall submit a Pre -Application
Request Form and meet with the Department of Planning Services to discuss the
PAGE 3
2024-**
ORD2023-18
proposal Following the Pre -Application meeting, the applicant may submit a
complete application electronically
2 The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application Upon determination that
the application is complete, the application fee shall be paid
3 Once the application is deemed complete and the fee paid, the Department of
Planning Services shall send the application to relevant referral agencies for
review and comment as the Planner deems necessary A list of referral agencies
is located in Appendix 23-G of the Weld County Code The failure of any agency
to respond within twenty-one (21) days may be deemed a response with no
concerns All referral agency review comments are considered recommendations
to the County The authority and responsibility for approval or denial of the
application rests with the County
4 The Department of Planning Services shall schedule review of the Utility Plan on
the first available Utilities Coordinating Advisory Committee meeting prior to the
Planning Commission hearing The Utilities Coordinating Advisory Committee
shall review the Utility Plan for compliance with Section 24-3-60 of this Code
5 The Planner will prepare a Staff Report within sixty (60) days of receipt of a
complete application The Staff Report shall contain a recommendation for
approval or denial The Staff Report shall address all aspects of the application,
including, but not limited to, referral agency comments and the regulations
contained in the Weld County Code
6 The Department of Planning Services shall schedule Planning Commission and
Board of County Commissioners public hearings Legal notice, posting, and
surrounding property owner notification of the hearings shall be concurrent
7 Prior to the Planning Commission hearing, the sign posting, legal publication, and
surrounding property owner notification shall be required, as follows
a The Department of Planning Services shall post a sign with case
information on the property under consideration The sign shall be posted
adjacent to, and visible from, a publicly maintained road right-of-way The
Department of Planning Services shall certify that the sign has been posted
fifteen (15) days preceding the Planning Commission hearing date,
evidenced with an affidavit and photograph
b The Department of Planning Services shall arrange for legal notice of the
hearings to be published in the' newspaper designated by the Board for
publication of notices The date of publication shall be at least fifteen (15)
days prior to the Planning Commission hearing
c The Department of Planning Services shall give notice of the application
and the public hearing dates to owners of property within the PUD who are
PAGE 4
2024-**
ORD2023-18
not the applicants and to those persons listed in the application as owners
of property located within five hundred (500) feet of the subject property.
Such notification shall be mailed, first-class, not less than fifteen (15) days
before the Planning Commission public hearing. Inadvertent errors by the
applicant or the Department of Planning Services in supplying such list, or
the Department of Planning Services in sending such notice, shall not
create a jurisdictional defect in the hearing process, even if such error
results in the failure of a surrounding property owner to receive such
notification.
8 The Planning Commission shall consider all aspects of the application, including,
but not limited to, the staff recommendation, referral agency responses, the
application case file, and testimony presented at the public hearing. The Planning
Commission shall recommend approval of the request unless it finds that the
applicant has not met one (1) or more of the applicable requirements of this Code.
9 The Board of County Commissioners shall consider the application and take final
action thereon. The Board of County Commissioners' decision shall consider the
recommendations of the Planning Commission and Planning staff, referral agency
responses, the application case file and facts presented at the public hearing. The
Board shall approve the application unless it finds that the applicant has not met
one (1) or more of the applicable requirements of this Code. The Board shall adopt
a resolution of approval or denial. If the application is denied by the Board of
County Commissioners, refer to Section 2-3-10, Previously denied applications for
land use matters, of this Code.
10. If approved, and upon completion of the conditions of approval, including recording
of the Development and Improvements Agreement per Section 24-2-40 of this
Code, and acceptance of the draft plat by the Department of Planning Services,
the signed and notarized plat and deed conveying all outlotsoutlots to the owners
association owners association shall be submitted for recording with the recording
fee to the Department of Planning Services.
11. No development, including grading, shall commence prior to recording of a
Development and Improvements Agreement and final plat.
12. The Board of County Commissioners shall have the power to bring an action to
enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided
land before a final plat for such subdivided land has been recorded per
Section 30-28-110(4), C.R.S.
13. All property within the PUD final plat shall comply with the recorded final plat,
including, but not limited to, any development standards or notes on the plat.
Noncompliance shall result in withholding Weld County permits on any affected
property.
14. No building permits shall be issued until the improvements are constructed and
accepted per the terms of the Development and Improvements Agreement.
PAGE 5
2024-**
ORD2023-18
G Submittal requirements. The following application items are required:
1. If the PUD zoning plat requires public water. An executed water service agreement
with the public water provider to serve the development. The agreement shall
demonstrate that the water quality and quantity are sufficient to meet the
requirements of the uses within the development. Documentation shall address
the primary conditions of service, including payment of tap fees, extension of
pipelines and other water service facilities, dedication of water rights, etc., per the
requirements detailed in Section 29-20-304, C.R.S. The agreement and
supplemental documentation shall be reviewed and accepted by the Weld County
Attorney's Office prior to acceptance of the application. If the water service
agreement expires prior to the Board of County Commissioners hearing, the
applicant is responsible for providing an updated agreement prior to the hearing.
2 If the PUD zoning plat requires public sewer. An executed sanitary sewer service
agreement from the public sewer provider to serve the proposed PUD. The
agreement and supplemental documentation shall be reviewed and accepted by
the Weld County Attorney's Office prior to acceptance of the application. If the
sewer service agreement expires prior to the Board of County Commissioners
hearing, the applicant is responsible for providing an updated agreement prior to
the hearing.
3 A recorded agreement with mineral owners associated with the subject property,
if applicable. Such agreement shall stipulate that the oil and gas activities on the
subject property have been adequately incorporated into the design of the PUD.
Alternatively, the applicant shall provide written evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owners on the subject
property.
4. Application Form.
5 Authorization Form, if applicable.
6 Deed identifying the surface estate ownership in the property.
7 Articles of Organization or Incorporation documents if the owner is a business
entity, including Statement/Delegation of Authority documentation for the person
authorized to sign on the corporation's behalf, or trustee documents if the owner is
a trust.
8 A narrative describing the project.
9 Construction schedule showing the approximate dates when construction of the
development is proposed to start and finish. This shall include detailed stages in
which the infrastructure and community amenities will be constructed.
10. A statement describing the method of financing for the development. The
statement shall include the estimated construction cost and proposed method of
PAGE 6
2024-**
ORD2023-18
financing of the infrastructure construction, including, but not limited to, street and
related facilities, water distribution system, sewage collection system, floodplain
protection, stormwater management facilities, and such other facilities as may be
necessary.
11. Phasing plan, if applicable.
12. Final Drainage Report, in accordance with Section 24-3-200 of this Code.
13. Final accepted construction plans, signed and stamped by a registered
professional engineer licensed to do business in the state, shall be required prior
to recording the plat.
14. Final Traffic Impact Study, in accordance with Appendix 8-Q of this Code.
15. Draft of a deed conveying all outlotsoutlots to the owners association owners
association after the final plat is recorded.
16. Draft final plat prepared in accordance with the following requirementsaccording
to the plat roniromor+}c nor Corfinn '�it_'J_7(1 of 4hie (`nrJo �nr! rho fnllnennn
a. The plat shall be prepared by a Professional Land Surveyor licensed to do
business in the state and shall be a neat, clear, legible, and reproducible
document. The plat submitted for recording shall contain the original
signatures and seals in permanent ink.
b The plat shall be delineated in permanent black ink on a dimensionally
stable polyester sheet such as Mylar, or other material as approved in
writing by Planning Staff. The size of each sheet shall be twenty-four (24)
inches in height by thirty-six (36) inches in width, unless otherwise
approved in writing by Planning Staff.
c. The plat shall be titled at the top of each sheet with the name of the PUD
and the case number provided by the Planner, followed by the section,
township, and range, County of Weld, State of Colorado.
d. The plat shall be drawn at a scale of one inch equals one hundred feet (1"
= 100') or one inch equals two hundred feet (1" = 200'). The vicinity map
shall be at a minimum scale of one inch equals two thousand feet (1" _
2,000'). Plats drawn to other scales must be approved, in writing, by
Planning Staff.
e. All work shall comply with the requirements of C.R.S. 38-50-101 and 38-
51-101, et seq.
f All work shall comply with the requirements of the Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers
and Professional Land Surveyors and the Rules of Professional Conduct
PAGE 7
2024-**
ORD2023-18
of the State Board of Registration for Professional Engineers and
Professional Land Surveyors - Board Policy Statement.
All plats shall contain:
1) A north arrow.
2) A statement of known engineering scale and a bar -type scale.
3) A statement defining lineal units.
4) Date of preparation.
5) A legend designating all abbreviations, line types, and symbols.
6) Names, telephone numbers, and addresses of the applicant,
developer, engineer, and surveyor.
7) Sheet numbers, sheet index, and overlapping match lines, if
necessary.
8) All distances shall be shown to the nearest one hundredth (0.01) of
a foot and bearings to the nearest second. All distances shall be
given in ground, not grid, distance.
9) All field -measured dimensions necessary to establish the
boundaries on the ground and all dimensions for newly created lots
necessary to establish the boundaries on the ground.
10) A description of all monuments, both found and set, that mark the
boundaries of the property.
11) Bearing, distance, and curve data for all lot boundaries. All curve
data shall include arc length, radius, central angle, chord bearing,
and chord distance. Boundaries shall be clearly indicated on the
plat. Recorded bearings and distances that vary with measured
bearings and distances shall be shown in parentheses along with
the measured bearings and distances.
12) A basis of bearing statement.
13) Vicinity map delineating the subdivision boundary with respect to
adjacent roads, municipal limits, ditches, railroads, floodplain
boundaries, etc., which shall be labeled. The subject section and
dashed quarter section lines shall be shown and labeled.
14) A scale drawing of all boundaries of the entire subject property on
one (1) sheet and written property description of the exterior
PAGE 8
2024-**
ORD2023-18
boundary of the subject property, including the acreage to the
nearest one -hundredth (0.01) of an acre.
15) The reception number of the most recent deed for the subject
property.
16) A list of the history of deeds, land divisions, and amendments that
resulted in the creation of the parent parcel, with references to
reception numbers, recording dates, and case numbers, as
applicable.
17) The exterior boundary shall be tied to two (2) or more monumented
public land survey monuments.
18) All recorded and apparent easements and rights -of -way, including
the purpose, width, and location of all existing and proposed
easements located on the property. A plat note may be necessary
to provide complete information of the purpose of the easement.
Proposed easements shall have bearings, distances, and curve
data sufficient to allow them to be established on the ground.
19) Any conflicting boundary evidence (fences, conflicting monuments,
physical features, etc.).
20) The location of any oil and gas facilities, described by longitude and
latitude.
21) Hydrologic features, including, but not limited to, irrigation canals
and ditches on the subject property.
22) The limits of any 500 -year and 100 -year Special Flood Hazard Area
on the subject property.
23) Applicable plat certificates provided by the Department of Planning
Services.
24) Plat notes provided by the Department of Planning Services.
25) Metes and bounds legal description of the subject property with
closure statement and total acreage. The exterior boundary of the
PUD final plat and boundaries of all lots and outlots shall have a
closure accuracy of one -hundredth (0.01) foot.
26) A land use table that details the total number and total acreage of
lots, outlots, and blocks, total acreage of road rights -of -way, total
number of dwelling units for residential lots, dwelling unit density
per acre, floor area ratio for commercial or industrial lots, and total
acreage of each different land use area.
PAGE 9
2024-**
ORD2023-18
27) Blocks numbers shall be shown and labeled in ascending numerical
order beginning with "Block 1." Lot numbers in each block shall be
shown and labeled in ascending numerical order beginning with
"Lot 1." Outlots shall be shown and labeled alphabetically starting
with "Outlot A." All lots and outlots shall be labeled with their areas
in square feet and acreage to the nearest one -hundredth (0.01) of
an acre, or a table with areas shall be provided.
28) Transportation. The transportation network, internal connectivity,
and external connections to existing, publicly maintained roads
shall be shown and labeled, including, but not limited to, the
location, names, widths, and centerlines of all existing and
proposed rights -of -way. For existing rights -of -way, the physical
location of the road and right-of-way creation documentation shall
be included.
a Metes and bounds legal description of the subject property with closure
statement and total acreage. The exterior boundary of the PUD final plat
and boundaries of all lots and outlots shall have a closure accuracy of
one -hundredth {0.01) foot.
b. A land use table that details the total number anc total acreage of lots,
outlots, and blocks, tote acreage of road rights -of -way, total number of
dwelling units for r
land use area.
c Blocks numbers
beginning with "Block 1." Lot numbers in each block shall be shown and
labeled in ascending numerical order beginning with "Lot 1." Outlots sha I
outlots shall be labeled with their areas in square feet and acreage to the
nearest one hundredth (0.01) of an acre, or a table with areas shall be
provided.
d-. Transportation. The transportation network, internal connectivity, and
and labeled, inducing, but not lir i:ec to, the location, names, widtis, anc
centerlines of all existing and proposed rights of way. For existing
the road and right-of-way creation
the public in accordance with Section 24-3-160 of this Code. Sidewalks,
curbs, and gutters within with the PUD shall be shown on a typical
cross-section on the plat.
17. Utility plan with list of utility service providers and their contact information.
i
18. Existing site conditions map. Show and label the physical characteristics and
natural site constraints natural site constraints of the property and existing on -site
PAGE 10
2024-**
ORD2023-18
structures, oil and gas facilities, irrigation equipment, ditches, or laterals, utility
lines, natural gas pipelines, overhead lines, railroads, etc.
19. Site improvements plan. Show and label the anticipated amenities, including, but
not limited to, mailbox pedestals, development identification signs, bus stop
shelters, parks, common open space common open space, and conservation
areas, if any. For all improvements to be managed by the owners association
owners association, include an installation schedule.
20
areas.
RENUMBER REMAINING.l
21. Mineral estate interest contact information and written certification required by
Section 24-65.5-103.3, C.R.S., if applicable and if not previously provided with the
PUD zoning plat. Such certification may be submitted on or before the date of the
initial public hearing referred to in Section 24-65.5-103(1), C.R.S.
22. An agreement with the school district for land dedication or cash -in -lieu payment
that satisfies the requirements in Sections 30-28-133 (4)(a) and (4.3), C.R.S. A
copy of the executed agreement or receipt for paid cash -in -lieu will be required as
a condition of approval.
23. Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to be adopted for
the PUD.
24. A signed buffer report and affidavit of the names, addresses, and parcel numbers
of the surrounding property owners within five hundred (500) feet of the subject
property. The buffer report shall be prepared no more than thirty (30) days prior to
submittal.
25. A title product, sometimes referred to as a "preliminary title report" or an
"informational commitment," issued by a title insurance agency, agent, or company
registered with the state, that includes a legal description and date of the report
(typically on "Schedule A") and a list of exceptions (typically on "Schedule B" or
"Schedule B-2").The title product shall be dated no more than thirty (30) days prior
to submittal.
26. A signed Statement of Taxes from the County Treasurer showing no delinquent
property taxes for the subject property. The Statement shall be from the previous
tax year.
27. Application fee.
28. Any other items deemed necessary by Weld County staff.
ARTICLE II - Amendments to Existing PUDs
Sec. 27-2-10. Overview of PUD amendments.
PAGE 11
2024-**
ORD2023-18
A 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.
B The proposed amendment shall maintain compatibility within the PUD and to adjacent
surrounding uses, as determined by the Board of County Commissioners.
C The proposed amendment shall not create or increase any nonconformity.
D Any change to the allowed uses or setbacks within a PUD requires the signatures of all
owners of property within the PUD on the application or authorization form for the
amendment and, if approved, all owners must sign an affidavit on a form provided by staff
acknowledging the allowed uses or setbacks. The affidavit and Board's resolution will be
recorded by the Department of Planning Services at the expense of the applicant.
E 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.
F Platted PUD lots may not be further subdivided.
G 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.
H The exterior boundaries of a PUD shall not be changed by any amendment.
I 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 this Code, by following the process in Division 1, Article II,
Chapter 23. Approval 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. Otherwise, it would be treated as a Major Subdi-vi-lion. Amendments to such final
plats would follow the resubdivision process in Article IX of Chapter 24 of this Code.
J 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 this 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.
K Criteria for approval. The PUD amendment must:
1. Maintain compatibility within the PUD and to adjacent surrounding uses.
PAGE 12
2024-**
ORD2023-18
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
3 Address to the satisfaction of the Board of County Commissioners the requests
and concerns of any referral agency or mineral interest
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
5 Be consistent with the efficient development and 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
7 Not be granted solely to confer a special benefit upon any person
Sec 27-2-20 Amendments to PUD zoning.
A Prior to submitting an application, the applicant or applicant's representative shall submit
a Pre -Application Request Form and meet with the Department of Planning Services to
discuss the proposal Following the Pre -Application meeting, the applicant may submit a
complete application electronically
B Submittal requirements The following application items are required
1 Application Form
2 Authorization Form, if applicable
3 Deed identifying the surface estate ownership in the property
4 Articles of Organization or Incorporation documents if the owner is a business
entity, including Statement/Delegation of Authority documentation for the person
authorized to sign on the corporation's behalf, or trustee documents if the owner is
a trust
5 Questionnaire as required in the application packet
6 A signed buffer report and affidavit of the names, addresses and parcel numbers
of the surrounding property owners within five hundred (500) feet of the PUD The
buffer report shall expire thirty (30) days from preparation '
7 A signed Statement of Taxes from the County Treasurer showing no delinquent
property taxes for all property within the PUD The Statement shall be from the
current tax year
PAGE 13
2024-**
ORD2023-18
8 Any other item(s) deemed necessary by the Departments of Planning Services,
Public Works, or Public Health and Environment, Environmental Health Services
Division
9 A written description of the uses to be allowed within the PUD or the change in
required setbacks The description may reference uses permitted within zone
districts described in Article Ill of Chapter 23 of this Code If approved, such uses
shall be considered uses by right Certain uses may require subsequent submittal
and approval of a Site Plan Review as described in Section 23-2-150 B of this
Code
10 Application fee
C Procedure The application shall be processed according to the following procedure
1 The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application Upon determination that
the application is complete, the application fee shall be paid
2 Once the application is deemed complete and the fee paid, the Department of
Planning Services shall send the application to relevant referral agencies for
review and comment as the Planner deems necessary A list of referral agencies
is located in Appendix 23-G of the Weld County Code The failure of any agency
to respond within twenty-one (21) days may be deemed a response with no
concerns All referral agency review comments are considered recommendations
to the County The authority and responsibility for approval or denial of the
application rests with the County
3 The Planner will prepare a Staff Report within sixty (60) days of receipt of a
complete application The Staff Report shall contain a recommendation for
approval or denial The Staff Report shall address all aspects of the application,
including, but not limited to, referral agency comments and the regulations
contained in the Weld County Code
4 The Department of Planning Services shall coordinate with the Clerk to the Board's
office to schedule a hearing before the Board of County Commissioners
5 Prior to the Board of County Commissioners hearing, sign posting, legal
publication, and surrounding property owner notification shall be required, as
follows
a Planning staff shall post a sign with case information on the subject
property The sign shall be posted adjacent to, and visible from, a publicly
maintained road right-of-way In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one (1) sign shall
be posted in the most prominent place on the property and a second sign
shall be posted where a driveway (access drive) intersects a publicly
maintained road right-of-way Planning staff shall certify that the sign has
PAGE 14
2024-*"
ORD2023-18
been posted the fifteen (15) days preceding the hearing date, evidenced
with an affidavit and photograph
b The Clerk to the Board shall arrange for legal notice of the Board of County
Commissioners hearing to be published in the newspaper designated by
the Board for publication of notices The date of publication shall be at least
fifteen (15) days prior to the hearing
c The Clerk to the Board shall give notice of the application and the public
hearing date to those persons listed in the application as owners of property
located within five hundred (500) feet of the PUD Such notification shall be
mailed, first-class, not less than fifteen (15) days before the scheduled
public hearing Inadvertent errors by the applicant or the Department of
Planning Services in supplying such list, or the Clerk to the Board in
sending such notice, shall not create a jurisdictional defect in)thehearing
process, even if such error results in the failure of a surrounding property
owner to receive such notification
6 The Board of County Commissioners shall consider the application and take final
action thereon The Board of County Commissioners' decision shall consider the
recommendation of the Planning staff, referral agency responses, the application
case file, and facts presented at the public hearing The Board of County
Commissioners shall approve the application, unless it finds that the applicant has
not met one (1) or more applicable requirements of this Chapter
7 If approved, the Plannershall provide the applicant the affidavit acknowledging the
allowed uses or amended setbacks The affidavit must be signed by all owners of
property within the PUD as of the date of approval and returned to the Planner for
recording, along with the recording fee The amendment shall not take effect until
the affidavit is recorded by the Department of Planning Services The Board
resolution shall be recorded as well
8 If the completed affidavit has not been submitted to the Planner within sixty (60)
days of the date of approval, the application may be forwarded to the Board of
County Commissioners for reconsideration The applicant 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
Sec 27-2-30 Amendments to PUD final plans and final plats.
A Prior to submitting an application, the applicant shall submit a Pre -Application Request
Form and meet with the Department of Planning Services to discuss the proposal
B Following the Pre -Application meeting, the applicant may submit a complete application
electronically The following application items are required
1 Application Form
2 Authorization Form, if applicable
PAGE 15
2024-**
ORD2023-18
3 Deed identifying the surface estate ownership in the property.
4 Articles of Organization or Incorporation documents if the owner is a business
entity, including Statement/Delegation of Authority documentation for the person
authorized to sign on the corporation's behalf, or trustee documents if the owner is
a trust.
5 Questionnaire as required in the application packet.
6 A draft final plat prepared in accordance with the following requirementsaccording
to the plat requirements per Section 24-2-70 of this Code, unless the amendment
is for the sole purpose of removing building envelopes or septic envelopes.
a The plat shall be prepared by a Professional Land Surveyor licensed to do
business in the state and shall be a neat, clear, legible, and reproducible
document. The plat submitted for recording shall contain the original
signatures and seals in permanent ink.
b The plat shall be delineated in permanent black ink on a dimensionally
stable polyester sheet such as Mylar, or other material as approved in
writing by Planning Staff. The size of each sheet shall be twenty-four (24)
inches in height by thirty-six (36) inches in width, unless otherwise
approved in writing by Planning Staff.
c. The plat shall be titled at the top of each sheet with the name of the PUD
and the case number provided by the Planner, followed by the section,
township, and range, County of Weld, State of Colorado.
d. The plat shall be drawn at a scale of one inch equals one hundred feet (1"
= 100') or one inch equals two hundred feet (1" = 200'). The vicinity map
shall be at a minimum scale of one inch equals two thousand feet (1" =
2,000'). Plats drawn to other scales must be approved, in writing, by
Planning Staff.
e All work shall comply with the requirements of C.R.S. 38-50-101 and 38-
51-101, et seq.
f. All work shall comply with the requirements of the Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers
and Professional Land Surveyors and the Rules of Professional Conduct
of the State Board of Registration for Professional Engineers and
Professional Land Surveyors - Board Policy Statement.
g All plats shall contain:
1) A north arrow.
2) A statement of known engineering scale and a bar -type scale.
PAGE 16
2024-**
ORD2023-18
3) A statement defining lineal units.
4) Date of preparation.
5) A legend designating all abbreviations, line types, and symbols.
6) Names, telephone numbers, and addresses of the applicant,
developer, engineer, and surveyor.
Sheet numbers, sheet index, and overlapping match lines, if
necessary.
8) All distances shall be shown to the nearest one hundredth (0.01) of
a foot and bearings to the nearest second. All distances shall be
given in ground, not grid, distance.
9) All field -measured dimensions necessary to establish the
boundaries on the ground and all dimensions for newly created lots
necessary to establish the boundaries on the ground.
10) A description of all monuments, both found and set, that mark the
boundaries of the property.
11) Bearing, distance, and curve data for all lot boundaries. All curve
data shall include arc length, radius, central angle, chord bearing,
and chord distance. Boundaries shall be clearly indicated on the
plat. Recorded bearings and distances that vary with measured
bearings and distances shall be shown in parentheses along with
the measured bearings and distances.
12) A basis of bearing statement.
13) Vicinity map delineating the PUD boundary with respect to adjacent
roads, municipal limits, ditches, railroads, floodplain boundaries,
etc., which shall be labeled. The subject section and dashed quarter
section lines shall be shown and labeled.
14) A scale drawing of all boundaries of the entire subject property on
one (1) sheet and written property description of the exterior
boundary of the subject property, including the acreage to the
nearest one -hundredth (0.01) of an acre.
15) The reception number of the most recent deed for the subject
property.
16) A list of the history of deeds, land divisions, and amendments that
resulted in the creation of the parent parcel, with references to
reception numbers, recording dates, and case numbers, as
applicable.
PAGE 17
2024-**
ORD2023-18
17) The exterior boundary shall be tied to two (2) or more monumented
public land survey monuments.
18). All recorded and apparent easements and rights -of -way, including
the purpose, width, and location of all existing and proposed
easements located on the property. A plat note may be necessary
to provide complete information of the purpose of the easement.
Proposed easements shall have bearings, distances, and curve
data sufficient to allow them to be established on the ground.
19) Any conflicting boundary evidence (fences, conflicting monuments,
physical features, etc.).
20) The location of any oil and gas facilities, described by longitude and
latitude.
21) Hydrologic features, including, but not limited to, irrigation canals
and ditches on the subject property.
22) The limits of any 500 -year and 100 -year Special Flood Hazard Area
on the subject property.
23) Applicable plat certificates provided by the Department of Planning
Services.
24) Plat notes provided by the Department of Planning Services.
25) The existing lot line to be amended shall be shown with a dashed -
line type and the proposed lot line shall be shown with a solid heavy
line type.
26) The plat shall include the road right-of-way adjacent to the parcel
as well as the physical location of the roadway, and right-of-way
creation documentation. Future right-of-way, if any, shall also be
shown.
7 A signed buffer report and affidavit of the names, addresses and parcel numbers
of the surrounding property owners within five hundred (500) feet of the property.
The buffer report shall expire thirty (30) days from preparation.
8 A signed Statement of Taxes from the County Treasurer showing no delinquent
property taxes for the subject property. The Statement shall be from the current
tax year.
9 Any other item(s) deemed necessary by the Departments of Planning Services,
Public Works, or Public Health and Environment, Environmental Health Services
Division.
10. Application fee.
PAGE 18
2024-**
ORD2023-18
C Procedure The application shall be processed according to the following procedure
1 The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application Upon determination that
the application is complete, the application fee shall be paid
2 Once the application is deemed complete and the fee paid, the Department of
Planning Services shall send the application to relevant referral agencies for
review and comment as the Planner deems necessary A list of referral agencies
is located in Appendix 23-G of the Weld County Code The failure of any agency
to respond within twenty-one (21) days may be deemed a response with no
concerns All referral agency review comments are considered recommendations
to the County The authority and responsibility for approval or denial of the
application rests with the County
3 The Planner will prepare a Staff Report within sixty (60) days of receipt of a
complete application The Staff Report shall contain a recommendation for
approval or denial The Staff Report shall address all aspects of the application,
including, but not limited to, referral agency comments and the regulations
contained in the Weld County Code
4 The Department of Planning Services shall coordinate with the Clerk to the Board's
office to schedule a hearing before the Board of County Commissioners
5 Prior to the Board of County Commissioners hearing, sign posting, legal
publication, and surrounding property owner notification shall be required, as
follows
a Planning staff shall post a sign with case information on the subject
property The sign shall be posted adjacent to, and visible from, a publicly
maintained road right-of-way In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one (1) sign shall
be posted in the most prominent place on the property and a second sign
shall be posted where a driveway (access drive) intersects a publicly
maintained road right-of-way Planning staff shall certify that the sign has
been posted the fifteen (15) days preceding the hearing date, evidenced
with an affidavit and photograph
b The Clerk to the Board shall arrange for legal notice of the Board of County
Commissioners hearing to be published in the newspaper designated by
the Board for publication of notices The date of publication shall be at least
fifteen (15) days prior to the hearing
c The Clerk to the Board shall give notice of the application and the public
hearing date to owners of property within the PUD who are not the
applicants and to those persons listed in the application as owners of
property located within five hundred (500) feet of the subject property Such
PAGE 19
2024-**
ORD2023-18
notification shall be mailed, first-class, not less than fifteen (15) days before
the scheduled public hearing Inadvertent errors by the applicant or the
Department of Planning Services in supplying such list, or the Clerk to the
Board in sending such notice, shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding
property owner to receive such notification
6 The Board of County Commissioners shall consider the application and take final
action thereon The Board of County Commissioners' decision shall consider the
recommendation of the Planning staff, referral agency responses, the application
case file, and facts presented at the public hearing The Board of County
Commissioners shall approve the application, unless it finds that the applicant has
not met one` (1) or more applicable requirements of this Chapter
7 If approved, and upon completion of the conditions of approval and acceptance of
the plat by the Planner, the plat may be submitted for recording with the recording
fee to the Planner 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
8 The foregoing notwithstanding, where the amendment is for the sole purpose of
removing building envelopes or septic envelopes, no plat shall be required and the
Board resolution shall be recorded with the Clerk and Recorder's reception number
and date of recording for the original plat
Sec. 27-2-40. Correction.
Where the original surveyor is not available to sign an affidavit of correction as allowed in
Section 38-51-111(2), CRS, a surveyor may record a new plat for the affected property that
references the original plat and shows the correction, but only to correct the following
A A bearing, distance, or elevation that was omitted or labeled incorrectly
B Text that was misspelled or mislabeled
C An error or omission ascertainable from the data shown on the recorded plat or parcel
described
D An error within a parcel description shown on the recorded plat
All other changes shall require an amendment as described in Section 27-2-20 and/or
Section 27-2-30 of this Chapter
Article Ill — Standards for all PUDs
PAGE 20
2024-*"
ORD2023-18
Sec. 27-3-10. Standards for all PUDs.
Unless stated otherwise on a PUD final plat, zoning plat, or resolution:
A. Properties in PUDs shall comply with applicable provisions of the Weld County Code,
including, but not limited to, Articles II and III of Chapter 24, applicable provisions of
Chapter 23, including, but not limited to, regulations on parking, signage, floodplains, and
minimum distance from oil and gas facilities, and Chapters 29 and 30.
B OutlotsOutlots: No new buildings are allowed on out/otsoutlots. Other structures that are
not fully enclosed, including, but not limited to, loafing sheds, may be permitted on
outlotsoutlots where the PUD allows for agricultural uses. Fences, parking lots, trails, bus
stop shelters, and the like may be permitted on outlotsoutlots. Underground and overhead
utility lines may be permitted on outlotsoutlots provided a Use by Special Review or 1041
Permit is not required. The use of existing buildings on outlotsoutlots shall not be altered
or enlarged, except in accordance with the recorded PUD.
C An owners association owners association is required and shall be managed by the
property owners within the PUD.
1. All outlotsoutlots shall be owned by the owners association in
perpetuity. The owners association owners association shall maintain in perpetuity
all outlotsoutlots and all landscaping outside of buildable lots in a neat, clean, and
healthy condition, including removal of litter and weeds, mowing, fertilizing,
watering, proper pruning, and replacement of diseased and/or dead plants within
one (1) calendar year or within the next growing season, whichever comes first.
2 All internal road rights -of -ways shall be maintained by the owners association
owners association in perpetuity.
D Where the uses in a PUD are not specifically listed but refer to one or more zone districts
in Chapter 23 of this Code, compliance with the bulk standards for the corresponding zone
district is required. (For example, where a PUD zoning plat says Estate zone uses are
allowed, compliance with Section 23-3-440 is required.) Where a PUD refers to multiple
zone districts, the more restrictive bulk standards shall apply.
E Where the uses in a PUD are not specifically listed but refer to one or more zone districts
in Chapter 23 of this Code, the uses allowed in the PUD shall be those uses allowed by
right and accessory uses in the zone district(s) referred to, as listed and defined in Chapter
23. Uses by special review and uses by zoning permit are not allowed in PUDs, unless
the PUD zoning plat specifically allows them. Certain uses may require subsequent
submittal and approval of a Site Plan Review as described in Section 23-2-150.B of this
Code.
F Where a PUD lists uses that are allowed in the PUD, but does not define them, the
definitions in Chapter 23 of this Code, may be used, or, if not defined in Chapter 23,
Planning staff may use a dictionary or a common industry definition.
PAGE 21
2024-**
ORD2023-18
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code, and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid
BE IT FURTHER RESOLVED by the Board that the Pending Ordinance Doctrine, as
recognized by the Colorado Court of Appeals in the case of Cnttenden v Hasser, 41 Colo App
235, 585 P 2d 928 (Colo Ct App 1978), shall apply to this Ord 2023-18, and the Weld County
Department of Planning Services is hereby directed that, beginning this day of First Reading
(December 4, 2023), it accept no applications to change the zoning of a property to PUD pending
the outcome of this Ord 2023-18
The above and foregoing Ordinance Number 2023-18 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of July, A D , 2024
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Kevin D Ross, Chair
Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board
Mike Freeman
APPROVED AS TO FORM
Scott K James
County Attorney
Date of signature
Publication October 25, 2023
First Reading December 4, 2023
Lon Same
PAGE 22
20242'
ORD2023-18
Publication December 10, 2023, in the Greeley Tribune
Second Reading
Rescheduled to March 4, 2024
Rescheduled to June 12, 2024
Publication June 16, 2024
Final Reading July 17, 2024
Publication July 21, 2024
Effective July 26, 2024
PAGE 23
2024-**
ORD2023-18
Cheryl Hoffman
From
Sent
To
Cc
Subject
Attachments
Jim Flesher
Monday, July 1, 2024 8 28 AM
CTB
Maxwell Nader, Elizabeth Relford, Bruce Barker
Ord2023-18 3rd rdg changes
Ord23-18 3rd with changes docx
Good morning, Cheryl
Please see attached for 7/17 We'll have a memo and Powerpoint later
Thanks,
Jim
Memorandum
TO: Board of County Commissioners
FROM: Elizabeth Relford, Interim Director of Planning
Services
Maxwell Nader, Planning Manager
Jim Flesher, Long -Range Planner
DATE: July 17, 2024
RE: ORD2023-18, Chapter 27, Planned Unit
Developments (PUDs), 3rd reading
This ordinance repeals and replaces Chapter 27, PUDs. The following is a list of previous public
meetings (including worksessions) relating to this ordinance and development in Weld County
more generally:
• September 7, 2022 (Chapters 24 & 27 worksession)
• October 3, 2023 (Ord23-17 worksession)
• October 16, 2023 (Ord23-18 worksession)
• December 4, 2023 (Ord23-1 8 first reading)
• December 4, 2023 (subdivisions & PUDs public meeting)
• March 4, 2024 (Ord23-18 second reading — postponed)
• April 11, 2024 (municipal stakeholder public meeting)
• May 20, 2024 (Ord23-18 public meeting)
• June 12, 2024 (Ord23-18 second reading)
Staff has some minor changes to propose for the ordinance for third reading.
1 Section 27-1-40 of the ordinance should be amended to include the date of first reading, which
is the date by which any PUD Change of Zone (PZ/PUDZ) plat must have been approved and
recorded. Staff is aware of one property that was approved for a Change of Zone to PUD for
which the Change of Zone plat was never recorded and that case is now void. This was a
2006 case (PZ-1094). The property remains zoned Agricultural.
2. Section 27-1-50 should be amended to include the effective date of July 26, 2024, in two
places. This is the date by which a complete application for a PUD Final Plan needs to be
submitted for unplatted property zoned PUD (with approved and recorded PUD Change of
Zone plats). This does not apply to Pelican Ranch (Beebe Draw Farms), which is a phased
development covered by Section 27-1-60. Staff is aware of two unplatted properties zoned
PUD for which a PUD Final Plan application was never submitted. PZ-1082 (Kiteley) was
given an extension to apply that expired in 2017. PZ-1071 (Adler) was denied an extension
after several had expired previously. Staff will present these for revocation of the PUD zoning
to return them to the previous zoning at a later date.
Page 1
3 At the time the ordinance was drafted, there were some changes to Chapter 24 that were
included in Ordinance 2023-17, which was withdrawn, that the current ordinance (2023-18)
refers to For example, the new Chapter 27 refers to Chapter 24, Section 24-1-40, for
definitions of words in italics, and 2023-17 would have added definitions for "common open
space", "natural site constraints", "outlots", and "owners association" Since 2023-17 was
withdrawn, these words should not be italicized in Chapter 27
4 Also, Ordinance 2023-17 would have created a new Section 24-2-70 with requirements for all
plats, which Ordinance 2023-18 refers to in Subsections 27-1-60 G 16 and 27-2-30 B 6, so
those subsections need to be amended to include the plat requirements
Staff recommends approval on third reading with these changes
Page 2
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord1nance2023 18
Chapter 27 — Planned Unit Developments (PUDs)
Maxwell Nader, Planning Manager
Elizabeth Relford, Interim Planning Director
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Background/Timeline
• September 7, 2022 - Chapters 24 & 27/Work Session
• October 3, 2023 - Ord2023-17/ Work Session
• October 16, 2023 - Ord2023-18/ Work Session
• December 4, 2023 - First Reading Ord2023-18 - Approved
• December 21, 2023 - Public Meeting
• March 4, 2024 - Second Reading Ord2023-18- Continued
• April 11, 2024 - Public Meeting
• May 20, 2024 - Public Meeting/Work Session
• June 12, 2024 - Second Reading Ord2023-18 - Approved
• July 17, 2024 - Third Reading Ord2023-18
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
• Minor Changes:
1. Section 27-1-40 of the ordinance should be amended to include the date of
first reading, which is the date by which any PUD Change of Zone (PZ/PUDZ)
plat must have been approved and recorded.
2. Section 27-1-50 should be amended to include the effective date of July 26,
2024, in two places. This is the date by which a complete application for a
PUD Final Plan needs to be submitted for unplatted property zoned PUD
(with approved and recorded PUD Change of Zone plats).
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
• Minor Changes:
3. At the time the ordinance was drafted, there were some changes to Chapter
24 that were included in Ordinance 2023-17, which was withdrawn, that the
current ordinance (2023-18) refers to. For example, the new Chapter 27 refers
to Chapter 24, Section 24-1-40, for definitions of words in italics, and 2023-17
would have added definitions for "common open space", "natural site
constraints", "outlots", and "owners association". Since 2023-17 was
withdrawn, these words should not be italicized in Chapter 27.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
• Minor Changes:
4. Ordinance 2023-17 (Chapter 24) would have created a new section with
requirements for all plats, which Ordinance 2023-18 refers to, therefore
certain sections must be amended to include the plat requirements.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
Adopt Ord2023-18 removing new PUDs from development
options with proposed changes.
Existing Land Division/Development options include:
a. 35 -acre lots by deed.
b. Minor Subdivision of up to nine lots with public water.
c. Rural Land Division of up to four lots with public water.
d. Resubdivision to split lots within subdivisions and townsites (up to two new
lots).
e. Family Farm Division (for farms/ranches with at least 37.5 acres to be split
into two lots).
WELD COUNTY GOVERNMENT
vwvw.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
END
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Recommendation ORD2023 18:
Chapter 22 supports adopting Ord2023-18 which removes new PUDs
from development options.
Current Chapter 22 — Comprehensive Plan
Section 22-2-30.B. Locate urban development in urban areas.
3. Urban -scale residential development belongs in municipalities; therefore,
the County shall discourage residential developments with more than nine
lots or an overall density of more than one unit per acre in unincorporated
areas.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Options for ORD2023 18:
1. Adopt Ord2023-18, as presented, removing the option for new PUDs.
(Staff's recommended option)
2. Instruct staff to draft amendments to Ord2023-18 to allow PUDs with
additional design criteria and to require metro district funding to provide urban
services on behalf of the County.
3. Adopt Ord2023-18 removing PUDs from development options but instruct staff
to draft code amendments to reinstate major subdivisions in Chapter 24 and
amend Chapter 22, Comprehensive Plan, to allow urban -scale residential
development.
4. Do not change Chapter 27 from what is in current code.
5. Direct staff to present a cluster development process, per CRS Part 4, Article
28, Title 30 (30-28-401, et seq.) in Chapter 24. (Independent discussion from
Ordinance 2023-18.)
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
35 acre split
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Minor Subdivision
(Estate Residential)
The Estates at Hill Lake
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Minor Subdivision
(Commercial/Industrial)
Weld County Industrial Park
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Rural Land Division
RLDF22 0002
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Resubdivision
Enchanted Hills
_.
rev
}
*_
i
ff
I.
1
•
•
a
•
i
li
6
�.
Sil
4
I
r
♦
•1
_
1
_
r
•14
Itr
r-
•
•
-
IC
I
S.
i
1- -
a
-•
C
( 1
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Family Farm Division
FFD21 0006
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 2
Keep Ord23-18 and amend to
allow PUDs with additional
design criteria and to require
metro district funding to
provide urban services on
behalf of the County.
Proposed Framework:
Policy Concern
Regulatory Toot / Proposal
I) The current PUD process is
too confusing and outdated
for staff and applicants
I.a) Update the development review process with clear land use
code development standards that include open, transparent
approval processes for commissioners, applicants, and
members of the public. Projects with "fatal flaws" would not be
brought forth to the commissioners for review in the first place.
II) No clear definition of
"Urban Development"
II.a) Redefine "urban development" as "modern residential
and/or commercial development" within 3 mites of a
municipality that has the necessary services, such as public
water, sewer, sufficient road access, drainage facilities, and dry
utilities.
III) Concerns pertaining to
future annexation or ability
to annex into a municipality,
or abilityto meet neighboring
municipal roadway, park,
open space standards
iil.a) If there is no ability or desire from
to annex the property as a modern
development, the applicant will provide
neighboring municipality demonstrating
annex the property.
III.b ) The County and the applicant
upon the most likely municipalitythat
the future. For whichever municipality
likely jurisdiction for annexation, then
open space, and park design standards
application (i.e., Ft. Lupton's design
Lupton project, as agreed to by applicant
any nearby municipalities
residential and/or commercial
a letter from the
there is no desire to
wilt work together to agree
would annex the project in
is identified as the most
that jurisdiction's road,
will be used for the
standards for a nearby Ft.
and County).
IV) Ability to provide
water/sewer/utilities
1V.a)
(including
letter"
Applicants will be required to
demonstrates their ability to provide
any necessary upgrades).
from a water/sewer provider
willingness to serve the project and
utility provider would be adequate
purposes of providing basic utilities.
provide documentation that
basic utilities and services
For example, a "can serve
district demonstrating thei r
a letter of agreement from a
documentation for the
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 3
Adopt Ord23-18 removing PUDs from development options but
reinstate Ch. 24 major subdivisions and amend Ch. 22 comprehensive
plan to allow urban scale residential development.
*No major subdivisions have been developed in unincorporated Weld
County since the 1970's. Major subdivisions were removed from the
code in 2020.
WELD COUNTY GOVERNMENT
www.weld.gov
nammusimal
ttnttnttt,
o/aiiis r
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 4:
Keep PUDs as -is; do not amend Chapter 27.
r
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Ord2023 18 Options
Option 5:
Direct staff to adopt the cluster development process, per CRS Part 4,
Article 28, Title 30 (30-28-401, et seq.) in Chapter 24. Independent
discussion from 0rd23-18.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Cluster Development
Shire PUD
ilk
r
v..
A'
I
is an_
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Story Map
• https://gis.weld.gov/portal/apps/dashboards/e9382646e04845d196e
4367f7d9da08b
WELD COUNTY GOVERNMENT
www.weld.gov
16
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Cheryl Hoffman
Wednesday, July 10, 2024 7:32 AM
Maxwell Nader; Jim Flesher; CTB
Elizabeth Relford; Bruce Barker; Karin McDougal
RE: Ord2023-18 3rd rdg changes
Thank you, Max,
I'll incorporate both in the Exhibit listing for third reading.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 0 Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Maxwell Nader <mnader@weld.gov>
Sent: Wednesday, July 10, 2024 7:29 AM
To: Cheryl Hoffman <choffman@weld.gov>; Jim Flesher <jflesher@weld.gov>; CTB <CTB@co.weld.co.us>
Cc: Elizabeth Relford <erelford@weld.gov>; Bruce Barker <bbarker@weld.gov>; Karin McDougal
<kmcdougal@weld.gov>
l @weld .gov>
Subject: RE: Ord2023-18 3rd rdg changes
Cheryl,
Please see updated presentation and memo for ORD2023-18 third reading on July 17, 2024.
Let me know if there is anything else needed.
Jim — please confirm with Cheryl that changes to the draft ordinance look appropriate if you have not already. Thank
you!
Best,
/laxwell Nader
lanning Manager
)ept. of Planning Services
402 N 17th Ave
;reeley, CO 80631
'inader@weld.gov
hone: (970)-400-3527
NELD
WELD COUNTY, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
1
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Wednesday, July 3, 2024 9:39 AM
To: Jim Flesher <*flesher@weld.gov>; CTB <CTB@co.weld.co.us>
Cc: Maxwell Nader <mnader@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Bruce Barker <bbarker@weld.gov>
Subject: RE: Ord2023-18 3rd rdg changes
Good morning, Jim,
Attached please find Ord2023-18 ready for 3rd/Final reading on 7/17. Could you please look it over and make sure I
captured everything? Thanks so much!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Jim Flesher <jflesher@weld.gov>
Sent: Monday, July 1, 2024 8:28 AM
To: CTB <CTB@co.weld.co.us>
Cc: Maxwell Nader <mnader@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Bruce Barker <bbarker@weld.gov>
Subject: Ord2023-18 3rd rdg changes
Good morning, Cheryl:
Please see attached for 7/17. We'll have a memo and Powerpoint later.
Thanks,
Jim
2
Hello