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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT FINAL PLAN
Chris Gathman
P U D F22-0004
Olson Bros LP and Spring Meadows Development, LLC C/O Roger E Olson
P.O. Box 86, Johnstown, CO, 80534
Hearing Date: January 18, 2023
A Planned Unit Development (PUD) Final Plan for four (4) residential lots with Estate
Zone District Uses and one (1) lot for A (Agricultural) Zone District uses.
Lot B of Recorded Exemption RE -2746, being part of the NE4 of Section 30, T4N, R67W
of the 6th P.M., Weld County, Colorado
West of and adjacent to County Road 15 and east and south and adjacent to County
Road 42
+/- 81.53 acres Parcel #: 1059-30-0-00-008
The criteria for review of this Planned Unit Development Final Plan are listed in Chapter 27, Article VII of
the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Front Range Fire Rescue, referral dated September 30, 2022
➢ Town of Johnstown, referral dated September 27, 2022
➢ Little Thompson Water District, referral dated October 24, 2022
➢ Colorado Division of Water Resources, referral dated October 4, 2022
➢ Weld County Oil & Gas Energy Department, referral dated September 29, 2022
➢ Weld County Department of Public Health and Environment, referral dated September 28, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated September 23,
2022
➢ Weld County Department of Planning Services — Code Compliance, referral dated October 5, 2022
➢ Weld County Building Department —Addressing, referral dated December 27, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated September21, 2022
➢ Colorado Department of Transportation, referral dated September 21, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Berthoud
➢ Town of Milliken
➢ Town of Mead
➢ Weld County School District RE -5J
➢ Big Thompson Conservation District
➢ Great Western Railway Company
➢ PDC Energy, Inc.
➢ Sinclair Pipeline Company
PUDF22-0004 - Spring Meadows
Page 1 of 12
CASE SUMMARY:
The PUD Sketch Plan application (PUDK21-0002) proposes a non -urban scale development on
approximately eighty-one (81) acres. The site is currently zoned (A) Agricultural. South and east of and
adjacent to County Road 42 and west of and adjacent to County Road 15. The site currently has a 4,000
square foot outbuilding. The site is not located within a floodplain. The site is not located in a geological
hazard overlay zone. The site is located near to the Town of Johnstown, approximately 0.5 miles east of
existing sewer. PUDK21-0001 proposes four (4) residential lots for E (Estate) uses and one lot forA
(Agricultural) uses. The average lot size is 16.3 acres, and the minimum lot size is 4.79 acres. The
maximum lot size is 54.61 acres in size.
The development is proposing to use the Town of Johnstown VVater for potable water for Lots 1-3 and Lots
4 is proposed to be served by the Little Thompson VVater District and Lot 5 is served by an existing Little
Thompson Water District tap (Tap No. 58401). Septic systems for sewage disposal are proposed.
The zoning of the property was zoned PUD (under case # Z-570) by the Board of County Commissioners
on April 24, 2002 and the PZ-570 plat was recorded under October 16, 2002 under reception # 2996633.
A final plan application was submitted on March 25, 2005 but was never completed. The original PUD plan
under Z-570 was for eight (8) residential lots, twelve (12) acres of open space and a 54.4 -acre outlot. An
extension request (with the revised plan of 5 lots) was presented to the Board of County Commissioners
on May 10, 2021. The applicant was given an extension until November 14, 2022 to submit a revised Final
Plan application. The applicant resubmitted a sketch plan and administrative review comments were
provided to the applicant in January 2022. A PUD Final Plan application was submitted in August 2022.
The PUD Final Plan application was determined complete and referrals were sent out in September 2022.
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 Planned Unit Development Final Plan application
requirements per Section 27-7-30 of the VVeld County Code.
2. The submitted materials are in compliance with the Planned Unit Development per Section 27-7-40.C
of the VVeld County Code as follows:
A. Section 27-7-40.C.1 states -- That the proposal is consistent with Chapters 19, 22, 23, 24 and 26
of this Code and any intergovernmental agreement in effect influencing the PUD.
The VVeld County Comprehensive Plan adopted in 2020, codified in Chapter 22 of the VVeld 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."
This PUD is proposing to place residential lots in locations that do not interfere with the existing
agricultural operations on proposed Lot 5. There is an existing irrigation pivot on Lot 5 and the
applicant intends for it to remain. The residential lots (lots 1-4) are located outside of the pivot arc.
Two (2) separate access points are proposed (one access for lot 4 from County Road 42 and one
access for Lots 1-3 from County Road 15) are proposed in locations in order to not interfere with
and assist in maintaining the existing agricultural operation on Lot 5. Additionally, a building
envelope is proposed for Lot5to ensure buildings and structures are located outside of the irrigated
cropland area. This is consistent with the intent of the PUD change of zone (Z-570) that was
approved for this property in 2002.
Section 22-2-30.C, being one of the land use goals and objectives, states: "Harmonize
development with surrounding land uses."
PUDF22-0004 - Spring Meadows
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The PUD is in harmony with surrounding land uses. Lot 5 is a larger agricultural lot which is
consistent with agricultural lots and operations located to the north, northwest, southwest and
southeast of the property. There is an existing pivot on Lot 5. Existing larger residential subdivisions
are located 0.5 miles to the east and 1 mile to the west. A condition of approval is attached requiring
a building envelope to be shown on Lot 5 outside of the pivot area. This is consistent with what was
submitted and approved with the change of zone for this property that was approved under Z-570.
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 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. The uses on lots one (1) through four (4) will be limited to uses by right, uses subject to site
plan review, accessory uses and uses by permit in the E (Estate) Zone District The uses on lot five
(5) will be limited to uses by right, accessory uses and uses by special review in subdivisions and
historic townsites in the A (Agricultural) Zone District. No use by special review permits (as they
are site specific development plans) are permitted within this PUD.
Chapter 24 contains numerous Subdivision Design Standards which are applicableto Planned Unit
Developments per Section 24-4-10 of the Weld County Code. This proposal is consistent with
Chapter 24.
B. Section 27-7-40. C.2 states -- That 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 of this
Chapter.
The proposed PUD conforms with the performance standards as outlined in Chapter 27, Article II,
Section 27-2-20 through Section 27-2-220 of the VVeld County Code with the following exceptions:
Section 27-2-40. Bulk requirements —The applicant has chosen to adhere to the bulk requirements
of the E (Estate) Zone District for lots one (1) through (4) and adhere to the bulk requirements of
the A (Agricultural) Zone District for lot five (5). There is an existing outbuilding on Lot 5
constructed in 1962 that does not meet setbacks from the right-of-way for County Road 42. It
appears to encroach into the right-of-way for County Road 42.
Section 27-2-60 Common open space - No common open space is proposed. Common Open
space is required for urban scale developments. Section 27-2-190 defines Urban scale
developments as developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. A
total of only five (5) lots are proposed and Lot five (5) is an existing irrigated agricultural parcel.
Section 27-2-200. Uses — The applicant is requesting that uses for lots one (1) through four (4) will
adhere to the E (Estate) Zone District and uses in lot five (5) will adhere to the A (Agricultural)
Zone District. The uses on lots one (1) through four(4) will be limited to uses by right, uses subject
to site plan review, accessory uses and uses by permit in the E (Estate) Zone District The uses
on lot five (5) will be limited to uses by right, accessory uses and uses by special review in
subdivisions and historic townsites in the A (Agricultural) Zone District. No use by special review
permits (as they are site specific development plans) are permitted within this PUD.
C. Section 27-7-40. C.3 states -- That the uses which would 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 proposal is located to create a five (5) lot Planned Unit Development (PUD). The sizes of the
lots one (1) through four (4) range from 4.80 to 6.78 acres in size. Lot five (5) is 56.78 acres and
contains existing irrigated farmland on most of the parcel and contains a sprinkler pivot.
The property is located approximately 0.5 miles from the nearest municipality (Johnstown). The
property is also located within the cooperative planning agreement boundaries of Berthoud,
Johnstown, Mead, and Milliken. The Town of Milliken indicated that they were not interested in
PUDF22-0004 - Spring Meadows
Page 3 of 12
pursuing annexation in their notice of inquiry dated July 29, 2022. No notice of inquiry response
was received from Berthoud, Johnstown and Mead. No referral response was received from
Berthoud, Mead and Milliken regarding this case. The Town of Johnstown provided a referral
response and proposed modifications to the PUD plat and Utility Plans per their e-mail dated
September 27, 2022 and have been attached as conditions of approval.
The Town of Johnstown is proposing to provide water to Lots 1-3 of the proposed PUD. When the
extension was granted by the Board of County Commissioners to finalize this PUD in 2021, the
Town of Johnstown stated that they did not have the intention of pursuing annexation and that
septic systems would be the most practical for handling wastewater. Johnstown indicated that
should future development occur on a larger scale, the town would encourage and desire
annexation at that time.
D. Section 27-7-40.C.4 states -- That 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 Article II of this Chapter.
The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the
Weld County Code regarding water and sewer provisions.
The application materials indicate that the PUD will be served by the Little Thompson Water
District and the Town of Johnstown. Lots 1-3 are proposed to be served by the Town of Johnstown.
Little Thompson Water District will provide water to proposed Lot 4 and there is existing Little
Thompson VVater service on Lot 5 (tap #5841).
A draft Little Thompson VVater District Residential Water agreement was provided with the
application. The Little Thompson VVater District, in their referral dated 10/24/2022, stated that all
requirements in the commitment letter must be completed before water service can be obtained.
A draft Town of Johnstown Water Service agreement was provided with the application. This
agreement will need to be signed and recorded before water service can be provided.
All lots within the Olson Brothers PUD will be served by On -site wastewater treatment systems
(OWTS).
E. Section 27-7-40. C.5 states — That 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.
The proposed PUD will access onto County Road 15 and County Road 42. County Road 15 and
County Road 42 are gravel roads designated on the Weld County Functional Classification Map
as local roads (60 -feet of right-of-way).
F. Section 27-7-40. C. 6 states -- 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 district
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 the County's policy regarding collateral for improvements.
An improvements and road maintenance agreement has been required and is included as a
condition of approval of the PUDF.
G. Section 27-7-40.C.7 states -- That 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.
PUDF22-0004 - Spring Meadows
Page 4 of 12
The Planned Unit Development Final Plan is not located within a Special Flood Hazard Area,
Airport Overlay, Geological Hazard Area, or MS4 Area, or Agricultural Heritage Overlay District.
H. Section 27-7-40. C.8 states -- If compatibility exists between the proposed uses and criteria listed
in the development guide, and the final plan exactly conforms to the development guide.
The submitted Specific Development Guide does reflect the performance standards and allowed
uses described in the E (Estate) zone district and the A (Agricultural) zone district. Lots one (1)
through four (4) shall comply with all (Estate) requirements as described previously and lot (5)
shall adhere to the performance standards and allowed of the A (Agricultural) Zone District as
stated in the Weld County Code. No uses by special review are permitted within this PUD.
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 PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDIl1ONAL UPON THE FOLLOWING:
1. Prior to recording Planned Unit Development Plat:
A. The applicant shall provide written evidence to the Department of Planning Services that
requirements of Weld County School District RE -5J have been addressed or provide a response
from the RE -5J School District that they have no outstanding conditions. (Department of Planning
Services)
B. The applicant shall address the requirements of the Little Thompson VVater District, as stated in
their referral dated October 24, 2022. Written evidence of such shall be provided to the
Department of Planning Services. (Little Thompson VVater District)
C. The applicant shall address the requirements of the Front Range Fire Rescue, as stated in their
referral dated September 30, 2022. Evidence of such shall be provided to the Department of
Planning Services. (Front Range Fire Rescue)
D. The applicant shall attempt to address the comments of the Town of Johnstown regarding the
Draft PUD Plat as stated in their referral dated September 27, 2022. Evidence of such shall be
provided to the Department of Planning Services. (Town of Johnstown)
E. The applicant shall address the requirements of the Town of Johnstown (Draft Utility Plan), as
stated in their referral dated September 27, 2022. Evidence of such shall be provided to the
Department of Planning Services. (Town of Johnstown)
F. The Town of Johnstown Water Service agreement shall be signed and recorded either prior to
recording the PUDF22-0004 plat or the signed agreement shall be submitted for recording along
with the PUDF22-0004 plat. (Town of Johnstown)
G. The applicant shall acknowledge in writing the comments of the VVeld County Oil and Gas Energy
Department (OGED) as stated in their referral dated September 29, 2022. (OGED)
H. The applicant shall acknowledge in writing the comments of the Weld County Building
Department -Addressing, as stated in their referral comments dated December 27, 2022. (Weld
County Building Department —Addressing)
I. The applicant shall submit the name of the street of the proposed development along with the
street addresses for review to the Weld County Sheriff's Office, United States Postal Services and
Front Range Fire Rescue. Evidence of each agency's approval shall be submitted in writing to the
Department of Planning Services. This road name will be used in addressing of the PUD lots.
There shall be no duplication of road names within the area. (Department of Planning Services)
J. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the VVeld
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
PUDF22-0004 - Spring Meadows
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Department of Planning Services. (Department of Planning Services)
K. The applicant shall submit Certificates from the Secretary of State demonstrating that "The
Homeowners Association" has been formed and registered with the State. (Department of
Planning Services)
L. An Improvements Agreement for on -site improvements for Subdivisions/PUDs (Chapter 27-2-80,
Chapter 24-9-20) is required. This will include collateral to ensure the improvements, to include
the internal paved roadway, are completed and maintained. (Development Review)
2. The Planned Unit Development Plat shall delineate the following:
A. The plat shall be labeled PUDF22-0004. (Department of Planning Services)
B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-9-20
of the Weld County Code. (Department of Planning Services)
C. All utility easements shall conform to Section 24-3-60 of the Weld County Code and adhere to the
requirements of the Weld County Code. Utility easements on the plat shall adhere to the
recommendations of the VVeld County Utility Coordinating Advisory Committee fromthe November
10, 2022 Utility Advisory Committee meeting. (Department of Planning Services)
D. Show and label all recorded easements, ditches and rights -of -way on the map by book and page
number or reception number. (Department of Planning Services)
E. The Planned Unit Development Final Plat shall utilize PUD Plat Certificates Numbers 1, 3 and 4
as located in Appendix 26-P of the VVeld County Code. (Department of Planning Services)
F. County Road 15 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Development Review)
G. County Road 42 is a gravel road and is designated on the VVeld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by VVeld County. (Development Review)
H. Show and label the approved access location, and the appropriate turning radii on the final plat.
(Development Review)
I. 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. (Development Review)
J. Show and label the drainage flow arrows. (Development Review)
K. A building envelope shall be delineated on Lot 5 outside of the sprinkler pivot/overspray area for
the existing sprinkler pivot located on Lot 5 in order to preserve the existing irrigated cropland.
(Department of Planning Services)
3. The following notes shall be delineated on the Planned Unit Development Final Plat:
A. The purpose of this Planned Unit Development Final Plan, PUDF22-0004, is to allow four (4)
residential lots with Estate Zone District Uses and one (1) buildable lot for A (Agricultural) Zone
District uses.
B. The Planned Unit Development shall consist of one (1) buildable lot (Lot 5) with Agricultural Zone
bulk requirements and uses. Specifically, only Uses by Right, Accessory Uses and Uses Allowed
by Permit within the A (Agricultural) Zone District in subdivisions and historic townsites may be
allowed. At the time of application, the following uses are permitted within areas designated forA
(Agricultural) Zone District uses: a) Uses by Right: Animal boarding and animal training facilities
PUDF22-0004 - Spring Meadows
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where the maximum number of animal units permitted in Section 23-3-70.D below is not exceed
and traffic to and from the facility does not exceed sixty (60) daily trips; camping, fishing, hunting,
and noncommercial water skiing; county grader sheds; farming and gardening including structures
for storage of agricultural equipment and agricultural products and confinement or protection of
livestock. Converted, partially dismantled, modified, altered or refurbished manufactured homes
shall not be utilized as agriculturally exempt buildings orforthe storage of agricultural equipment
or agricultural products or confinement or protection of livestock; noncommercial towers no taller
than seventy (70) feet; police, ambulance, and fire stations or facilities; public parks; public
schools; one (1) single-family dwelling, foster care home, or group home per legal lot;
telecommunication antenna towers no taller than thirty-five (35) feet; utility service facilities; water
tanks, agriculture -related; one (1) caregiver of medical marijuana that is grown and sold pursuant
to the provision of Article 43.3, Title, C.R.S., and for purpose authorized by Section 14 of Article
XVIII of the Colorado per legal lot as per Article VII, Chapter 12, of the Weld County Code; b)
Accessory Uses: One (1) Cargo Container in accordance with Section 23-4-1100 per legal lot;
noncommercial junkyard, as long as it is enclosed within a building or structure or screened from
all adjacent properties and public rights -of -way in conformance with a screening plan approved
by the Department of Planning Services; Offices; outdoor storage of materials accessory to an
allowed use, as long as the materials are screened from adjacent lots and rights -of -way; Parking
areas and parking structures, not including parking of commercial vehicles; structures and
buildings accessory to uses permitted under Section 23-3-45 or Section 23-3-55 of Chapter 23
of the Weld County Code; swimming pools, tennis courts and similar accessory uses, and
structures; wind generators allowed as accessory uses in Section 23-4-450 of the Weld County
Code; c) Uses allowed by permit: Agricultural Support and Service, Agritainment, agriculture -
related event facilities, agritourism, and hunting lodges permitted under Division 17 of Article IV,
Chapter 23 of the Weld County Code; auxiliary quarters, which shall require approval of a
certificate of compliance by the Department of Planning Services to ensure the use complies with
the definition in Section 23-1-90 of the Weld County Code; bed and breakfast facilities permitted
under Division 17 of Article IV of the Weld County Code; brew pubs, breweries, distilleries, and
wineries permitted under Division 17 of Article IV, Chapter 23 of the Weld County Code; parking
of one (1) commercial vehicle per legal lot permitted under Division 12 of Article IV, Chapter 23
of the Weld County Code; community buildings permitted under Division 17 of Article IV, Chapter
23 of the Weld County Code; contractor's shops permitted under Division 17 of Article IV, Chapter
23 of the Wed County Code; golf courses permitted under Division 17 of Article IV of Chapter 23;
home occupations permitted under Division 13 of Article IV, Chapter 23 of the Weld County Code;
Keeping between five (5) and eight (8) household pets of one (1) species, or between eight (8)
and sixteen (16) household pets of two (2) or more species and, in addition, up to thirty (30) birds,
permitted under Division 17 of Article IV, Chapter 23 of the Weld County Code; manufactured
homes and structures permitted under Division 3 of Article IV, Chapter 23 of the Weld County
Code; noncommercial towers between seventy (70) and one hundred thirty (130) feet in height
permitted under Section 23-4-895 of the Weld County Code; one (1) semi -trailer used as
accessory storage per legal lot permitted under Division 11 of Article IV, Chapter 23 of the Weld
County Code; shooting ranges permitted under Division 17 of Article IV, Chapter 23 of the Weld
County Code; solar energy facility (5 ACRE SEF), being less than five (5) acres in size, subject
to the additional requirements of Section 23-4-1030 of the Weld County Code;
telecommunications antenna towers between thirty-five (35) and seventy (70) feet in height
permitted under Division 10 of Article IV, Chapter 23 of the Weld County Code; temporary
seasonal uses permitted under Division 7 of Article IV, Chapter 23 of the Weld County Code;
Veterinary clinics or animal hospitals permitted under Division 17 of Article IV, Chapter 23 of the
Weld County Code; wind generators requiring a zoning permit under Division 6 of Article IV,
Chapter 23 of the Weld County Code.
C. 3) The Planned Unit Development shall contain four (4) residential lots with Estate Zone 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 come; 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
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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 to include 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; on (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.
D. No uses by special review permit(s) shall be permitted within this Planned Unit Development.
(Department of Planning Services)
E. Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the VVeld County
Code, as amended.
F. Installation of utilities and requirements of the service providers shall comply with Section 24-3-60
and Section 24-3-180 of the Weld County Code. Any property owner shall not construct any
improvements within identified easements.
G. The existing 1,800 building constructed in 1962 (located in the NE portion of Lot 5) is a non-
conforming structure. Per the VVeld County Code: No such nonconforming structure or
nonconforming portion of a structure may be expanded, enlarged or altered in a way which
increases its nonconformity, except that those structures that are nonconforming by reason of
noncompliance with existing setback requirements may be expanded or enlarged so long as such
expansion or enlargement does not further diminish the nonconforming setback. No expansion or
enlargement of structures shall be allowed within an existing right-of-way.
H. Water service may be obtained from the Town of Johnstown or the Little Thompson Water District.
I. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by On -site wastewater treatment systems (OVVTS) 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.
J. Activity or use on the surface of the ground over any part of the OVVTS 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 orcapability of the component
to function as designed.
K. 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.
L. 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.
M. The PUD roadway shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking.
N. 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.
O. Weld County is not responsible for the maintenance of onsite drainage related features.
P. The historical flow patterns and runoff amounts on the site will be maintained.
Q. Weld County is not responsible for the maintenance on onsite subdivision roads.
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R. All proposed or existing structures will or do meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of setback in the
Weld County Code, the required setback is measured from the future right-of-way line. No building
unit shall be constructed within two hundred fifty (250) feet of any of any oil and gas facility, nor
any plugged and abandoned oil and gas well or within fifty (50) feet of any plugged or abandoned
oil and gas well. No variance from this section shall be granted such that it would allow any building
to be constructed within fifty (50) feet of any oil and gas facility, nor any plugged and abandoned
oil and gas well.
S. Building permits shall be obtained priorto the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-
20.B.13 of the Weld County Code do not need building permits; however, a Certificate of
Compliance must be filed with the Planning Department and an electrical and/or plumbing permit
is required for any electrical service to the building or water for watering or washing of livestock or
poultry.
T. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact, County Facility Fee and Drainage Impact Fee Programs.
U. The property owner shall be responsible for complying with the Performance Standards of Chapter
27, Article II and Article VIII of the Weld County Code.
V. 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 VVeld County regulations
W. The site shall maintain compliance at all times with the requirements of the VVeld County
Department of Public Works, Public Health and Environment, Planning Services and all applicable
Weld County regulations.
X. The site shall maintain compliance at all times with the requirements of the VVeld County
Government and the adopted Weld County Code and Policies.
Y. No development activity shall commence on the property, nor shall any building permits be issued
on the property until the final plan has been approved and recorded.
Z. 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 thirty (30) days thereof. A hearing shall be held by the Board of
County Commissioners within fifteen (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 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 this
Code and Section 30-28-101, et seq., C.R.S.
AA. The Amended PUD Final Plan process shall be followed when proposing changes to a recorded
Planned Unit Development plat as described in Article VII of Chapter 27 of the Weld County Code,
as amended.
BB. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the VVeld
County Code, as amended.
CC. 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
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the state.
DD.Mineral resource locations are widespread throughout the County and person 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.
EE. 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 VVeld 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.
FF. 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; odorfrom
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 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.
GG. 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.
HH. 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.
II. 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, sandburs, 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.
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4. Prior to Construction:
a. Obtain access permits for the two development accesses for residential use only.
(Development Review)
b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
5. Upon completion of Conditions of Approval 1., 2., and 3. above, the applicant shall submit one (1)
electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon 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 County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of this Code. The Mylar plat and additional requirements shall be
recorded within three (3) years from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three
(3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final
plan, or within a date specified by the Board of County Commissioners, the Board may require the
landowner to appear before it and present evidence substantiating that the PUD has not been
abandoned and that the applicant possesses the willingness and ability to record the plat. The Board
of County Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the PUD cannot be met, the Board may, after a public
hearing, revoke the PUD.
6. Failure to Submit. 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 submittal of the PUD
final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final
plan application and shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board of County Commissioners 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 may, at a public meeting, revoke the PUD Zone District and
order the recorded PUD Zone District reverted to the original zone district.
7. Failure to Record. The applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary
approval to the County Department of Planning Services. Upon 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 County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat
and additional requirements shall be recorded within three (3) years from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If
a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit
Development (PUD) change of zone or final plan, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present evidence
substantiating that the PUD has not been abandoned and that the applicant possesses the willingness
and ability to record the plat. The Board of County Commissioners may extend the date for recording
the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be
met, the Board may, after a public hearing, revoke the PUD.
8. Failure to Commence. If no construction has begun or no use established in the PUD within three (3)
years of the date of the approval of the PUD final plan, the Board of County Commissioners may
require the landowner to appear before it and present evidence substantiating that the PUD final plan
has not been abandoned and that the applicant possesses the willingness and ability to continue the
PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction
and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the
Board of County Commissioners determines that conditions supporting the original approval of the
PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board
may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated.
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9. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development
Final Plat not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution or Planning Department approval, a $50.00 recording continuance fee
shall be added for each additional 3 -month period.
10. Following recordation of the Planned Unit Development Final Plat, the property owners shall create
and record deeds for all the newly created lots; deeds shall include the legal description of each lot
and the reception of the Planned Unit Development Final Plat. New deeds are required even if lots will
remain under the same ownership. Failure to do so may create issues with the proper assessment of
the lots by the Weld County Assessor's Office and may create a clouded chain of title.
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