HomeMy WebLinkAbout20233572.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN,PUDF23-0002,FOR SIX(6)RESIDENTIAL LOTS WITH
E(ESTATE)ZONE DISTRICT USES AND ONE(1)NON-BUILDABLE OUTLOT WITH
A(AGRICULTURAL)ZONE DISTRICT USES-AMANDA,BRANDON, LISA,AND
MORIAH NGUYEN
WHEREAS,the Board of County Commissioners of Weld County,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,a public hearing was held on the 13th day of December,2023,at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Amanda,Brandon,
Lisa,and Moriah Nguyen,1855 Virginia Drive,Fort Lupton,Colorado 80621,requesting a Site
Specific Development Plan and Planned Unit Development Final Plan,PUDF23-0002,for six(6)
residential lots with E (Estate) Zone District uses and one (1) non-buildable outlot with
A(Agricultural)Zone District uses,for a parcel of land located on the following described real
estate,to-wit:
Lot D of Recorded Exemption, RECX20-0040;
being part of the S1/2 N1/2 of Section 33,
Township 1 North,Range 66 West of the 6th P.M.,
Weld County,Colorado
WHEREAS,the applicant was present,and
WHEREAS,Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan,and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld
County Planning Commission,and,having been fully informed,finds that this request shall be
approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-7-40.D as follows:
A. Section 27-7-40.D.1—The proposal is consistent with Chapters 19,22,23,
24 and 26 of the Weld County Code and any Intergovernmental Agreement
in effect influencing the PUD.The Weld County Comprehensive Plan,
adopted in 2020,codified in Chapter 22 of the Weld County Code,identifies
Guiding Principles,and 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.
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1) Section 22-2-30.A.2 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
design, has been created to limit the density and intensity of
development, by limiting the overall maximum 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.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.
2) Section 22-2-30.C 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)
residential PUD 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 the large open
space portion of the subject property will remain in its present
condition.Chapter 23 details the allowed land uses within each of
the adopted Zone Districts.The application does not request to alter
any of the uses that 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. Consistency with
Chapter 26 (Regional Urbanization Areas), although no longer
applicable, is later reviewed in criteria finding#2.H.7 of this
document.Consistency with Intergovernmental Agreements and
Chapter 19(Coordinated Planning Agreements)is later reviewed in
criteria finding#2.H.8 of this document.
B. Section 27-7-40.D.2—The uses which will be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District,
contained in Chapter 27,Article II of the Weld County Code.The residential
and agricultural uses that were permitted through PUDZ22-0003, and
approved by the Board of County Commissioners,on January 23,2023,
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.
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C. Section 27-7-40.D.3—The uses which will be permitted will 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 this Code or master plans of affected
municipalities.The PUD Final Plan application has demonstrated that the
proposed PUD lot sizes and approved uses,per PUDZ22-0003,will be in
compliance with the existing or future development of the surrounding area.
The Weld County Department of Planning Services sent notice to 24
surrounding property owners within 500 feet of the PUD.Planning Staff
received two (2) letters from noticed property owners. The concerns
outlined in the letters are related to additional lots,additional traffic,and the
potential issues that more water wells will bring to the local geological water
conditions.
Use by Right residential and agricultural land uses dominate the area.
There are at least five(5)other platted subdivisions 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,although 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 a significant distance
and beyond view from the PUD,none of which would impact,or would be
impacted by,the subject development.
D. Section 27-7-40.D.4—Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD
in compliance with the performance standards in Chapter 27,Article II of
the Weld County Code.Per the Weld County Department of Public Health
and Environment referral, dated August 18, 2023, 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 the PUD is via proposed individual 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(CDWR)referral,dated August 9,2023,for well permits
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sought, pursuant to C.R.S.§37-92-602(3)(b)(II)(A),the total amount of
water available to each individual lot will be based on the total land area in
the plan and the number of lots approved.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. The
CDWR stated Well Permit#318429 must be re-permitted,to be consistent
with the size of the parcel on which it will be located.
Sewage disposal will be provided by On-site Wastewater Treatment
Systems (OWTS) located on each individual lot. An OWTS Report,
completed by High 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.Sanitary sewer service is
not available at this location.
E. Section 27-7-40.D.5-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 referral comments,dated September 26,2023,the
parcel has an existing access onto County Road (CR) 31, which is
proposed to be upgraded for the internal road associated with the PUD.As
this portion of CR 31 is under the jurisdiction of the City of Brighton,the
applicant shall contact the municipality concerning permitting and any
required improvements.
F. Section 27-7-40.D.6—In the event the street or highway facilities are not
adequate,the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22, 24,
and 26,if applicable.This shall be shown by submitting,with the PUD
application,a separate proposal for on-site and off-site road improvements.
This proposal shall describe,in detail,the type of on-site improvements,in
compliance with Section 24-9-10, and off-site road improvements, in
compliance with Section 24-9-20,to determine if the requirement for street
or highway facilities providing access to the property has been satisfied.
The method of guarantee shall conform with Weld County's policy
regarding collateral for improvements.Per the Weld County Department of
Planning Services — Development Review referral comments, dated
September 26, 2023, an Improvements and Road Maintenance
Agreement, for on-site, up-front improvements, for Subdivisions/PUDs
(Chapter 27-2-80, Chapter 24-9-20), and for possible off-site, up-front
improvements,is required.This will include collateral to ensure all required
improvements are completed and maintained.Road maintenance includes,
but is not limited to,dust control and damage repair to specified travel
routes.
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G. Section 27-7-40.D.7—There has been compliance with the applicable
requirements contained in Chapter 23 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 and PUDZ applications that no commercial mineral
deposits are located under the proposed PUD.The Colorado Geological
Survey(CGS) referral response, dated September 1, 2023, stated no
concerns with the PUDF application.Similarly,the CGS had no comments
on the PUDK or PUDZ applications. 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 27-7-40.D.8—If compatibility exists between the proposed uses
and criteria listed in the Development Guide,and the Final Plan conforms
exactly to the Development Guide. Consistency exists between the
proposed PUD Final Plan and the Specific Development Guide, as
submitted in the application materials and 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) Section 27-6-40.A—Environmental Impacts,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 Survey,Colorado Parks and Wildlife,Brighton Lateral
Ditch Company,West Adams Conservation District,United States
Army Corps of Engineers and the Colorado Department of Public
Health and Environment. None of these agencies identified any
concerns and, based on this review,the application appears to
satisfactorily address the impacts of the PUD, relative to
environmental impacts.
2) Section 27-6-50.A-Service Provision Impacts,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 of 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 the
RE-27J School District. It is anticipated that the United States
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Postal Service and other private parcel couriers may serve the
PUD. Garbage collection services, communications, including
internet and cable,will be selected by the property owners.As
proposed,there appear to be adequate service providers for this
PUD.
Referrals have been received from Xcel Energy,United Power and
the RE-27J School District. Xcel Energy in the referral dated
August 25, 2023, delineated concerns on the location of a
six(6)-foot wide utility easement.United Power in the referral dated
September 1, 2023, requested five (5)-foot wide dry utility
easements on the side lots of Lots 3-5,and a five(5)-foot wide dry
utility easement on the west side of Lot 6.This will allow United
Power to bring the electric line north and to set any equipment for
the lot(s),if needed.These utility easement requests have been
included into the draft plat for the PUDF. Due to the utility
easements not conforming with Section 24-3-60, a Utilities
Coordinating Advisory Committee meeting will be held.The RE-27J
School District returned a referral response dated August 24,2023,
requiring a cash-in-lieu of land dedication, in the amount of
$7,762.47.A Condition of Approval has been included to ensure the
applicant addresses the requirements and concerns of the RE-27J
School District.Brighton Fire Rescue returned a referral response
on August 14,2023,which stated no concerns.
3) Section 27-6-60.A—Landscaping Elements,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,landscaping will be at the desecration of the individual
property owner.Future property owners will be able to design and
install their own landscaping on their respective lots.
4) Section 27-6-70.A-Site Design,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
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determine those inherent qualities that give the site and the
surrounding area its character."As submitted in the application
materials, the residential lots are clustered in a portion of the
property that is located closer to the roadway and east of the ditch.
This means the roadway does not have to cross the ditch to provide
proper access to all lots.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.
5) Section 27-6-80.A — Common Open Space Usage, 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 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 and have restricted development rights in
perpetuity,as detailed in this document and to be incorporated into
the Declaration of Covenants,Conditions,and Restrictions(CCRs).
6) Section 27-6-90.A—Proposed Signage,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) Section 27-6-100.A—Regional Urbanization Areas(RUA)Impacts
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 I-25 Overlay District,
(the limited predecessor of RUA Overlay Districts),which details
landscaping requirements.Therefore,no adherence of the PUD to
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the 1-25 Overlay District was required. Prior to the dissolving of
RUAs,this PUD was not located within any designated RUA.
8) Section 27-6-110.A — Intergovernmental Agreement Impacts,
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."The PUD is
located within the Coordinated Planning Agreement (CPA)
boundary of the City of Fort Lupton. During the PUDZ22-0003
process a Notice of Inquiry(NOI)form was sent to the City of Fort
Lupton.Per the NOI 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,the City of Brighton,the City of Fort Lupton and Town of
Lochbuie.The City of Fort Lupton did not have any concerns or
comments in the referral response dated September 18, 2023.
Adams County,the Town of Lochbuie,and the City of Brighton did
not respond to the referral request.Additionally,the County does
not have a CPA with the City of Brighton.
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
40 years, from the date of final approval. The PUD is being
proposed on agricultural lands,both in 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 agricultural 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 of residential uses.
B. The outlot shall be restricted to operations and be free from
development,for any other uses,for a period of 40 years from the
date of final approval.The agricultural outlot will be preserved for
agricultural operations only,and no development may occur,for at
least 40 years,from the date the PUD Final Plan is approved.
Structures and activities in support of agricultural operations shall
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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, meaning 2/3 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
agricultural 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 agricultural 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 Declaration of Covenants,Conditions,and
Restrictions(CCRs)document.
F. The intent of the A (Agricultural) Zone District, as outlined in
Chapter 23[Zoning],and Chapter 22[Comprehensive Plan]of the
Weld County Code,and Weld County's Right to Farm Statement,
found in Section 22-2-30.A.4.a of the Weld County Code.This PUD
will not interfere with the surrounding A (Agricultural) Zoned
properties in unincorporated Weld County. The intent of the
A(Agricultural)Zone District 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 non-urban areas.
A Cluster PUD shall follow the procedures as outlined in the Weld
County 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
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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 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 35-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
three and one-half(3.5), 35-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 —
Non-Urban Scale Developments,proposing individual,private wells
and septic systems shall have a minimum lot size of two and
one-half(2.5)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.
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 Non-Urban Scale Development, as defined in
Chapter 27.
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(2)of
the primary Guiding Principles of the Weld County Comprehensive
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Plan support the ability for the property owners to pursue this
application, even though conflicts 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". 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 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 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 align with the identity of Weld County,which seeks
to lessen the degree of burden on its citizens as much as possible.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the application of Amanda, Brandon, Lisa and
Moriah Nguyen for a Site Specific Development Plan and Planned Unit Development Final
Plan, PUDF23-0002,for six(6)residential lots with E(Estate)Zone District uses and
one(1) non-buildable outlot with A (Agricultural) Zone District uses, on the above
referenced parcel of land,be,and hereby is,granted subject to the following conditions:
1. Prior to recording the Planned Unit Development Final Plan plat:
A. An Improvements and Road Maintenance Agreement for on-site,up-front
improvements,for Subdivisions/PUDs(Chapter 27-2-80,Chapter 24-9-20),
and for possible off-site, up-front improvements, is required. This will
include collateral to ensure all required improvements are completed and
maintained.Road maintenance includes,but is not limited to,dust control
and damage repair to specified travel routes.
B. An acceptable Traffic Narrative,that includes all traffic using the internal
road,shall be submitted.
C. A City of Brighton Access and/or Right-of-Way Permit,or documentation
that a permit is not required, shall be submitted. This may include
intersection design standards for the internal road and County Road 31.
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D. The applicant shall address the requirements of Weld County School
District RE-27J,as stated in the referral response,dated August 24,2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements from the Colorado Division
of Water Resources,as stated in the referral response,dated August 9,
2023.Evidence of such shall be submitted,in writing,to the Weld County
Department of Planning Services.
F. The applicant shall address the comments from the Weld County
Department of Planning Services—Building and Addressing,as stated in
the referral response,dated October 6,2023.Evidence of such shall be
submitted,in writing,to the Weld County Department of Planning Services.
G. The finalized Declaration of Covenants, Conditions, and Restrictions
(CCRs)and Articles of Incorporation shall be submitted to the Weld County
Department of Planning Services for recordation,with the appropriate
recording fee.The CCRs shall incorporate any changes required by the
Weld County Attorney's Office and Department of Planning Services.
H. The applicant shall acknowledge the advisory comments of the Weld
County Oil and Gas Energy Department,as stated in the referral response,
dated August 18,2023.Evidence of such shall be submitted,in writing,to
the Weld County Department of Planning Services.
I. The applicant shall acknowledge the comments of Xcel Energy,Inc.,as
stated in the referral response,dated August 25,2023,regarding utility
easement design and service connections. Evidence of such shall be
submitted,in writing,to the Weld County Department of Planning Services.
J. The applicant shall acknowledge the comments of United Power,as stated
in the referral response,dated September 1,2023,regarding easements,
structure locations and service requirements.Evidence of such shall be
submitted,in writing,to the Weld County Department of Planning Services.
K. The applicant shall acknowledge the comments of PDC Energy,Inc.,as
stated in the referral response,dated August 14,2023.Evidence of such
shall be submitted,in writing,to the Weld County Department of Planning
Services.
L. The Planned Unit Development Final Plan plat shall delineate the following:
1) All sheets of the plat shall be labeled:Planned Unit Development
Final Plan No.PUDF23-0002.
2) The plat shall be prepared in accordance with Section 27-9-20 of
the Weld County Code.
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3) The applicant shall show and label all recorded easements,ditches,
and rights-of-way on the map by book and page number or
Reception number.
4) All utility easements shall conform to Section 24-3-60 of the Weld
County Code. Utility easements on the plat shall adhere to the
recommendations of the Weld County Utilities Coordinating
Advisory Committee,made on November 9,2023.
5) The Planned Unit Development Final Plat shall utilize Plat
Certificates Letters A,D,E and F,as located in Appendix 24-A of
the Weld County Code.
6) This portion of County Road 31 is under the jurisdiction of the City
of Brighton. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way, as well as the
approved access,on the site plan and label with the approved
Access Permit number,if applicable.
7) The applicant shall show the vehicular and non-vehicular traffic
circulation, including road classification, right-of-way width, road
surface width and depth,and access to public right-of-way for the
internal road.
8) The applicant shall show and label the drainage flow arrows.
M. The following notes shall be included on the Planned Unit Development
Final Plan plat:
1) The Planned Unit Development Final Plan,PUDF23-0002,allows
for six(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 to, and governed by,the Plat Notes
stated hereon and all applicable Weld County regulations.
2) The area located west of,and including,the Brighton Lateral Ditch
prescriptive easement,shall be designated forA(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.
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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 non-commercial
water skiing;one(1)non-commercial tower,up to 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 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)
non-commercial tower between 40 and 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 Use by Special Review Permits shall be permitted within this
Planned Unit Development.
5) Approval of this plan may create a Vested Property Right,pursuant
to C.R.S.,Article 68 of Title 24,as amended,and Chapter 23,
Article VIII of the Weld County Code.
6) Any future subdivision of land shall be in accordance with
Chapter 27 of the Weld County Code,as amended.
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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.
8) All buildings shall comply with the setback from oil and gas wells,
per Section 23-4-700,as amended.
9) Any such provision included with the recorded CCRs may be more
restrictive than Weld County Zoning Code requirements;however,
this will not be enforced by Weld County.In no event shall bulk
requirements and lot standards be less restrictive than Weld County
Code.
10) Water service may be obtained from an appropriately permitted
well.
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.Lot
owners are strongly encouraged to test their drinking water prior to
consumption and periodically test it over time.
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.
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.
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.
15) If land development creates more than a 25-acre contiguous
disturbance,or exceeds six(6)months in duration,the responsible
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party shall prepare a Fugitive Dust Control Plan and submit an Air
Pollution Emissions Notice(A.P.E.N.)application to the Colorado
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,Articles I and II,
of the Weld County Code.
17) The PUD internal roadway shall be maintained to mitigate any
impacts to the public road, including damages and/or off-site
tracking.
18) The historical flow patterns and runoff amounts on the site will be
maintained.
19) Weld County is not responsible for the maintenance of on-site
internal roads.
20) 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.
21) 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.
22) 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 recorded and all conditions satisfied.
23) 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 stated herein and
all applicable Weld County regulations.
24) Failure to Comply.The Board of County Commissioners may serve
written notice upon such organization, or upon the owners or
residents of the PUD,setting forth that the organization has failed
to comply with the PUD Final Plan.Said notice shall include a
demand that such deficiencies of maintenance be cured within
30 days thereof.A hearing shall be held by the Board of County
Commissioners within 15 days of the issuance of such notice,
setting forth the item,date and place of the hearing.The Board may
modify the terms of the original notice as to deficiencies and may
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give an extension of time within which they shall be rectified.Any
PUD Zone District approved in a Final Plan shall be considered as
being in compliance with Chapter 24 of the Weld County Code and
C.R.S.§30-28-101,et seq.
25) The PUD Final Plan process shall be followed when proposing
changes to a recorded Planned Unit Development plat, as
described in Chapter 27,Article VII of the Weld County Code,as
amended.
26) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code,as amended.
27) 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.Oftentimes,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.
28) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code,shall be placed on
the map and recognized at all times.
2. Prior to Construction:
A. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
3. Upon completion of Condition of Approval#1 above,the applicant shall submit
one(1)electronic copy(.pdf)of the Planned Unit Development Final Plan 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.
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4. The Planned Unit Development Final Plan plat shall be submitted to the
Department of Planning Services for recording within 120 days of approval by the
Board of County Commissioners.
5. In accordance with Appendix 5-J of the Weld County Code,should the Planned
Unit Development Final Plan 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 13th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: '.� EXCUSED
Mik Freeman,Chair
Weld County Clerk to the Board
B1C4IXIW•taVnai a Perry .}�uck,Pro-Tem
Deputy Clerk to the Board
K.James
APP'.►'ED O o'M: •
111 `` T .Ross
County torney `�.� •f
/� iaine
I
Date of signature: /4IZ`�
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