HomeMy WebLinkAbout20250282.tiffMEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: JIM FLESHER, LONG-RANGE PLANNER
DATE: JANUARY 27, 2025
RE: ORDINANCE 2025-01, CHAPTER 27,
PLANNED UNIT DEVELOPMENTS, ARTICLE II,
AMENDMENTS
Chapter 27 was rewritten last year to eliminate new Planned Unit Developments (PUDs), with the
exception of the one phased PUD still to be completely platted: Beebe Draw. Most of Chapter 27
now pertains to that phased PUD and amendments to existing PUDs. At that time, staff proposed
that all owners of property within a PUD should be required to approve of the change to the
allowed uses or required setbacks within their PUD, since the change would affect their property.
In order to be sure all owners approve of the change, the code was written to require that all
owners sign the application and an affidavit acknowledging the change, if approved.
However, it has recently come to light that state law does not permit this requirement. The current
Ordinance 2025-01 would revise Article II of Chapter 27 to allow any owner of property within the
PUD to apply to change the uses and setbacks through a PUDZ amendment. All other property
owners would be notified of the hearing, where they could state their concerns or objections.
The criteria for approval of an amendment to a PUD, which are not proposed to change with this
ordinance are in Section 27-2-10.K:
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.
The last three criteria above come from state statute (CRS 24-67-106(3)(b)).
Staff recommends adoption of the ordinance.
2025-0282
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 PUB requires the signatures of all owners of property
within the PUD on the application er authorization form for the amendment aan-d, 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.
JRELETTER REMAINING.]
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.
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 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.
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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. The applicant must be
an owner of property within the subject PUD at the time of application.
B. Submittal requirements. The following application items are required:
1. Application Form.
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership fn the property.
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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 owners of
property within the PUD and surrounding property owners within five hundred (500) feet of the PUD.
The buffer report shall expire thirty (30) days from preparation.
7. A signet. Statement of Taxes from t le County Treasurer snowing no ce inquent property taxes for a
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.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.
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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 and 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 Clerk to the Board shall submit for recording the resolution signed the Board of
County Commissioners to the Clerk and Recorder.Planner shall provide the applicant the affidavit
acknowledging the allowed uses or amended setbacks. The affidavit must be signed by al -1 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 &hall not take effect until the affidavit is recorded by the Department
of Planning Services. The Board resolution shall be recorded as well.
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.
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5 Questionnaire as required in the application packet
6 A draft final plat prepared in accordance with the following requirements, unless the amendment is for
the sole purpose of removing building envelopes or septic envelopes
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 Ruleslof 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
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
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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.
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 owners of
property within the PUD and surrounding property owners within five hundred (500) feet of the
property. The buffer report shall expire thirty (30) days from preparation.
[NO CHANGES TO REMAINDER OF CHAPTER.]
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