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WELD COUNTY ( d It rvvi 3-1/-R4
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Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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.
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
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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
*, 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 *, 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 *, 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.
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
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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.
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 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 III 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
proposal. Following the Pre -Application meeting, the applicant may submit a
complete application electronically.
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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
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
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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 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.
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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
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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 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
this Code and the following:
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 this Code. Sidewalks,
curbs, and gutters within with the PUD shall be shown on a typical
cross-section on the plat.
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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 this Code 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.
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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 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.
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:
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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 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.
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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 23-2-150.6 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
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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 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.
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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 this Code, 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.
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.
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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
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, shal 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
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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), 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 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 Ill 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.
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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 as 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.
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.
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.
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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.
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
Lori Saine
Date of signature:
Publication: October 25, 2023
First Reading: December 4, 2023
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
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