HomeMy WebLinkAbout20230148.tiffPLANNED UNIT DEVELOPMENT CHANGE OF ZONE
STAFF COMMENTS
Planner: Michael Hall Hearing Date: January 3, 2023
Case Number: PUDZ22-0003
Owners: Lisa Nguyen, Brandon Nguyen, Moriah Nguyen and Amanda Nguyen
1855 Virginia Drive, Fort Lupton, CO 80621
Request: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for six (6)
residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot with A
(Agricultural) Zone District uses.
Legal Lot D of Recorded Exemption RECX20-0040; being a part of the S2N2 of Section 33,
Description: T1 N, R66W of the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to CR 31; approximately 0.5 miles north of CR 2
Total Area: +/- 122.5 acres Parcel Number: 1471-33-1-00-011
The review criteria for this Change of Zone are listed in Section 27-6-120.B.2 of the Weld County Code.
The review criteria for a Cluster PUD are listed in Section 27-10-20 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Xcel Energy Company, referral dated September 13, 2022
• United Power Inc., referral dated September 15, 2022
• City of Brighton, referral dated September 20, 2022
• Colorado Division of Water Resources, referral dated November 2, 2022
• Weld County Oil and Gas Energy Department, referral dated August 30, 2022
• Weld County Department of Public Health and Environment, referral dated August 30, 2022
• Weld County Department of Planning Services — Development Review, referral dated August 25, 2022
• Weld County Department of Planning Services — Building and Addressing, referral dated August 23, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Adams County, referral dated September 2, 2022
• Town of Lochbuie, referral dated August 23, 2022
• Colorado Geological Survey, referral dated September 19, 2022
• Weld County Department of Planning Services — Code Compliance, referral dated August 24, 2022
• Weld County Department of Planning Services — Floodplain Administrator, referral dated August 23, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• PDC Energy, Inc.
• City of Fort Lupton
• Brighton Fire Rescue
• RE -27J School District
• Colorado Parks and Wildlife
• Weld County Attorney's Office
• Brighton Lateral Ditch Company
• West Adams Conservation District
• United States Army Corps of Engineers
• Colorado Department of Public Health and Environment
PUDZ22-0003 — Nguyen
Page 1
CASE SUMMARY:
The subject Change of Zone seeks to rezone a parcel of land from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District. This Change of Zone is the second step of the proposed
Nguyen Cluster PUD, which is comprised of six (6) residential lots, with an average size of three (3)
acres, being located on the eastern side of the Brighton Lateral Ditch, which crosses the property
north/south approximately 0.3 miles west of County Road 31. The PUD also proposes one (1) outlot of
approximately one hundred (100) acres. The residential lots will be zoned PUD with allowed uses and
bulk requirements per the E (Estate) Zone District. The outlot will be zoned PUD with the allowed uses
and bulk requirements per the A (Agricultural) Zone District. No exceptions to the standard zone district
uses or bulk requirements are requested with this PUD. Within either portion of the PUD, only uses by
right, accessory uses and uses by permit may be allowed, except as further refined in the review criteria.
No Uses by Special Review shall be permitted.
The existing uses on the property are consistent with the Estate and Agricultural Zone District uses.
There is one (1) residence, located approximately within the boundary of the western -most proposed
residential lot. There is productive farming located within the boundary of the proposed agricultural outlot.
Each of the other five (5) small lots are envisioned for single family dwelling purposes. No commercial or
industrial activities are proposed within this development. The outlot is intended to be utilized for
agricultural operations and may contain agricultural -exempt structures in support of such agricultural
operations. The property owners intend to retain the water rights and will continue to utilize the outlot for
irrigated agricultural purposes including harvesting hay and corn and raising cattle.
The development is being proposed as a Cluster PUD and is therefore subject to an additional level of
review, as outlined in the PUD Ordinance, being Chapter 27, Article X of the Weld County Code. In
design, a Cluster PUD purposes to encourage development, which fosters continued agricultural land
uses and protects the County's rural character, agricultural heritage and the character of existing
communities while recognizing private property rights. This development mechanism is adopted by Weld
County, as originally sourced from the Rural Land Uses Process and Cluster Development sections of the
Colorado Revised Statutes.
This PUD will be accessed west off County Road 31 by a single internal paved road, located within
proposed right-of-way along the south property boundary. Access to individual lots will occur via
driveways extending north off the road. The road will continue to the last and western -most lot, where a
cul-de-sac will be present and then will continue beyond this terminus as a gravel road, where it crosses
the Brighton Lateral Ditch, thereby providing access to the agricultural outlot.
This PUD is located on land generally one-half (0.5) mile north of the Weld County -Adams County line
and two and one half (2.5) miles east of US Highway 85. The City of Brighton municipal limits are
sporadic in this part of the County. Most proximately, the City limits are located directly east of and
adjacent to the PUD, on the east side of County Road 31, being an area containing large lot, platted
subdivisions, some of which have been constructed. This part of the unincorporated County is
predominately characterized by large, agricultural parcels of land comprised of both irrigated and non -
irrigated farming operations, ditch infrastructure, rural residential properties, oil and gas facilities, and
limited industrial business operations.
This development is not located within the boundaries of a public water provider and is not served by a
public sanitary sewer system. This development is located within the Fort Lupton Coordinated Planning
Agreement (CPA) boundary; however, as it is located south of County Road 6, separate intergovernmental
agreements of which Weld County is not a part, prohibit annexation of these lands into Fort Lupton.
Although the closest municipality is the City of Brighton, there are no adopted intergovernmental
agreements between the County and the City which afford for mutual planning efforts. This development is
not located within a Weld County Opportunity Zone per the Comprehensive Plan.
The applicant has satisfied the requirements of the PUD Sketch Plan process, case number PUDK21-
0004, being the first step of a proposed Planned Unit Development, prior to advancing to the PUD
Change of Zone. A PUD Final Plan application, will be submitted, should this Change of Zone application
be approved.
PUDZ22-0003 — Nguyen
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the PUD Change of Zone application requirements of
Section 27-5-30 of the Weld County Code.
2. The submitted materials are in compliance with the PUD Change of Zone review criteria per Section
27-6-120.B.2 of the Weld County Code as follows:
A. Section 27-6-120.8.2.a - The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Regional
Urbanization Areas) of the Weld County Code.
The Weld County Comprehensive Plan adopted in 2020, codified in Chapter 22 of the Weld
County Code, identifies Guiding Principles, Goals and Objectives to provide direction for land use
decisions. The PUD Change of Zone application has demonstrated consistency with the adopted
Weld County Comprehensive Plan as detailed below.
Section 22-2-30.A.2, being one of the land use goals and objectives, which commit to the
economic future of agriculture, states: "Limit the density and intensity of development to maintain
agricultural areas."
The proposed PUD seeks to develop using the Cluster PUD methodology, which by its design,
has been created to limit the density and intensity of development by limiting the overall
maximum number of lots, by limiting the number of lots based on the overall size of the subject
parcel and by matching the proposed uses to the surrounding existing land uses. Additionally, the
economic future of agriculture is retained by the requirement of the agricultural outlot, which shall
remain free from residential surface development as described elsewhere in this
recommendation. In particular, it is evident that the core purpose of this Cluster PUD is to group
otherwise potentially dispersed lots together, in order to retain a large, functional parcel for
productive agricultural purposes.
Section 22-2-30.C, being one of the land use goals and objectives, states: "Harmonize
development with surrounding land uses."
The PUD is in harmony with surrounding land uses. Three (3) adjacent recorded exemption lots
of similar size and usage are located directly north of the proposed six (6) PUD residential lots.
This lot product is also replicated in the lands east of County Road 31, in developments platted
within the City of Brighton. Furthermore, the existing ditch crossing of the Brighton Lateral will not
be impacted and the agricultural and large open space portion of the subject property will remain
in its present condition.
Chapter 23 details the allows land uses within each of the adopted Zone Districts. The application
does not request to alter any of the uses which are allowed in the base Zone Districts, which have
been selected to support the proposed PUD Zone District. This proposal is consistent with
Chapter 23.
Chapter 24 contains numerous Subdivision Design Standards which are applicable to Planned
Unit Developments per Section 24-4-10 of the Weld County Code. These design and
improvement -based Standards will be reviewed in future PUD Final Plan applications, should this
request be approved. This proposal is consistent with Chapter 24.
Consistency with Chapter 26 (Regional Urbanization Areas), although no longer applicable, is
later reviewed in Section 2.H.7 of this document.
Consistency with Intergovernmental Agreements and Chapter 19 (Coordinated Planning
Agreements) is later reviewed in Section 2.H.8 of this document.
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B. Section 27-6-120.8.2.b - The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the
Weld County Code.
The proposed residential and agricultural uses that will be permitted by the subject PUD Change
of Zone application have demonstrated conformance with select Performance Standards as
outlined in Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the Weld County
Code. In particular, Section 27-2-55 details the Cluster PUD Performance Standard and Section
27-2-76 details the Conservation Easement Performance Standard. The design of this PUD
adheres to both these stated Standards.
C. Section 27-6-120.8.2.c - The uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
The PUD Change of Zone application has demonstrated that the proposed PUD zoning and
requested uses would be in compliance with the existing or future development of the
surrounding area.
The Weld County Department of Planning Services sent notice to eighteen (18) surrounding
property owners within 500 feet of the PUD. No noticed property owner responses were received
back.
Use by right residential and agricultural land uses dominate the area. There are at least five (5)
other platted subdivision in the area and while the majority those subdivisions are located in the
City of Brighton, their lot specifications are relatively consistent with the subject PUD, granted this
PUD is of smaller scale. Other surrounding land uses include predominately large tracts of
irrigated and dryland production agriculture and oil and gas production facilities. There are
sporadic commercial -agriculture and industrial businesses in the area, permitted by several Use
by Special Review permits, but all are at significant distance and beyond view from the PUD,
none of which would impact or would be impacted by the subject development.
D. Section 27-6-120.8.2.d - The PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code.
Per the Weld County Department of Public Health and Environment referral, dated August 30,
2022, the application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210
of the Weld County Code in regard to water and sewer provisions.
Water service to PUD is via proposed individual on -lot wells, located on each of the six (6)
proposed residential lots. The Weld County Attorney's Office has approved this source of water,
as a typical PUD must be served by a public water source. However, as allowed per Section 27-
2-210 of the Weld County Code which states in part: "...An exception may be granted for nine (9)
lots or less residentially clustered PUDs when public water is not available and the residential
PUD results in an intensity of development that preserves and enhances agricultural lands and
production. A PUD applying for an exception to the public water requirement must be considered
a nonurban scale development as defined in this Chapter. A PUD not served by public water shall
preserve a minimum eighty -acre agricultural outlot except for Cluster PUDs...".
Per the Colorado Division of Water Resources referral, dated November 2, 2022: "The ability for
the lots to obtain well permits will be determined at the time [well] permit applications are filed
with and evaluated by the State Engineer's Office." The estimated water demand for each lot is
0.5 acre-feet per year. No material concerns were identified in the referral besides the need to re -
permit an existing water well.
Sewage disposal will be provided by on -site wastewater treatment systems (OWTS) located on
each individual lot. An On -Site Wastewater Treatment System (OWTS) Report completed by High
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Plains Engineering and Design, LLC, dated May 26, 2021, was included with the application and
was accepted by Weld County Department of Public Health and Environment staff. Sanitary
sewer service is not available at this location.
E. Section 27-6-120.8.2.e - The street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
Per the Weld County Department of Planning Services — Development Review Engineer referral
comments, dated August 25, 2022, although County Road 31 (paved) appears to be adequate in
functional classification, width, and structural capacity to meet the potential traffic requirements,
the Town of Brighton has jurisdiction over this roadway. While the City expressed concerns with
compliance with the City's Comprehensive Plan Designation, there were no stated issues with the
roadway functional classification, width, and structural capacity. Additionally, as detailed in the
PUDK application, a Traffic Conformance memorandum, dated April 19, 2021, was requested by
Brighton in lieu of a traffic impact study due to the small development scope. Brighton has not
submitted any comments or concerns with this memo. Post approval of the future PUD Final Plan
application, a right-of-way access permit shall be obtained from the City of Brighton.
F. Section 27-6-120.8.2.f - An off -site road improvements agreement and an on -site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and
a road improvements agreement is complete and has been submitted, if applicable.
An off -site road improvements agreement and on -site improvements agreement will likely be a
required condition of approval for the future PUD Final Plan application.
G. Section 27-6-120.8.2.g - There has been compliance with the applicable requirements contained
in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits,
and soil conditions on the subject site.
The PUD is not located within a Special Flood Hazard Area, Airport Overlay District, Geological
Hazard Overlay District, Historic Townsite Overlay District, 1-25 Overlay District, Agricultural
Heritage Overlay District or Municipal Separate Storm Sewer System (MS4) Area.
The property has mineral resources classified as wind -deposited sands that are unlikely to be
mined per the 1975 Weld County Sand and Gravel Map. It was also identified in the PUDK
application that no commercial mineral deposits are located under the proposed PUD. The
Colorado Geological Survey (CGS) referral response dated September 19, 2022, states no
concerns with this PUDZ application. Similarly, the CGS had no comments on the PUDK
application. The site will be developed in accordance with the Subsurface Investigation and
Foundation Recommendations prepared by High Plains Engineering and Design, LLC, dated
April 22, 2021.
H. Section 27-6-120.8.2.h - Consistency exists between the proposed zone district, uses, the
specific or conceptual development guide.
Consistency exists between the proposed PUD zone district and the Specific Development Guide
as submitted in the application materials. No major inconsistencies were noted. The eight (8)
major components of the PUD, per Section 27-6-30 of the Weld County Code, have been
reviewed, as detailed below.
1. Component One - Environmental impacts.
Section 27-6-40.A of the Weld County Code states: "The intent of Component One is to
identify and isolate any possible impacts the proposed use may have upon the environment
on the site, as well as on neighboring sites."
Multiple agencies were invited to comment on this application, many of which have direct or
indirect interests in a host of environmental considerations, including the Colorado Geological
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Survey, Colorado Parks and Wildlife, Brighton Lateral Ditch Company, West Adams
Conservation District, United States Army Corps of Engineers and Colorado Department of
Public Health and Environment. None of these agencies identified any concerns.
Based on this review, the application appears to satisfactorily address the impacts of the
PUD relative to environmental impacts.
2. Component Two - Service provision impacts.
Section 27-6-50.A of the Weld County Code states: "The intent of Component Two is to
ensure that service provisions to the site have been adequately planned for and are available
to serve the site now and into the future."
A variety a service providers will serve this PUD including the Colorado Division of Water
Resources, Weld County Department of Public Health and Environment, City of Brighton,
Xcel Energy, United Power, Brighton Fire Rescue and RE -27J School District. It is anticipated
that the United States Postal Service and other private parcel couriers may serve the PUD.
Garbage collection services, communications, including internet and cable will be selected as
the discretion of property owners, subject to availability.
As proposed, there appear to be adequate service providers for this PUD. However, specific
terms of service shall be demonstrated as part of any future PUD Final Plan application.
3. Component Three - Landscaping elements.
Section 27-6-60.A of the Weld County Code states: "The intent of the landscape plan is to
ensure that the landscaping and aesthetics of the site are compatible to that of surrounding
land uses and that the site will provide and maintain an increased sense of place for those
inside of the development. The landscape plan shall provide clear and supported information
both by written statements and graphic representations. The information will provide an
ample quantity and variety of ornamental plant species which are regarded as suitable for this
climate. Landscape treatment will be balanced with both evergreen and deciduous plant
material with sufficient use of upright species for vertical control. Plant material selection will
be reviewed for adaptability to physical conditions of the site plan."
As this PUD is for residential purposes with no proposed outlots besides the conservation
outlot and right-of-way, minimal landscaping approval is expected as part of the PUD Final
Plan process. Future property owners will be able to design and install their own landscaping
on their respective lots.
4. Component Four - Site design.
Section 27-6-70.A of the Weld County Code states: "The intent of Component Four is to
ensure that the PUD is established with consideration to the site's advantages and limitations,
as well as the compatibility of the development to adjacent sites. The design of the site
should consider all existing features, both natural and man-made, to determine those
inherent qualities that give the site and the surrounding area its character."
As submitted in the application materials, the preliminary design of the site was sufficient to
evaluate the proposed PUD layout. As the residential lots are clustered in a portion of the
property that is located closer to the roadway, do not have to cross the ditch to provide
access, and utilizes a single internal roadway, appropriate design theory appears to be
adequately applied. Furthermore, the size and density of lots is consistent with the large -lot
residential development which is adjacent to the property lots, being a rural -type subdivision
within the City of Brighton corporate limits.
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5. Component Five - Common open space usage.
Section 27-6-80.A of the Weld County Code states: "Common open space is an essential
community asset and an important component of a development's design in a PUD. Common
open space attempts to preserve ecologically important environments, provides attractive
views and space for recreational activities and buffers the development from other land uses.
The intent of Component Five is to ensure that each development provides an appropriate
amount and type of open space within the site."
The PUD will provide approximately one hundred (100) acres of common open space,
comprised of the Cluster PUD outlot. This area includes a small waterbody and farmland
within the outlot. This outlot will be maintained via a conservation easement that restricts
development rights, as detailed in this document and to be incorporated into the CCRs.
6. Component Six - Proposed signage.
Section 27-6-90.A of the Weld County Code states: "To encourage the effective use of signs
as a means of communication in unincorporated Weld County; to maintain and enhance the
visual corridors and the County's ability to attract sources of economic development and
growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of
signs on nearby public and private property; and to enable the fair and consistent
enforcement of sign restrictions."
The application materials did not address signage for the PUD. However, should any signage
be proposed in the future for such purposes including the identification of the PUD, it shall
adhere to the adopted Weld County Sign Code. Furthermore, signage may also be requested
by law enforcement and emergency responders.
7. Component Seven - RUA impacts.
Section 27-6-100.A of the Weld County Code states: "The RUA has been developed to
provide high quality development in an urban corridor area within the County and, therefore,
development in the RUA is driven by the intensity of the use and the impacts of the use on
adjoining neighbors and the community."
The PUD is not located within the 1-25 Overlay District, which details landscaping
requirements, the limited predecessor of Regional Urbanization Area (RUA) Overlay Districts.
Therefore, no adherence of the PUD to the 1-25 Overlay District was required. Prior to the
dissolving of RUAs, this PUD was not located within any designated RUA.
8. Component Eight - Intergovernmental agreement impacts.
Section 27-6-110.A of the Weld County Code states: "Efficient and orderly land development
directs PUD developments to locate where urban services exist or can more easily be
provided, such as in close proximity to municipalities and within the RUA. Currently, the
County and many municipalities are cooperating in joint planning efforts to achieve a
consistent vision for land surrounding municipal boundaries. This coordination is achieved
through intergovernmental agreements."
Intergovernmental Agreements and Coordinated Planning Agreements establish procedures
and standards pursuant to which jurisdictional partners will move toward greater coordination
in the exercise of their future land use and related regulatory powers within unincorporated
areas surrounding a given municipality. The objectives of such efforts are to guide the types
and styles of development in such areas which best protects the health, safety, prosperity,
and general welfare of the inhabitants of the parties and to achieve maximum efficiency and
economy in the process of development. Intergovernmental Agreements and Coordinated
Planning Agreements, in part, uphold the goal and objectives of the Weld County
Comprehensive Plan, notably set forth in Land use goals and objectives per Section 22-2-30
and Article IV of the Comprehensive Plan. The proposed application is compliant with these
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land use goals and objectives, in that it helps commit to the economic future of agriculture by
preserving productive farm ground; in that it is not considered urban development, so urban
services are not required, which is a necessity for development of this area, as such urban
services are not present nearby the property; and in that the development will be harmonized
with surrounding land uses because the surrounding unincorporated residential lots are
largely created via recorded exemptions, being insignificantly larger than the proposed lots
and the surrounding incorporated residential lots are largely created by estate -style
subdivisions, being insignificantly smaller than the proposed lots.
Conversely, development requiring rezoning is generally discouraged within one -quarter mile
of any municipality per Section 22-4-10.C of the Weld County Code. However, as no
municipality seeks to annex the development; that the development is in harmony with the
surrounding land uses; and that the development preserves agricultural lands and does not
contain commercial or industrial uses, it does not appear to conflict with the goals of the
Comprehensive Plan.
The PUD is located within the Coordinated Planning Agreement (CPA) boundary of the City
of Fort Lupton. Per the Notice of Inquiry form dated March 7, 2022 and submitted with the
application materials, there is no annexation interest, and the property is located outside the
Fort Lupton future land use area. The PUD is located within the three (3) mile referral area of
Adams County, City of Brighton, City of Fort Lupton and Town of Lochbuie. Per the Adams
County and Lochbuie referrals, there are no concerns or comments on this development. Fort
Lupton did not respond to the referral request.
The City of Brighton submitted referral comments, dated September 20, 2022, in objection to
this PUD. As this municipality is directly adjacent to the site, a thorough analysis of their
comments was conducted. Per the Brighton Community of Development Department, this
development proposal is not in alignment with the City's Comprehensive Plan Designation of
the Property as Agricultural. Specifically, that housing at the proposed density, is not a
desired primary or secondary use in this Agricultural designation area. Per the Brighton Long
Range Planning — Land Use Categories guide, Primary uses in this area include: "Crop
production and animal husbandry" and Secondary uses include: "Very low density residential
housing on a farm or ranch, agricultural business facilities, and public facilities."
However, after further examination of the Brighton 2016 Comprehensive Plan Future Land
Use Map, this subject property, although designated Agricultural on the Brighton map, is
located directly adjacent to both Estate Residential areas on the south and east. In this way,
the estate and agricultural nature of the proposed PUD is not in severe contrast to either the
Agricultural or Estate Residential Brighton land use designations.
Furthermore, if the application is approved, Brighton expressly states that if well and septic
are not approved by the County, then the applicant would be responsible for all costs and
associated processes to connect to City water and sewer. However, this would never be a
possible outcome, as the eligibility of the subject Cluster PUD is predicated on the use of
wells and on -site wastewater treatment systems only. Brighton also wants to ensure that the
Brighton Fire District has reviewed the proposed cul-de-sac roadway segment and that the
appropriate fees will be paid to the 27J School District related to new development. In
response to these latter asks, Brighton Fire Rescue and RE -27J School District were both
sent referral requests as part of the processing of the PUD Change of Zone application and
no response was received from either agency.
3. The submitted materials are in compliance with Cluster PUD Standards per Section 27-10-20 of the
Weld County Code as follows:
A. If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of
being used for agricultural production such as farming and ranching operations for the next forty
(40) years from the date of final approval.
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This PUD is being proposed on agricultural lands, in both terms of current zoning and current
land use. This statement is confirmed by the Weld County Assessor's Property Report valuation
of this land. As such, the property will continue to be used for productive farming activities, which
is certainly possible, as the property contains both irrigated and dryland farm ground.
Furthermore, the outlot is severed from the rest of the PUD that will be developed by the Brighton
Lateral Ditch. In this way, agricultural operations will be naturally buffered from the encroachment
from residential uses.
B. The outlot shall be restricted to operations and be free from development for any other uses for a
period of forty (40) years from the date of final approval.
As agreed to in the application materials, the outlot will be preserved for agricultural operations
only and no development may occur, for at least forty (40) years from the date the PUD Final
Plan is approved. Structures and activities in support of agricultural operations shall be permitted
and are not considered development for the purposes of this application.
C. A minimum of two-thirds (2/3) of the total area of the tract must be reserved for the preservation
of contiguous land.
The property is approximately 122.5 acres in size. Two-thirds of this area is approximately 81.6
acres. The applicant is voluntarily exceeding this minimum reservation of 81.6 acres as the
proposed outlot is approximately 100 acres.
D. The outlot may be used for all agricultural uses by right, as passive view corridors, recreation or
the preservation of environmentally sensitive features such as wildlife habitat or critical areas.
The outlot will continue to be used for agricultural production including growing crops and
contains existing ditch infrastructure. The outlot also contains an existing irrigation pond, which
will not be affected by the PUD. The outlot will also provide a passive view corridor to the six (6)
small lots and the surrounding lands.
E. Public access to the outlot is not a requirement. The outlot may be substituted for the common
open space requirement used in the traditional Planned Unit Development application.
Public access to the outlot is not proposed and no parks, trails, or other community space or
amenities are proposed within the outlot. The outlot shall be owned by a Homeowner's
Association (HOA) and may be farmed under the assignment by the HOA. Should the outlot be
intended for limited private access, restricted to the residents of the subject Planned Unit
Development, terms of such access should be outlined in the Covenants, Conditions and
Restrictions (CCR) document.
F. The intent of the A (Agricultural) Zone District as outlined in Chapter 23 and the Comprehensive
Plan, Chapter 22 of this Code, including Weld County's Right to Farm, Appendix 22-E, shall be
met.
This PUD will not interfere with the surrounding A (Agricultural) zoned properties in
unincorporated Weld County. The intent of the A Zone soundly applies to the proposed use of the
outlot. This PUD is in line with the goals of the Weld County Comprehensive Plan and is
supported by the Weld County Right to Farm Statement.
G. A Cluster PUD may be used in urban and nonurban areas. A Cluster PUD shall follow the
procedures as outlined in this Code.
A Cluster PUD is equally permittable in currently defined urban or non -urban areas per the PUD
Ordinance. Given that this part of Weld County contains both urbanizing and non -urbanizing
features, a Cluster PUD is an appropriate land development tool.
The concept of non -urban development has further been expanded under the definitions of the
Weld County Subdivision Ordinance, which now distinguish between Non -Urban Scale
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Development and Rural Scale Development. Per Section 24-1-40, Rural Scale Development is
defined as: "Rural scale developments require a potable water source, private sewer systems and
internal roads. This development type allows remaining areas to be utilized for agricultural
purposes, open space and environmental conservation." This classification is distinguished from
Non -Urban Scale, which requires a public water source.
Given that a core feature of Cluster PUDs is the ability to obtain an exception to public water, it is
consistent and foreseen that a Cluster PUD may be considered a Rural Scale Development,
being a term that was adopted after the promulgation of the current Weld County Planned Unit
Development Ordinance.
H. The number of single-family residential units must not exceed two (2) per thirty -five -acre
increment. The residential lots created by this option may not be further subdivided in the future.
The property is approximately 122.5 acres in size. There are approximately 3.5 thirty-five acre
increments within this parcel. Two (2) residences are allowed per each of these increments,
giving a total allotted residential unit maximum of seven (7). As only six (6) single family
residential units are proposed, this PUD proposal is compliant.
Additionally, per Section 27-2-140. - Nonurban scale development proposing individual, private
wells and septic systems shall have a minimum lot size of two and one-half (2%) acres per lot.
The proposed acreages of the six (6) small lots will comply with this requirement.
Moreover, the six (6) proposed small lots comply with the PUD Water Provision per Section 27-2-
210 of the Weld County Code which states an exception may be granted for nine (9) lots or less
residentially clustered PUDs when public water is not available and the residential PUD results in
an intensity of development that preserves and enhances agricultural lands and production.
Worthy of discussion is the ability for this application to comply with codified development
classifications. Section 27-2-210 of the Weld County Code states that a PUD applying for an
exception to the public water requirement must be considered a Nonurban scale development as
defined in Chapter 27.
This matter is complicated as per Chapter 24 of the Weld County Code, Planned Unit
Developments are subject to Chapter 27, being the PUD Ordinance and to the Subdivision
General Provisions, Conformance Standards and Subdivision Design Standards of Chapter 24,
which include definitions.
In essence, the Nonurban scale development definition of Chapter 27 is roughly akin to the Rural
Scale Development definition in Chapter 24 in that they are both the lowest -level tier of
development. However, there is a sharp distinction in that there are no restrictions in Chapter 24
on how close a Rural Scale Development may be to municipal boundaries, other subdivisions and
infrastructure. Whereas, in Chapter 27, Nonurban scale developments are not adjacent to other
PUDs, subdivisions, municipal boundaries or urban growth corridors. In application of these
contrasting definitions, because this PUD is located near existing subdivisions and municipal
boundaries, it does comply with the Chapter 24 definition, but not the Chapter 27 definition. In
similarity, both development types jointly emphasize the importance of retaining large areas for
agricultural purposes and conservation.
In the interest of these competing Weld County Code citations, Planning staff relies on the
adopted Weld County Comprehensive Plan principles, goals and objectives of Weld County, to
best understand the desired land development perspective of the County. It is important to note
that the guiding principles are the foundation for land use policy in the County. In particular, two of
the primary guiding principles of the Weld County Comprehensive Plan supports the ability for the
property owners to pursue this application, even though conflict exist within the Weld County
Code. In brief review, the Chapter 24 definition is better supported by the Comprehensive Plan
goals rather than the Chapter 27 definition because the Chapter 24 definition is consistent with
the guiding principles of" Respecting Our Agricultural Heritage" and "Respecting Private Property
Rights".
PUDZ22-0003 — Nguyen
Page 10
The first principle is supportive of this position, as it highlights the most primary tradition and
character of the County, being the importance of agriculture in the County. As this PUD
application seeks to expressly preserve over one hundred (100) acres of land, being more than
the minimum amount required, and that the land is capable and will continue to be used for
farming, and that this land may not be developed for other land uses for at least forty (40) years,
there is clearly demonstrated adherence to this principle. The second principle is supportive of
this position, as it provides a private property owner an option to split their land, within the bounds
of a currently adopted land division method, so long as this development does not interfere with
or infringe upon the rights of others. As no identified nuisances or impediments upon other
surrounding property owners or the public have been identified, adherence to this principle is also
demonstrated. Both of these positions are in align with identity of Weld County, which seeks to
lessen the degree of burden on its citizens as much as possible.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PLANNED UNIT
DEVELOPMENT (PUD) ZONE DISTRICT FOR E (ESTATE) AND A (AGRICULTURAL) ZONE DISTRICT
USES IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Planned Unit Development Change of Zone plat:
A. The applicant shall address the requirements from the Colorado Division of Water Resources, as
stated in the referral response dated November 2, 2022. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments from the Weld County Department of
Planning Services — Building and Addressing, as stated in the referral response dated August 23,
2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas Energy
Department, as stated in the referral responses dated August 30, 2022. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall acknowledge the advisory comments of the Xcel Energy, Inc. as stated in the
referral response dated September 13, 2022, regarding utility easement design and service
connections. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
E. The applicant shall acknowledge the advisory comments of United Power, as stated in the referral
response dated September 15, 2022, regarding easements, structure locations and service
requirements. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
F. The applicant shall acknowledge the advisory comments of the City of Brighton, as stated in the
referral response dated September 20, 2022, regarding the need for outreach to other Brighton
agencies. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
2. The Planned Unit Development Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled: Planned Unit Development Change of Zone No. PUDZ22-
0003. (Department of Planning Services)
B. The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code.
(Department of Planning Services)
PUDZ22-0003 — Nguyen
Page 11
C. The plat shall show the overall perimeter boundary of the area undergoing the Change of Zone.
No proposed internal lot lines or platting elements of the PUD shall be shown. (Department of
Planning Services)
D. The plat shall delineate the various zone district use areas and accompanying legal description of
such areas. (Department of Planning Services)
1. The area located west of and including the Brighton Lateral Ditch prescriptive easement,
being comprised of the outlot, shall be designated for A (Agricultural) Zone District uses,
limited to select agricultural operations and may contain agricultural -exempt structures in
support of such agricultural operations. All possible uses are dependent on compliance with
all other criteria. Specifically, the following uses are permitted within areas designated for A
(Agricultural) Zone District uses. (Department of Planning Services)
a) Ditch and irrigation infrastructure; camping, fishing, hunting; farming, ranching,
gardening, including structures for storage of agricultural equipment and agricultural
products and confinement or protection of livestock; and agriculture -related water tanks.
2. The area located east of the Brighton Lateral Ditch shall be designated for E (Estate) Zone
District uses. Specifically, only Uses by Right, Uses by Site Plan Review, Accessory Uses
and Uses by Permit within the E (Estate) Zone District may be allowed. No Uses by Special
Reviews are permitted. All possible uses are dependent on compliance with all other criteria.
At the time of application, the following uses are permitted within areas designated for E
(Estate) Zone District uses. (Department of Planning Services)
a) Uses by Right: gardening; fishing and noncommercial water skiing; one (1)
noncommercial tower up to forty (40) feet in height per legal lot; public parks; public
schools; one (1) single-family dwelling, foster care home; or group home facility per legal
lot; and utility service facilities.
b) Uses by Site Plan Review: churches; golf courses; police, ambulance, and fire stations or
facilities; private schools; and public and private recreational facilities.
c) Accessory Uses: animal boarding and animal training facilities where the maximum
number of animal units permitted in the bulk requirements is not exceeded and traffic to
and from the facility does not exceed sixty (60) daily trips; farming; parking areas and
parking structures, not including parking of commercial vehicles; structures and buildings
accessory to uses by right, not including cargo containers; swimming pools, tennis courts
and similar accessory uses and structures; and accessory wind generators.
d) Uses by Permit: auxiliary quarters, which shall require approval of a Certificate of
Compliance; Class I and Class II home occupations requiring a zoning permit; one (1)
noncommercial tower between forty (40) and seventy (70) feet in height per legal lot
requiring a zoning permit; oil and gas facilities requiring a 1041 WOGLA permit; parking
of one (1) commercial vehicle per legal lot requiring a zoning permit; pipelines - natural
gas or pipelines - petroleum products other than natural gas requiring a LAP permit; and
wind generators requiring a zoning permit.
E. Show and label all recorded easements, ditches and rights -of -way on the map by book and page
number or reception number, including the utility easement, identified in the United Power
referral, per reception no. 4815133. (Department of Planning Services)
F. Show and label the existing oil and gas infrastructure on site. Setback radiuses for existing oil and
gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of
23-3-70.E of the Weld County Code. (Department of Planning Services)
G. This portion of County Road 31 is under the jurisdiction of the Town of Brighton. Please contact
the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access on the site plan and label with the approved access permit number if applicable.
PUDZ22-0003 — Nguyen
Page 12
(Department of Planning Services — Development Review)
H. The proposed internal road system, that delineates right-of-way width, road surface width and
depth, and access to public right -of- way, that meets the requirements of Chapter 8 of the Weld
County Code. (Department of Planning Services — Development Review)
3. The following notes shall be included on the Planned Unit Development Change of Zone plat:
1) The Planned Unit Development Change of Zone, PUDZ22-0003, allows for (6) residential lots
with E (Estate) Zone District uses and one (1) non -buildable outlot with A (Agricultural) Zone
District uses, as indicated in the application materials on file in the Department of Planning
Services, subject and governed by the Plat Notes stated hereon and all applicable Weld County
regulations. (Department of Planning Services)
2) The area located west of and including the Brighton Lateral Ditch prescriptive easement, shall be
designated for A (Agricultural) Zone District bulk requirements and uses, limited to select
agricultural operations and may contain agricultural -exempt structures in support of such
agricultural operations. Specifically, the following uses are permitted within areas designated for
A (Agricultural) Zone District uses. Ditch and irrigation infrastructure; camping, fishing, hunting;
farming, ranching, gardening, including structures for storage of agricultural equipment and
agricultural products and confinement or protection of livestock; and agriculture -related water
tanks. (Department of Planning Services)
3) The area located east of the Brighton Lateral Ditch shall be designated for E (Estate) Zone
District bulk requirements and uses. Specifically, only Uses by Right, Uses by Site Plan Review,
Accessory Uses and Uses by Permit within the E (Estate) Zone District may be allowed. At the
time of application, the following uses are permitted within areas designated for E (Estate) Zone
District uses. a) Uses by Right: gardening; fishing and noncommercial water skiing; one (1)
noncommercial tower up to forty (40) feet in height per legal lot; public parks; public schools; one
(1) single-family dwelling, foster care home; or group home facility per legal lot; and utility service
facilities. b) Uses by Site Plan Review: churches; golf courses; police, ambulance, and fire
stations or facilities; private schools; and public and private recreational facilities. c) Accessory
Uses: animal boarding and animal training facilities where the maximum number of animal units
permitted in the bulk requirements is not exceeded and traffic to and from the facility does not
exceed sixty (60) daily trips; farming; parking areas and parking structures, not including parking
of commercial vehicles; structures and buildings accessory to uses by right, not including cargo
containers; swimming pools, tennis courts and similar accessory uses and structures; and
accessory wind generators. d) Uses by Permit: auxiliary quarters, which shall require approval of
a Certificate of Compliance; Class I and Class II home occupations requiring a zoning permit; one
(1) noncommercial tower between forty (40) and seventy (70) feet in height per legal lot requiring
a zoning permit; oil and gas facilities requiring a 1041 WOGLA permit; parking of one (1)
commercial vehicle per legal lot requiring a zoning permit; pipelines - natural gas or pipelines -
petroleum products other than natural gas requiring a LAP permit; and wind generators requiring
a zoning permit.
4) No Uses by Special Review permit shall be permitted within this Planned Unit Development.
(Department of Planning Services)
5) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24,
C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of
Planning Services)
6) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code,
as amended. (Department of Planning Services)
7) All occupied buildings shall be located on a platted and buildable lot. No occupied structures shall
be permitted in the outlots; agriculturally -exempt structures are excluded from this restriction.
(Department of Planning Services)
PUDZ22-0003 — Nguyen
Page 13
8) No occupied building or structure shall be constructed within two hundred (200) feet of any tank
battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25)
feet of any plugged or abandoned oil and gas well, unless a greater distance is otherwise
prescribed in an executed Surface Use Agreement. (Department of Planning Services)
9) Any such provision included with the recorded Declaration of Covenants, Conditions and
Restrictions may be more restrictive than Weld County Zoning Code requirements; however, will
not be enforced by Weld County. In no event shall bulk requirements and lot standards be less
restrictive than Weld County Code. (Department of Planning Services)
10) Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
11) Lot owners should be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer, Division of Water Resources, the quantity of water available for
usage may be limited to specific uses, i.e., domestic use only, etc. Also, groundwater may not
meet all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage lot owners to test their drinking water prior to consumption
and periodically test it over time. (Department of Public Health and Environment)
12) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality Control
Division, and the Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system. (Department of Public Health and Environment)
13) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the
component to function as designed. (Department of Public Health and Environment)
14) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
15) If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in
duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice application, and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
16) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
17) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
18) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Development Review)
19) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
20) The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
21) The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and the Supplemental Procedures and Requirements of Chapter 27, Article
VIII of the Weld County Code. (Department of Planning Services)
PUDZ22-0003 — Nguyen
Page 14
22) The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Department of Public Health and Environment, Department of
Planning Services and all applicable Weld County regulations. (Department of Planning Services)
23) No development activity shall commence on the property, nor shall any building permits be issued
on the property until the PUD Final Plan has been approved and recorded and all conditions
satisfied. (Department of Planning Services)
24) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
25) The applicant shall comply with Section 27-8-40 Weld County Code, as follows: Failure to submit
a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall annually require
the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that
conditions or statements made supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded
PUD Zone District reverted to the original Zone District. (Department of Planning Services)
26) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the State's commercial mineral deposits are essential to the State's economy; (b) the
populous counties of the state face a critical shortage of such deposits; and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and
cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
27) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
PUDZ22-0003 — Nguyen
Page 15
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of State and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to
arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in
many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
4. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1)
electronic copy (.pdf) of the Planned Unit Development Change of Zone plat for preliminary approval
to the Weld County Department of Planning Services. Upon County approval of the plat, the applicant
shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' staff. (Department of Planning Services)
5. The Planned Unit Development Change of Zone plat shall be submitted to the Department of
Planning Services for recording within one hundred and twenty (120) days of approval by the Board
of County Commissioners. (Department of Planning Services)
6. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development
Change of Zone plat not be recorded within the specified timeline from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each
additional three (3) month period.
7. Prior to submittal of the Planned Unit Development Final Plan application:
A. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions
(CC&Rs), for review and comment by the Weld County Attorney's Office. (Department of
Planning Services)
B. The applicant shall submit their plan for Drainage and Utility Easement design including
compliance with Section 24-3-60 of the Weld County Code and any deviations therefrom.
(Department of Planning Services)
PUDZ22-0003 — Nguyen
Page 16
C. The applicant shall submit evidence of a recorded agreement with the Brighton Lateral Ditch
Company regarding the need to provide for adequate access to the portion of PUD lying west of
the Brighton Lateral Ditch. (Department of Planning Services)
D. The applicant shall submit evidence that the City of Brighton will approve and permit the location
of the development access location. (Department of Planning Services)
E. The applicant shall submit a map, which shows that the buildable lots do not have prohibitive
subsurface oil and gas infrastructure lines and appurtenances, evidenced by recorded easements.
(Department of Planning Services)
F. The applicant shall submit evidence of a recorded Surface Use Agreement with any current oil
and gas operator who has mineral rights, infrastructures and/or appurtenances within the PUD
boundary, if applicable. (Department of Planning Services)
G. The applicant shall submit evidence of in -process service agreements and/or contracts with utility
service providers associated with the PUD. (Department of Planning Services)
PUDZ22-0003 — Nguyen
Page 17
November 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
NGUYEN LISA
1855 VIRGINIA DRIVE
FORT LUPTON, CO 80621
Subject: PUDZ22-0003 - A Change of Zone from A (Agricultural) to PUD (Planned Unit Development)
for six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot with A
(Agricultural) Zone District uses.
On parcel(s) of land described as:
LOT D REC EXEMPT RECX20-0040; PART S2N2 SECTION 33, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 3, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 18, 2023
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
November 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
NGUYEN LISA
1855 VIRGINIA DRIVE
FORT LUPTON, CO 80621
Subject: PUDZ22-0003 - A Change of Zone from A (Agricultural) to PUD (Planned Unit Development)
for six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot with A
(Agricultural) Zone District uses.
On parcel(s) of land described as:
LOT D REC EXEMPT RECX20-0040; PART S2N2 SECTION 33, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 3, 2023 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 18, 2023
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Hello