HomeMy WebLinkAbout20233573.tiff EXHIBIT
Before the Weld County , Colorado , Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Shana Morgan , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
Case Number: PUDF23-0002
Applicant: Amanda , Brandon . Lisa and Moriah Nguyen
Planner: Maxwell Nader
Request : A Site Specific Development Plan and Planned Unit Development Final Plan for six
(6 ) residential lots with E ( Estate ) Zone District uses and one ( 1 ) non-buildable outlot
with A (Agricultural ) Zone District uses .
Legal Description : Lot D 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 .
Location : West of and adjacent to County Road 31 ; approximately 0 . 5 miles north of County
Road 2 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are in compliance with the PUD Final Plan application requirements of
Section 27- 7- 30 of the Weld County Code .
2 . The submitted materials are in compliance with the PUD Final Plan review criteria per Section 27-7-
40 of the Weld County Code as follows :
A . Section 27- 7-40. C. 1 - 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 Weld County Comprehensive Plan adopted in 2020 , codified in Chapter 22 of the Weld
County Code , identifies Guiding Principles , Goals and Objectives to provide direction for land
use decisions . The PUD Change of Zone application has demonstrated consistency with the
adopted Weld County Comprehensive Plan as detailed below .
Section 22-2-30. A . 2. being one of the land use goals and objectives, which commit to the
economic future of agriculture, states: "Limit the density and intensity of development to maintain
agricultural areas. "
The proposed PUD seeks to develop using the Cluster PUD methodology , which by its design ,
has been created to limit the density and intensity of development by limiting the overall
maximum number of lots , by limiting the number of lots based on the overall size of the subject
parcel and by matching the proposed uses to the surrounding existing land uses . Additionally ,
the economic future of agriculture is retained by the requirement of the agricultural outlot , which
shall remain free from residential surface development as described elsewhere in this
recommendation . In particular, it is evident that the core purpose of this Cluster PUD is to group
otherwise potentially dispersed lots together, in order to retain a large , functional parcel for
productive agricultural purposes .
Section 22-2-30. C, being one of the land use goals and objectives, states: "Harmonize
development with surrounding land uses. "
The PUD is in harmony with surrounding land uses . Three ( 3) adjacent recorded exemption lots
of similar size and usage are located directly north of the proposed six (6 ) PUD residential lots .
This lot product is also replicated in the lands east of County Road 31 , in developments platted
within the City of Brighton . Furthermore , the existing ditch crossing of the Brighton Lateral will
not be impacted and the agricultural and large open space portion of the subject property will
remain in its present condition .
Chapter 23 details the allows land uses within each of the adopted Zone Districts . The
application does not request to alter any of the uses which are allowed in the base Zone
Districts , which have been selected to support the proposed PUD Zone District . This proposal is
consistent with Chapter 23 .
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 2
Consistency with Chapter 26(Regional Urbanization Areas),although no longer applicable,is
later reviewed in Section 2 H 7 of this document
Consistency with Intergovernmental Agreements and Chapter 19(Coordinated Planning
Agreements)is later reviewed in Section 2 H 8 of this document
B Section 27-7-40 C 2-That the uses which would be allowed in the proposed PUD will conform
with the performance standards of the PUD Zone Distnct contained in Article ll of this Chapter
The residential and agricultural uses that will 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
C Section 27-7-40 C 3-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 Chapter22 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 would be in compliance with the existing or future
development of the surrounding area
The Weld County Department of Planning Services sent notice to twenty four(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 subdivision in the area and while the majority those subdivisions are located in the
City of Brighton,their lot specifications are relatively consistent with the subject PUD,granted
this PUD is of smaller scale Other surrounding land uses include predominately large tracts of
irrigated and dryland production agriculture and oil and gas production facilities There are
sporadic commercial-agriculture and industrial businesses in the area,permitted by several Use
by Special Review permits,but all are at significant distance and beyond view from the PUD,
none of which would impactor would be impacted by the subject development
D Section 27-7-40 C 4-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 ll of this Chapter
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 PUD is via proposed individual on-lot wells,located on each of the six(6)
proposed residential lots The Weld County Attorney's Office has approved this source of water,
as a typical PUD must be served by a public water source However,as allowed per Section 27-
2-210 of the Weld County Code which states in part" An exception may be granted for nine
(9)lots or less residentially clustered PUDs when public water is not available and the residential
PUD results in an intensity of development that preserves and enhances agricultural lands and
production A PUD applying for an exception to the public water requirement mustbe considered
a nonurban scale development as defined in this Chapter A PUD not served by public water
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
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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 sought pursuant to section 37-92-602(3)(b)(II)(A),C R S 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
CDWR states well permit no 318429 must be re-permitted 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 On-Site Wastewater Treatment System(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
staff Sanitary sewer service is not available at this location
E Section 27-7-40 C 5-That street or highway facihties 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 Distnct
Per the Weld County Department of Planning Services—Development Review Engineer referral
comments,dated September 26,2023,the parcel has an existing access onto CR 31 This
access point 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
City concerning permitting and any required improvements
F Section 27-7-40 C 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 distnct application a
separate proposal for on-site and off-site mad improvements This proposal shall describe,in
detail,the type of on-site improvements►n comphance with Section 24-9-10 and off-site mad
improvements in comphance with Section 24-9-20,to determine if the requirement for street or
highway facihties providing access to the property has been satisfied The method of guarantee
shall conform with the County's policy regarding collateral for improvements
Per the Weld County Department of Planning Services—Development Review Engineer referral
comments,dated September26,2023,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
G Section 27-7-40 C 7-That them has been comphance with the applicable requirements
contained in Chapter 23 regarding overlay distncts,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 application that no commercial mineral deposits are located under the proposed PUD
The Colorado Geological Survey(CGS)referral response dated September 1,2023,states no
concerns with this 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
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Amanda,Brandon,Lisa and Monah Nguyen
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and Foundation Recommendations prepared by High Plains Engineering and Design,LLC,
dated April 22,2021
H Section 27-7-40 C 8-if compatibdtty exists between the proposed uses and criteria listed in the
development guide,and the final plan exactly conforms to the development guide
Consistency exists between the proposed PUD Final Plan and the Specific Development Guide
as submitted in the application materials No major inconsistencies were noted The eight(8)
major components of the PUD,per Section 27-6-30 of the Weld County Code,have been
reviewed,as detailed below
1 Component One-Environmental impacts
Section 27-6-40 A of the Weld County Code states"The intent of Component One is to
identify and isolate any possible impacts the proposed use may have upon the environment
on the site,as well as on neighboring sites"
Multiple agencies were invited to comment on this application,many of which have director
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 Colorado Department of
Public Health and Environment None of these agencies identified any concerns
Based on this review,the application appears to satisfactorily address the impacts of the
PUD relative to environmental impacts
2 Component Two-Service provision impacts
Section 27-6-50 A of the Weld County Code states"The intent of Component Two is to
ensure that service provisions to the site have been adequately planned for and are
available to serve the site now and into the future"
A variety a service providers will serve this PUD including the Colorado Division of Water
Resources,Weld County Department of Public Health and Environment,City of Brighton,
Xcel Energy,United Power,Brighton Fire Rescue and RE-27J School District It is
anticipated that the United States Postal Service and other private parcel couriers may
serve the PUD Garbage collection services,communications,including Internet and cable
will be selected 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 RE-27J School District
Xcel Energy in their referral dated August 25,2023 delineated concerns on the location of a
6 foot wide utility easement and location of it United Power in their referral dated
September 1,2023 is requesting a 5'wide dry utility easements on the side lots of 3-5 and a
5'wide dry utility easement on the west side lot on 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
will be heard
RE-27J returned a referral 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 RE-27J requirements and concerns Brighton Fire Rescue returned a
referral on August 14,2023 with no concerns
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 5
3 Component Three-Landscaping elements
Section 27-6-60 A of the Weld County Code states"The intent of the landscape plan is to
ensure that the landscaping and aesthetics of the site are compatible to that of surrounding
land uses and that the site will provide and maintain an increased sense of place for those
inside of the development The landscape plan shall provide clear and supported
information both by written statements and graphic representations The information will
provide an ample quantity and variety of ornamental plant species which are regarded as
suitable for this climate Landscape treatment will be balanced with both evergreen and
deciduous plant material with sufficient use of upright species for vertical control Plant
material selection will be reviewed for adaptability to physical conditions of the site plan"
As this PUD is for residential purposes with no proposed outlots besides the conservation
outlot and right-of-way,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 Component Four-Site design
Section 27-6-70 A of the Weld County Code states"The intent of Component Four is to
ensure that the PUD is established with consideration to the site's advantages and
limitations,as well as the compatibility of the development to adjacent-sites The design of
the site should consider all existing features,both natural and man-made,to determine
those inherent qualities that give the site and the surrounding area its character"
As submitted in the application materials,the 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 Component Five-Common open space usage
Section 27-6-80 A of the Weld County Code states"Common open space is an essential
community asset and an important component of a development's design in a PUD
Common open space attempts to preserve ecologically important environments,provides
attractive views and space for recreational activities and buffers the development from other
land uses The intent of Component Five is to ensure that each development provides an
appropriate amount and type of open space within the site"
The PUD will provide approximately one hundred(100)acres of common open space,
comprised of the Cluster PUD outlot This area includes a small waterbody and farmland
within the outlot This outlot will be maintained and have restricted development rights in
perpetuity,as detailed in this document and to be incorporated into the CCRs
6 Component Six-Proposed signage
Section 27-6-90 A of the Weld County Code states"To encourage the effective use of signs
as a means of communication in unincorporated Weld County,to maintain and enhance the
visual corridors and the County's ability to attract sources of economic development and
growth,to improve pedestrian and traffic safety,to minimize the possible adverse effect of
signs on nearby public and private property,and to enable the fair and consistent
enforcement of sign restrictions"
The application materials did not address signage for the PUD However,should any
signage be proposed in the future for such purposes including the identification of the PUD,
it shall adhere to the adopted Weld County Sign Code Furthermore,signage may also be
requested by law enforcement and emergency responders
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
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7 Component Seven-RUA impacts
Section 27-6-100 A of the Weld County Code states"The RUA has been developed to
provide high quality development in an urban corridor area within the County and,therefore,
development in the RUA is driven by the intensity of the use and the impacts of the use on
adjoining neighbors and the community"
The PUD is not located within the 1-25 Overlay District,which details landscaping
requirements,the limited predecessor of Regional Urbanization Area(RUA)Overlay
Districts Therefore,no adherence of the PUD to the I-25 Overlay District was required Prior
to the dissolving of RUAs,this PUD was not located within any designated RUA
8 Component Eight-Intergovernmental agreement impacts
Section 27-6-110 A of the Weld County Code states "Efficient and orderly land
development directs PUD developments to locate where urban services exist or can more
easily be provided,such as in close proximity to municipalities and within the RUA
Currently,the County and many municipalities are cooperating in joint planning efforts to
achieve a consistent vision for land surrounding municipal boundaries This coordination is
achieved through intergovernmental agreements"
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 form was sent to the
City of Fort Lupton Per the Notice of Inquiry Form dated March 7,2022 and submitted with
the application materials,there is no annexation interest,and the property is located outside
the Fort Lupton future land use area The PUD is located within the three(3)mile referral
area of Adams County,City of Brighton,City of Fort Lupton and Town of Lochbuie City of
Fort Lupton did not have any concerns or comments on their referral dated September 18,
2023 Adams County,Lochbuie,and Brighton did not respond to the referral request
Additionally,the County does not have a Coordinated Planning Agreement 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
forty(40)years from the date of final approval
This PUD is being proposed on agricultural lands,in both terms of current zoning and current
land use This statement is confirmed by the Weld County Assessor's Property Report valuation
of this land As such,the property will continue to be used for productive farming activities,which
is certainly possible,as the property contains both irrigated and dryland farm ground
Furthermore,the 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 from residential uses
B The outlot shall be restricted to operations and be free from development for any other uses for
a period of forty(40)years from the date of final approval
The agricultural outlot will be preserved for agricultural operations only and no development may
occur,for at least forty(40)years from the date the PUD Final Plan is approved Structures and
activities in support of agricultural operations shall be permitted and are not considered
development for the purposes of this application
1
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
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C A minimum of two-thirds(2/3)of the total area of the tract must be reserved for the preservation
of contiguous land
The property is approximately 122 5 acres in size Two-thirds of this area is approximately 81 6
acres The applicant is voluntarily exceeding this minimum reservation of 81 6 acres as the
proposed outlot is approximately 100 acres
D The outlot maybe used for all agricultural uses by right,as passive view corridors,recreation or
the preservation of environmentally sensitive features such as wddtife 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 Covenants,Conditions and
Restrictions(CCR)document
F The intent of the A(Agricultural)Zone District as outlined in Chapter 23 and the Comprehensive
Plan,Chapter 22 of this Code,mcluding Weld County's Right to Farm,Appendix 22-E,shall be
met
This PUD will not interfere with the surrounding A (Agricultural) zoned properties in
unincorporated Weld County The intent of the A(Agricultural)Zone soundly applies to the
proposed use of the outlot This PUD is in line with the goals of the Weld County Comprehensive
Plan and is supported by the Weld County Right to Farm Statement
G A Cluster PUD may be used in urban and nonurban areas A Cluster PUD shall follow the
procedures as outlined in this Code
A Cluster PUD is equally permittable in currently defined urban or non-urban areas per the PUD
Ordinance Given that this part of Weld County contains both urbanizing and non-urbanizing
features,a Cluster PUD is an appropriate land development tool
The concept of non-urban development has further been expanded under the definitions of the
Weld County Subdivision Ordinance, which now distinguish between Non-Urban
Scale Development and Rural Scale Development Per Section 24-1-40, Rural Scale
Development is defined as"Rural scale developments require a potable water source,private
sewer systems and internal roads This development type allows remaining areas to be utilized
for agricultural purposes,open space and environmental conservation"This classification is
distinguished from Non-Urban Scale,which requires a public water source
Given that a core feature of Cluster PUDs is the ability to obtain an exception to public water,it
is consistent and foreseen that a Cluster PUD may be considered a Rural Scale Development,
being a term that was adopted after the promulgation of the current Weld County Planned Unit
Development Ordinance
H The number of single-family residential units must not exceed two(2)per thirty-hve-
acre increment The residential lots created by this option may not be further subdivided in the
future
f
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 8
' The property is approximately 122 5 acres in size There are approximately 3 5 thirty-five acre
increments within this parcel Two(2)residences are allowed per each of these increments,
giving a total allotted residential unit maximum of seven(7) As only six(6)single family
residential units are proposed,this PUD proposal is compliant
Additionally,per Section 27-2-140-Nonurban scale development proposing individual,private
wells and septic systems shall have a minimum lot size of two and one-half(21/)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 Nonurban 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 of the primary guiding principles of the Weld County
Comprehensive Plan supports the ability for the property owners to pursue this application,even
though conflict exist within the Weld County Code In brief review,the Chapter 24 definition is
better supported by the Comprehensive Plan goals rather than the Chapter 27 definition
because the Chapter 24 definition is consistent with the guiding principles of"Respecting Our
Agricultural Heritage"and"Respecting Private Property Rights"
The first principle is supportive of this position,as it highlights the most primary tradition and
character of the County,being the importance of agriculture in the County As this PUD
application seeks to expressly preserve over one hundred(100)acres of land,being more than
the minimum amount required,and that the land is capable and will continue to be used for
farming,and that this land may not be developed for other land uses for at least forty(40)years,
there is clearly demonstrated adherence to this principle The second principle is supportive of
this position,as it provides a private property owner an option to split their land,within the
bounds of a currently adopted land division method,so long as this development does not
interfere with or infringe upon the rights of others As no identified nuisances or impediments
upon other surrounding property owners or the public have been identified,adherence to this
principle is also demonstrated Both of these positions are in align with identity of Weld County,
which seeks to lessen the degree of burden on its citizens as much as possible
This recommendation is based,in part,upon a review of the application materials submitted by the
applicant,other relevant information regarding the request,and responses from referral entities
The Planned Unit Development Final Plan is conditional upon the following
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(Development Review)
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B An acceptable Traffic Narrative,that includes all traffic using the internal road,shall be
submitted(Development Review)
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 CR 31 (Development Review) -
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(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(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(Department of Planning Services)
G The finalized Declaration of 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(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 responses dated August 18,2023 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services(Department
of Planning Services)
I The applicant shall acknowledge the comments of the 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(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(Department of Planning Services)
K The applicant shall acknowledge the comments of the 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(Department of Planning Services)
2 The Planned Unit Development Final Plan plat shall delineate the following
A All sheets of the plat shall be labeled Planned Unit Development Final Plan No PUDF23-0002
(Department of Planning Services)
B The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code
(Department of Planning Services)
C 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)
D 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
Resolution PUDF23-0002
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Coordinating Advisory Committee,held on November 9,2023 (Department of Planning
Services)
E 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(Department of Planning Services)
F 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 Show the approved
access on the site plan and label with the approved access permit number,if applicable
(Development Review)
G 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
(Development Review)
H Show and label the drainage flow arrows(Development Review)
3 Prior to Construction
A If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required
(Development Review)
4 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 and governed by the Plat Notes stated hereon and all applicable Weld County
regulations(Department of Planning Services)
2) The area located west of and including the Brighton Lateral Ditch prescriptive easement,shall
be designated for A(Agricultural)Zone District bulk requirements and uses,limited to select
agricultural operations and may contain agricultural-exempt structures in support of such
agricultural operations Specifically,the following uses are permitted within areas designated for
A(Agricultural)Zone District uses Ditch and irrigation infrastructure,camping,fishing,hunting,
farming,ranching,gardening,including structures for storage of agricultural equipment and
agricultural products and confinement or protection of livestock,and agriculture-related water
tanks(Department of Planning Services)
3) The area located east of the Brighton Lateral Ditch shall be designated for E(Estate)Zone
District bulk requirements and uses Specifically,only Uses by Right,Uses by Site Plan Review,
Accessory Uses and Uses by Permit within the E(Estate)Zone District may be allowed At the
time of application,the following uses are permitted within areas designated for E(Estate)Zone
District uses a)Uses by Right gardening,fishing and noncommercial water skiing,one(1)
noncommercial tower up to forty(40)feet in height per legal lot,public parks,public schools,one
(1)single-family dwelling,foster care home,or group home facility per legal lot,and utility
service facilities b)Uses by Site Plan Review churches,golf courses,police,ambulance,and
fire stations or facilities,private schools,and public and private recreational facilities c)
Accessory Uses animal boarding and animal training facilities where the maximum number of
animal units permitted in the bulk requirements is not exceeded and traffic to and from the
facility does not exceed sixty(60)daily trips,farming,parking areas and parking structures,not
including parking of commercial vehicles,structures and buildings accessory to uses by right,
not including cargo containers,swimming pools,tennis courts and similar accessory uses and
structures,and accessory wind generators d)Uses by Permit auxiliary quarters,which shall
require approval of a Certificate of Compliance,Class I and Class II home occupations requinng
a zoning permit,one
(1)noncommercial tower between forty(40)and seventy(70)feet in height per legal lot requiring
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 11
a zoning permit,oil and gas facilities requiring a 1041 WOGLA permit,parking of one(1)
commercial vehicle per legal lot requiring a zoning permit,pipelines-natural gas or pipelines-
petroleum products other than natural gas requiring a LAP permit,and wind generators requiring
a zoning permit
4) No Uses by Special Review permit shall be permitted within this Planned Unit Development
(Department of Planning Services)
5) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24,
C R S,as amended and Chapter 23,Article VIII of the Weld County Code(Department of
Planning Services)
6) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code,
as amended(Department of Planning Services)
7) All occupied buildings shall be located on a platted and buildable lot No occupied structures
shall be permitted in the outlots,agriculturally-exempt structures are excluded from this
restriction(Department of Planning Services)
8) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700,as
amended(Department of Planning Services)
9) Any such provision included with the recorded Declaration of Covenants,Conditions and
Restrictions may be more restrictive than Weld County Zoning Code requirements,however,will
not be enforced by Weld County In no event shall bulk requirements and lot standards be less
restrictive than Weld County Code(Department of Planning Services)
10)Water service may be obtained from an appropriately permitted well (Department of Public
Health and Environment)
11)Lot owners should be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer,Division of Water Resources,the quantity of water available for
usage may be limited to specific uses,i e,domestic use only,etc Also,groundwater may not
meet all drinking water standards as defined by the Colorado Department of Public Health and
Environment We strongly encourage lot owners to test their dunking water prior to consumption
and periodically test it over time(Department of Public Health and Environment)
12)The parcels are currently not served by a municipal sanitary sewer system Sewage disposal
may be by an on-site wastewater treatment system(OWTS)designed in accordance with the
regulations of the Colorado Department of Public Health and Environment,Water Quality
Control Division,and the Weld County Code in effect at the time of construction,repair,
replacement,or modification of the system(Department of Public Health and Environment)
13)Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed(Department of Public Health and Environment)
14)During development of the site,all land disturbances shall be conducted so that nuisance
conditions are not created If dust emissions create nuisance conditions,at the request of Weld
County Environmental Health Services,a fugitive dust control plan must be submitted
(Department of Public Health and Environment)
15)If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months
in duration,the responsible party shall prepare a fugitive dust control plan,submit an air
pollution emissions notice application,and apply for a permit from the Colorado Department of
Public Health and Environment(Department of Public Health and Environment)
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 12
16)The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II,of the Weld County Code(Development Review)
17)The PUD internal roadway shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking(Development Review)
18)The historical flow patterns and runoff amounts on the site will be maintained(Development Review)
19)Weld County is not responsible for the maintenance of onsite internal roads (Development
Review)
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(Department of Planning Services)
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 (Department of Planning
Services)
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
(Department of Planning Services)
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 and Development Standards stated herein and all applicable Weld County regulations
(Department of Planning Services)
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 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
25)The 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
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
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 13
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times,
mineral resource sites are fixed to their geographical and geophysical locations Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource
28)WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country
in total market value of agricultural products sold The rural areas of Weld County may be open
and spacious,but they are intensively used for agriculture Persons moving into a rural area
must recognize and accept there are drawbacks,including conflicts with long-standing
agricultural practices and a lower level of services than to town Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas open views,spaciousness,
wildlife,lack of city noise and congestion,and the rural atmosphere and way of life Without
neighboring farms,those features which attract urban dwellers to rural Weld County would
quickly be gone forever
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area Well-run
agricultural activities will generate off-site impacts,including noise from tractors and equipment,
slow-moving farm vehicles on rural roads,dust from animal pens,field work,harvest and gravel
roads,odor from animal confinement,silage and manure,smoke from ditch burning,flies and
mosquitoes,hunting and trapping activities,shooting sports,legal hazing of nuisance wildlife,
and the use of pesticides and fertilizers in the fields,including the use of aerial spraying It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County Section 35-3 5-102,C R S,provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been,and continues to be,the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved"out of the way"of residential
development When moving to the County,property owners and residents must realize they
cannot take water from irrigation ditches,lakes,or other structures,unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size
(twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)
miles of State and County roads outside of municipalities The sheer magnitude of the area to be
served stretches available resources Law enforcement is based on responses to complaints
more than on patrols of the County,and the distances which must be traveled may delay all
emergency responses,including law enforcement,ambulance,and fire Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies
County gravel roads,no matter how often they are bladed,will not provide the same kind of
surface expected from a paved road Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm Services in rural
areas,in many cases,will not be equivalent to municipal services Rural dwellers must,by
necessity,be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting
Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps
and center pivot operations,high speed traffic,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
Resolution PUDF23-0002
Amanda,Brandon,Lisa and Monah Nguyen
Page 14
5 Upon completion of Conditions of Approval 1 and 2 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'staff(Department of Planning Services)
6 The Planned Unit Development Final Plan plat shall be submitted to the Department of Planning
Services for recording within one hundred and twenty(120)days of approval by the Board of County
Commissioners(Department of Planning Services)
7 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
Motion seconded by Michael Wailes
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
1 County,Colorado,adopted on November 7,2023
Dated the 7.of November,2023
Kristine Ranslem
Secretary
EXHIBIT
.13
si
Uab 4 a•
Summary of the Weld County Planning Commission Meeting
Tuesday , November 7 , 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair
Elijah Hatch , at 1 : 30 p . m .
Roll Call .
Present : Elijah Hatch , Michael Wailes , Pamela Edens , Michael Palizzi , Shana Morgan , Barney
Hammond .
Absent : Skip Holland , Butch White , Virginia Guderjahn .
Also Present : Kim Ogle , Diana Aungst , Maxwell Nader, and Tom Parko , Department of Planning Services ,
Lauren Light , Department of Health , Karin McDougal and Bruce Barker. County Attorney , and Kris
Ranslem , Secretary .
Case Number: PUDF23-0002
Applicant : Amanda , Brandon , Lisa and Moriah Nguyen
Planner: Maxwell Nader
Request A Site Specific Development Plan and Planned Unit Development Final Plan for
six (6 ) residential lots with E ( Estate ) Zone District uses and one ( 1 ) non-buildable
outlot with A (Agricultural ) Zone District uses .
Legal Description : Lot D Recorded Exemption RECX20-0040 , being part of the S1 /2 N1 /2 of Section
33 . Township 1 North , Range 66 West of the bin P . M . ; Weld County . Colorado .
Location : West of and adjacent to County Road 31 : approximately 0 . 5 miles north of County
Road 2 .
Maxwell Nader, Planning Services , presented Case PUDF23-0002 , reading the recommendation and
comments into the record . Mr . Nader noted that there were three ( 3 ) letters received from surrounding
property owners with concerns of traffic and the potential of more water wells that would bring to the local
and geological water conditions . The Department of Planning Services recommends approval of this
application along with conditions of approval .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control .
Commissioner Hatch asked if the City of Brighton is contesting anything with the access . Mr . Nader said
that Brighton did not respond to the referral ; however, Staff has reached out to Brighton multiple times . He
added that there are conditions in place to finalize the access permit .
Lisa and Brandon Nguyen , 503 CR 31 , Brighton , Colorado . Mr. Nguyen said that the goal of this application
is to split 20 acres into six (6 ) acres consisting of five ( 5) houses being built for their family . The purpose is
to continue farming their 100-acre outlot . With the approval of this application , it would give them the ability
to have the family operate a family farm with livestock .
Mrs . Nguyen stated that she spoke to Brighton and did recently complete an access permit application . Ms .
Nguyen stated that they were told when they tried applying for the access permit at different stages of the
process to wait because the access permit application would expire prior to the final approval .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
C . Vincent Phelps , 13577 CR 2 . Brighton , Colorado , stated that he is the Trustee of the land to the west .
He added that the land to the west and the land that the Nguyens own was once owned by one property
owner and the previous owner had put in three ( 3 ) reservoirs for flood control and irrigation . He added that
the drainage went into those reservoirs and irrigated his property . Mr. Phelps expressed concern that the
development would adversely affect the flow of water into those reservoirs and would like to have the
Nguyens agree that the development will not affect the reservoirs .
1
Mr Nguyen stated that they have no intention of stopping that water flow and added that the six(6)lots are
north of the Brighton Lateral Ditch and that flow should not be interrupted Mr Nguyen said that the PUD
process protects that 100-acre outlot for 40 years so it will be farmed guaranteed
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case PUDF23-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval,Moved by Shana Morgan,
Seconded by Michael Wailes
Vote Motion carried by unanimous roll call vote(summary Yes=6)
Yes Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan
Meeting adjourned at 6 01 p m
Respectfully submitted,
Kristine Ranslem
Secretary
i
2
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