HomeMy WebLinkAbout20230147.tiffBEFORE THE WELD COUNTY, COLORADO; PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
P U DZ22-0003
AMANDA. BRANDON; LISA AND MORIAH NGUYEN
MAX NADER
A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) FOR SIX (6) RESIDENTIAL LOTS WITH
E (ESTATE) ZONE DISTRICT USES AND ONE (1) NON -BUILDABLE OUTLOT
WITH A (AGRICULTURAL) ZONE DISTRICT USES.
LOT D REC EXEMPT RECX20-004Q PART S2N2 SECTION 33, T1 N, R66W OF
THE 6TH P M. WELD COUNTY, COLORADO
WEST OF AND ADJACENT TO CR 31, APPROXIMATELY 0.5 MILES NORTH OF
CR 2.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 The submitted materials are in compliance with the PUD Change of Zone application requirements of
Section 27-5-30 of the Weld County Code.
The submitted materials are in compliance with the PUD Change of Zone review criteria per Section 27-6-
120.B.2 of the Weld County Code as follows:
A. Section 27-6-120.8.2.a - The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Regional
Urbanization Areas) of the Weld County Code.
The Weld County Comprehensive Plan adopted in 2020, codified in Chapter 22 of the Weld County
Code, identifies Guiding Principles, Goals and Objectives to provide direction for land use decisions.
The PUD Change of Zone application has demonstrated consistency with the adopted Weld County
Comprehensive Plan as detailed below.
Section 22-2-30.A.2, being one of the land use goals and objectives, which commit to the economic
future of agriculture, states: "Limit the density and intensity of development to maintain agricultural
areas.
The proposed PUD seeks to develop using the Cluster PUD methodology, which by its design, has
been created to limit the density and intensity of development by limiting the overall maximum
number of lots. by limiting the number of lots based on the overall size of the subject parcel and by
matching the proposed uses to the surrounding existing land uses. Additionally., the economic future
of agriculture is retained by the requirement of the agricultural outlot, which shall remain free from
residential surface development as described elsewhere in this recommendation. In particular, it is
evident that the core purpose of this Cluster PUD is to group otherwise potentially dispersed lots
together, in order to retain a large, functional parcel for productive agricultural purposes.
Section 22-2-30. C, being one of the land use goals and objectives, states: "Harmonize development
with surrounding land uses."
The PUD is in harmony with surrounding land uses. Three (3) adjacent recorded exemption lots of
similar size and usage are located directly north of the proposed six (6) PUD residential lots. This lot
product is also replicated in the lands east of County Road 31, in developments platted within the City
of Brighton. Furthermore, the existing ditch crossing of the Brighton Lateral will not be impacted and
the agricultural and large open space portion of the subject property will remain in its present
condition.
Chapter 23 details the allows land uses within each of the adopted Zone Districts. The application
does not request to alter any of the uses which are allowed in the base Zone Districts, which have
been selected to support the proposed PUD Zone District. This proposal is consistent with Chapter
23.
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AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 2
Chapter 24 contains numerous Subdivision Design Standards which are applicable to Planned Unit
Developments per Section 24-4-10 of the Weld County Code These design and improvement -based
Standards will be reviewed in future PUD Final Plan applications, should this request be approved
This proposal is consistent with Chapter 24
Consistency with Chapter 26 (Regional Urbanization Areas), although no longer applicable, is later
reviewed in Section 2 H 7 of this document
Consistency with Intergovernmental Agreements and Chapter 19 (Coordinated Planning
Agreements) is later reviewed in Section 2 H 8 of this document
B Section 27-6-120 B 2 b - The uses which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD Zone Distnct contained in Article II, chapter 27 of the Weld
County Code
The proposed residential and agricultural uses that will be permitted by the subject PUD Change of
Zone application have demonstrated conformance with select Performance Standards as outlined in
Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the Weld County Code In
particular, Section 27-2-55 details the Cluster PUD Performance Standard and Section 27-2-76
details the Conservation Easement Performance Standard The design of this PUD adheres to both
these stated Standards
C Section 27-6-120 0 2 c - The uses which would be permitted shall be compatible with the existing or
future development of the surrounding area as permitted by the existing zoning, and with the future
development as projected by Chapter 22 of the Weld County Code or master plans of affected
municipalities
The PUD Change of Zone application has demonstrated that the proposed PUD zoning and
requested uses would be in compliance with the existing or future development of the surrounding
area
The Weld County Department of Planning Services sent notice to eighteen (18) surrounding property
owners within 500 feet of the PUD No noticed property owner responses were received back
Use by right residential and agricultural land uses dominate the area There are at least five (5) other
platted subdivision in the area and while the majority those subdivisions are located in the City of
Brighton, their lot specifications are relatively consistent with the subject PUD, granted this PUD is of
smaller scale Other surrounding land uses include predominately large tracts of irrigated and dryland
production agriculture and oil and gas production facilities There are sporadic commercial -agriculture
and industrial businesses in the area, permitted by several Use by Special Review permits, but all are
at significant distance and beyond view from the PUD, none of which would impact or would be
impacted by the subject development
D Section 27-6-120 B 2 d - The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Article II the Weld County
Code
Per the Weld County Department of Public Health and Environment referral, dated August 30, 2022,
the application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the
Weld County Code in regard to water and sewer provisions
Water service to PUD is via proposed individual on -lot wells, located on each of the six (6) proposed
residential lots The Weld County Attorney's Office has approved this source of water, as a typical
PUD must be served by a public water source However, as allowed per Section 27-2-210 of the
Weld County Code which states in part " An exception may be granted for nine (9) lots or less
residentially clustered PUDs when public water is not available and the residential PUD results in an
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intensity of development that preserves and enhances agricultural lands and production A PUD
applying for an exception to the public water requirement must be considered a nonurban scale
development as defined in this Chapter A PUD not served by public water shall preserve a minimum,_
eighty -acre agricultural outlot except for Cluster PUDs "
Per the Colorado Division of Water Resources referral, dated November 2, 2022 "The ability for the
lots to obtain well permits will be determined at the time [well] permit applications are filed with and
evaluated by the State Engineer's Office " The estimated water demand for each lot is 0 5 acre-feet
per year No material concerns were identified in the referral besides the need to re -permit an
existing water well
Sewage disposal will be provided by on -site wastewater treatment systems (OWTS) located on each
individual lot An On -Site Wastewater Treatment System (OWTS) Report completed by High Plains
Engineering and Design, LLC, dated May 26, 2021, was included with the application and was
accepted by Weld County Department of Public Health and Environment staff Sanitary sewer service
is not available at this location
E Section 27-6-120 B 2 e - The street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic requirements of
the uses of the proposed PUD Zone District
Per the Weld County Department of Planning Services — Development Review Engineer referral
comments, dated August 25, 2022, although County Road 31 (paved) appears to be adequate in
functional classification, width, and structural capacity to meet the potential traffic requirements, the
Town of Brighton has jurisdiction `over this roadway While the City expressed concerns with
compliance with the City's Comprehensive Plan Designation, there were no stated issues with the
roadway functional classification, width, and structural capacity Additionally, as detailed in the PUDK
application, a Traffic Conformance memorandum, dated April 19, 2021, was requested by Brighton
in lieu of a traffic impact study due to the small development scope Brighton has not submitted any
comments or concerns with this memo Post approval of the future PUD Final Plan application, a
right-of-way access permit shall be obtained from the City of Brighton
F Section 27-6-120 8 2 f - An off -site road improvements agreement and an on -site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a
road improvements agreement is complete and has been submitted, itappl►cable
An off -site road improvements agreement and on -site improvements agreement will likely be a
required condition of approval for the future PUD Final Plan application
G Section 27-6-120 B 2 g - Them has been compliance with the applicable requirements contained in
Chapter 23 of the Weld County Code 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 application that
no commercial mineral deposits are located under the proposed PUD The Colorado Geological
Survey (CGS) referral response dated September 19, 2022, states no concerns with this PUDZ
application Similarly, the CGS had no comments on the PUDK application The site will be
developed in accordance with the Subsurface Investigation and Foundation Recommendations
prepared by High Plains Engineering and Design, LLC, dated April 22, 2021
H Section 27-6-120 B 2 h - Consistency exists between the proposed zone distnct, uses, the specific or
conceptual development guide
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AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 4
Consistency exists between the proposed PUD zone district and the Specific Development Guide as
submitted in the application materials No major inconsistencies were noted The eight (8) major
components of the PUD, per Section 27-6-30 of the Weld County Code, have been reviewed, as
detailed below
1 Component One - Environmental impacts
Section 27-6-40 A of the Weld County Code states "The intent of Component One is to identify
and isolate any possible impacts the proposed use may have upon the environment on the site,
as well as on neighboring sites "
Multiple agencies were invited to comment on this application, many of which have direct or
indirect interests in a host of environmental considerations, including the Colorado Geological
Survey, Colorado Parks and Wildlife, Brighton Lateral Ditch Company, West Adams
Conservation District, United States Army Corps of Engineers and Colorado Department of
Public Health and Environment None of these agencies identified any concerns
Based on this review, the application appears to satisfactorily address the impacts of the PUD
relative to environmental impacts
2 Component Two - Service provision impacts
Section 27-6-50 A of the Weld County Code states "The intent of Component Two is to ensure
that service provisions to the site have been adequately planned for and are available to serve
the site now and into the future "
A variety a service providers will serve this PUD including the Colorado Division of Water
Resources, Weld County Department of Public Health and Environment, City of Brighton, Xcel
Energy, United Power, Brighton Fire Rescue and RE -27J School District It is anticipated that the
United States Postal Service and other private parcel couriers may serve the PUD Garbage
collection services, communications, including Internet and cable will be selected as the
discretion of property owners, subject to availability
As proposed, there appear to be adequate service providers for this PUD However, specific
terms of service shall be demonstrated as part of any future PUD Final Plan application
3 Component Three - Landscaping elements
Section 27-6-60 A of the Weld County Code states "The Intent of the landscape plan is to ensure
that the landscaping and aesthetics of the site are compatible to that of surrounding land uses
and that the site will provide and maintain an increased sense of place for those inside of the
development The landscape plan shall provide clear and supported information both by written
statements and graphic representations The information will provide an ample quantity and
variety of ornamental plant species which are regarded as suitable for this climate Landscape
treatment will be balanced with both evergreen and deciduous plant material with sufficient use
of upright species for vertical -control Plant material selection will be reviewed for adaptability to
physical conditions of the site plan "
As this PUD is for residential purposes with no proposed outlots besides the conservation outlot
and right-of-way, minimal landscaping approval is expected as part of the PUD Final Plan
process Future property owners will be able to design and install their own landscaping on their
respective lots
4 Component Four - Site design
Section 27-6-70 A of the Weld County Code states "The Intent of Component Four is to ensure
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 5
that the PUD is established with consideration to the site's advantages and limitations, as well as
the compatibility of the development to adjacent sites The design of the site should consider all
existing features, both natural and man-made, to determine those inherent qualities that give the
site and the surrounding area its character "
As submitted in the application materials, the preliminary design of the site was sufficient to
evaluate the proposed PUD layout As the residential lots are clustered in a portion of the
property that is located closer to the roadway, do not have to cross the ditch to provide access,
and utilizes a single internal roadway, appropriate design theory appears to be adequately
applied Furthermore, the size and density of lots is consistent with the large -lot residential
development which is adjacent to the property lots, being a rural -type subdivision within the City
of Brighton corporate limits
5 Component Five - Common open space usage
Section 27-6-80 A of the Weld County Code states "Common open space is an essential
community asset and an important component of a development's design in a PUD Common
open space attempts to preserve ecologically important environments, provides attractive views
and space for recreational activities and buffers the development from other land uses The
intent of Component Five is to ensure that each development provides an appropriate amount
and type of open space within the site "
The PUD will provide approximately one hundred (100) acres of common open space, comprised
of the Cluster PUD outlot This area includes a small waterbody and farmland within the outlot
This outlot will be maintained via a conservation easement that restricts development rights, as
detailed in this document and to be incorporated into the CCRs ,
6 Component Six - Proposed signage
Section 27-6-90 A of the Weld County Code states "To encourage the effective use of signs as a
means of communication in unincorporated Weld County, to maintain and enhance the visual
corridors and the County's ability to attract sources of economic development and growth, to
improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby
public and private property, and to enable the fair and consistent enforcement of sign
restrictions "
The application materials did not address signage for the PUD However, should any signage be
proposed in the future for such purposes including the identification of the PUD, it shall adhere to
the adopted Weld County Sign Code Furthermore, signage may also be requested by law
`- enforcement and emergency responders S
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 'spot located within the 1-25 Overlay District, which details landscaping requirements,
the limited predecessor of Regional Urbanization Area (RUA) Overlay Distracts Therefore, no
adherence of the PUD to the 1-25 Overlay District was required Prior to the dissolving of RUAs,
this PUD was not located within any designated RUA
8 Component Eight - Intergovernmental agreement impacts
Section 27-6-110 A of the Weld County Code states "Efficient and orderly land development
directs PUD developments to locate where urban services exist or -can more easily be provided,
f,
1
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AMANDA, BRANDON, LISA AND MORIAH NGUYEN
'PAGE 6
such as in close proximity to municipalities and within the RUA Currently, the County and many
municipalities are cooperating in joint planning efforts to achieve a consistent vision for land
surrounding municipal boundaries This coordination is achieved through intergovernmental
agreements "
Intergovernmental Agreements and Coordinated Planning Agreements establish procedures and
standards pursuant to which jurisdictional partners will move toward greater coordination in the
exercise of their future land use and related regulatory powers within unincorporated areas
surrounding a given municipality The objectives of such efforts are to guide the types and styles
of development in such areas which best protects the health, safety, prosperity, and general
welfare of the inhabitants of the parties and to achieve,maximum efficiency and economy in the
process of development Intergovernmental Agreements and Coordinated Planning Agreements,
in part, uphold the goal and objectives of the Weld County Comprehensive Plan, notably set forth
in Land use goals and objectives per Section 22-2-30 and Article IV of the Comprehensive Plan
The proposed application is compliant with these land use goals and objectives, in that it helps
commit to the economic future of agriculture by preserving productive farm ground,_in that it is
not considered urban development, so urban services are not required, which is a necessity for
development of this area, as such urban services are not present nearby the property, and in that
the development will be harmonized with surrounding land uses because the surrounding
unincorporated residential lots are largely created via recorded exemptions, being insignificantly
larger than the proposed lots and the surrounding incorporated residential lots are largely created
by estate -style subdivisions, being insignificantly smaller than the proposed lots
Conversely, development requiring rezoning is generally discouraged within one -quarter mile of
any municipality per Section 22-4-10 C of the Weld County Code However, as no municipality
seeks to annex the development, that the development is in harmony with the surrounding land
uses, and that the development preserves agricultural lands and does not contain commercial or
} industrial uses, it does not appear to conflict with the goals of the Comprehensive Plan
The PUD is located within the Coordinated Planning Agreement (CPA) boundary of the City of
Fort Lupton Per the Notice of Inquiry form dated March 7, 2022 and submitted with the
application materials, there is no annexation interest, and the property is located outside the Fort
Lupton future land use area The PUD is located within the three (3) mile referral area of Adams
County, City of Brighton, City of Fort Lupton and Town of Lochbuie Per the Adams County and
Lochbuie referrals, there are no concerns or comments on this development Fort Lupton did not
respond to the referral request
The City of Brighton submitted referral comments, dated September20, 2022, in objection to this
PUD As this municipality is directly adjacent to the site, a thorough analysis of their comments
was conducted Per the Brighton Community of Development Department, this development
proposal is not in alignment with the City's Comprehensive Plan Designation of the Property as
Agricultural Specifically, that housing at the proposed density, is not a desired primary or
secondary use in this Agricultural designation area Per the Brighton Long Range Planning —
Land Use Categories guide, Primary uses in this area include "Crop production and animal
husbandry" and Secondary uses include "Very low density residential housing on a farm or
ranch, agricultural business facilities, and public facilities "
However, after further examination of the Brighton 2016 Comprehensive Plan Future Land Use
Map, this subject property, although designated Agricultural on the Brighton map, is located
directly adjacent to both Estate Residential areas on the south and east In this way, the estate
and agricultural nature of the proposed PUD is not in severe contrast to either the Agricultural or
Estate Residential Brighton land use designations
l
Furthermore, if the application is approved, Brighton expressly states that if well and septic are
not approved by the County, then the applicant would be responsible for all costs and associated
processes to connect to City water and sewer However, this would never be a possible
outcome, as the eligibility of the subject Cluster PUD is predicated on the use of wells and on -site
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PAGE 7
wastewater treatment systems only Brighton also wants to ensure that the Brighton Fire District
has reviewed the proposed cul-de-sac roadway segment and that the appropriate fees will be
paid to the 27J School District related to new development In response to these latter asks,
Brighton Fire Rescue and RE -27J School District were both sent referral requests as part of the _
processing of the PUD Change of Zone application and no response was received from either
agency
3 The submitted materials are in compliance with Cluster PUD Standards per Section 27-10-20 of the Weld
County Code as follows
A If the Cluster PUD is proposed on agricultural -lands, the land shall be currently used or capable of
being used for agricultural production such as farming and ranching operations for the next forty (40)
years from the date of final approval
This PUD is being proposed on agricultural lands, in both terms of current zoning and current land
use This statement is confirmed by the Weld County Assessor's Property Report valuation of this
land As such, the property will continue to be used for productive farming activities, which is certainly
possible, as the property contains both irrigated and dryland farm ground Furthermore, the outlot is
severed from the rest of the PUD that will be developed by the Brighton Lateral Ditch In this way,
agricultural operations will be naturally buffered from the encroachment from residential uses
B The outlot shall be restncted to operations and be free from development for any other uses for a
pehod of forty (40) years from the date of final approval
As agreed to in the application materials, the outlot will be preserved for agricultural operations only
and no development may occur, ifor at least forty (40) years from the date the PUD Final Plan is
approved Structures and activities in support of agricultural operations shall be permitted and are not
considered development for the purposes of this application
C A minimum of two-thirds (2/3) of the total area of the tract must be resented for the preservation of
contiguous land
The property is approximately 122 5 acres in size Two-thirds of this area is approximately 81 6
acres The applicant is voluntarily exceeding this minimum reservation of 81 6 acres as the proposed
outlot is approximately 100 acres
D The outlot may be used for all agricultural uses by nght, as passive view corridors, recreation or the
presentation of environmentally sensitive features such as wildlife habitat or critical areas
The outlot will continue to be used for agricultural production including growing crops and contains
existing ditch infrastructure The outlot also contains an existing\irrigation pond, which will not be
affected by the PUD The outlot will also provide a passive view corridor to the six (6) small lots and
the surrounding lands
E Public access to the outlot is not a requirement The outlot maybe substituted for the common open
space requirement used in the traditional Planned Unit Development application
Public access to the outlot is not proposed and no parks, trails, or other community space or
amenities are proposed within the outlot The outlot shall be owned by a Homeowner's Association
(HOA) and may be farmed under the assignment by the HOA Should the outlot be intended for
limited private access, restricted to the residents of the subject Planned Unit Development, terms of
such access should be outlined in the Covenants, Conditions avid Restrictions (CCR) document
F The intent of the A (Agncultural) Zone Distnct as outlined in Chapter23 and the Comprehensive Plan,
Chapter 22 of this Code, including Weld County's Right to Farm, Appendix 22-E, shall be met
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This PUD will not interfere with the surrounding A (Agricultural) zoned properties in unincorporated
Weld County The intent of the A Zone soundly applies to the proposed use of the outlot This PUD is
in line with the goals of the Weld County Comprehensive Plan and is supported by the Weld County
Right to Farm Statement
G A ClusterPUD may be used in urban and nonurban areas A ClusterPUD 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 -five -acre increment
The residential lots created by this option may not be further subdivided in the future
The property is approximately 122 5 acres in size There are approximately 3 5 thirty-five acre
increments within this parcel Two (2) residences are allowed per each of these increments, gibing a
total allotted residential unit maximum of seven (7) As only six (6) single family residential units are
proposed, this PUD proposal is compliant
i4
Additionally, per Section 27-2-140 - Nonurban scale development proposing individual, private wells
and septic systems shall have a minimum lot size of two and one-half (2%) acres per lot The
proposed acreages of the six (6) small lots will comply with this requirement
Moreover, the six (6) proposed small lots comply with the PUD Water Provision per Section 27-2-210
of the Weld County Code which states an exception may be granted for nine (9) lots or less
residentially clustered PUDs when public water is not available and the residential PUD results in an
intensity of development that preserves and enhances agricultural lands and production
Worthy of discussion is the ability for this application to comply with codified development
classifications Section 27-2-210 of the Weld County Code states that a PUD applying for an
exception to the public water requirement must be considered a Nonurban scale development as
' defined in Chapter 27
This matter is complicated as per Chapter 24 of the Weld County Code, Planned Unit Developments
are subject to Chapter 27, being the PUD Ordinance and to the Subdivision General Provisions,
Conformance Standards and Subdivision Design Standards of Chapter 24, which include definitions
In essence, the Nonurban scale development definition of Chapter 27 IS roughly/akin to the Rural
Scale Development definition in Chapter 24 in that they are both the lowest -level tier of development
However, there is a sharp distinction in that there are no restrictions in Chapter 24 on how close a
Rural Scale Development may be to municipal boundaries, other subdivisions and infrastructure
Whereas, In Chapter 27, Nonurban scale developments are not adjacent to other PUDs,
subdivisions, municipal boundaries or urban growth corridors In application of these contrasting
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PAGE 9
definitions, because this PUD is located near existing subdivisions and municipal boundaries, it does
comply with the Chapter 24 definition, but not the Chapter 27 definition In similarity, both
development types jointly emphasize the importance of retaining large areas for agricultural purposes
and conservation
In the interest of these competing Weld County Code citations, Planning staff relies on the adopted
Weld County Comprehensive Plan principles, goals and objectives of Weld County, to best
understand the desired land development perspective of the County It is important to note that the
guiding principles are the foundation for land use policy in the County In particular, two of the primary
guiding principles of the Weld County Comprehensive Plan supports the ability for the property
owners to pursue this application, even though conflict exist within the Weld County Code In brief
review, the Chapter 24 definition is better supported by the Comprehensive Plan goals rather than
the Chapter 27 definition because the Chapter 24 definition is consistent with the guiding principles
of" Respecting Our Agricultural Heritage" and "Respecting Private Property Rights"
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 nuisance or impediments upon other surrounding property
owners or the public have been identified, adherence to this principle is also demonstrated Both of
these positions are in align with identity of Weld County, which seeks to lessen the degree of burden
on its citizens as much as possible
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PLANNED UNIT
DEVELOPMENT (PUD) ZONE DISTRICT FOR E (ESTATE) AND A (AGRICULTURAL) ZONE DISTRICT
USES IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the Planned Unit Development Change of Zone plat
A The applicant shall address the requirements from the Colorado Division of Water Resources, as
stated in the referral -response dated November 2, 2022 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Department of Planning Services)
B The applicant shall acknowledge the advisory comments from the Weld County Department of
Planning Services — Building and Addressing, as stated in the referral response dated August 23;
2022 Evidence of such shall be ,submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
C The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas Energy
Department, as stated in the referral responses dated August 30, 2022 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services)
D The applicant shall acknowledge the advisory comments of the Xcel Energy, Inc as stated in the
referral response dated September 13, 2022, regarding utility easement design and service
connections Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services (Department of Planning Services)
E The applicant shall acknowledge the advisory comments of United Power, as stated in the referral
response dated September 15, 2022, regarding easements, structure locations and service
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AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 10
requirements Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services (Department of Planning Services)
F The applicant shall acknowledge the advisory comments of the City of Brighton, as stated in the
referral response dated September 20, 2022, regarding the need for outreach to other Brighton
agencies Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
2 The Planned Unit Development Change of Zone plat shall delineate the following
A All sheets of the plat shall be labeled Planned Unit Development Change of Zone No PUDZ22-
0003 (Department of Planning Services)
B The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code
(Department of Planning Services)
C The plat shall show the overall perimeter boundary of the area undergoing the Change of Zone No
proposed internal lot lines or platting elements of the PUD shall be shown (Department of Planning
Services)
D The plat shall delineate the various zone district use areas and accompanying legal description of
such areas (Department of Planning Services)
The area located west of and including the Brighton Lateral Ditch prescriptive easement, being
comprised of the outlot, shall be designated for A (Agricultural) Zone District uses, limited to
select agricultural operations and may contain agricultural -exempt structures in support of such
agricultural operations All possible uses are dependent on` compliance with all other criteria
Specifically, the following uses are permitted within areas designated for A (Agricultural) Zone
District uses (Department of Planning Services)
a) Ditch and irrigation infrastructure, camping, fishing, hunting, farming, ranching, gardening,
including structures for storage of agricultural equipment and agricultural products and
confinement or protection of livestock, and agriculture -related water tanks
2 The area located east of the Brighton Lateral Ditch shall be designated for E (Estate) Zone
District uses Specifically, only Uses by Right, Uses by Site Plan Review, Accessory Uses and
Uses by Permit within the E (Estate) Zone District may be allowed No Uses by Special Reviews
are permitted All possible uses are dependent on compliance with all other criteria At the time of
application, the following uses are permitted within areas designated for E (Estate) Zone District
uses (Department of Planning Services)
a) Uses by Right gardening, fishing and noncommercial water skiing, one (1) noncommercial
tower up to forty (40) feet in height per legal lot, public parks, public schools, one (1) single-
family dwelling, foster care home, or group home facility per legal lot, and utility service
facilities
b) Uses by Site Plan Review churches, golf courses, police, ambulance, and fire stations or
facilities, private schools, and public and private recreational facilities
c) Accessory Uses animal boarding and animal training facilities where the maximum number
of animal units permitted in the bulk requirements is not exceeded and traffic to and from the
facility does not exceed sixty (60) daily trips, farming, parking areas and parking structures,
not including parking of commercial vehicles, structures and buildings accessory to uses by
right, not including cargo containers, swimming pools, tennis courts and similar accessory
uses and structures, and accessory wind generators
d) Uses by Permit auxiliary quarters, which shall require approval of a Certificate of
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 11
Compliance, Class I and Class II home occupations requiring a zoning permit, one (1)
noncommercial tower between forty (40) and seventy (70) feet in height per legal lot
requiring a zoning permit, oil and gas facilities requiring a 1041 WOGLA permit, parking of
one (1) commercial vehicle per legal lot requiring a zoning permit, pipelines - natural gas or
pipelines - petroleum products other than natural gas requiring a LAP permit, and wind
generators requiring a zoning permit
E Show and label all recorded easements, ditches and rights -of -way on the map by book and page
number or reception number, including the utility easement, identified in the United Power referral,
per reception no 4815133 (Department of Planning Services)
F Show and label the existing oil and gas infrastructure on site Setback radiuses for existing oil and -
gas tank battenesiand wellheads shall be indicated on the plat per the setback requirements of 23-3-
70 E -of the Weld County Code (Department of Planning Services)
G This portion of County Road 31 is under the jurisdiction of the Town of Brighton Please contact the
municipality to verify the right-of-way Show and label the right-of-way Show the approved access on
the site plan and label with the approved access permit number if applicable (Department of
Planning Services — Development Review)
H The proposed internal road system, that delineates right-of-way width, road surface width and depth,
and access to public right -of- way, that meets the requirements of Chapter 8 of the Weld County
Code (Department of Planning Services — Development Review)
3 The following notes shall be included on the Planned Unit Development Change of Zone plat
1) The Planned Unit Development Change of Zone, PUDZ22-0003, allows for (6) residential lots with E
(Estate) Zone District uses and one (1) non -buildable outlot with A (Agricultural) Zone District uses,
as indicated in the application materials on file in the Department of Planning Services, subject and
governed by the Plat Notes stated hereon and all applicable Weld County regulations (Department of
Planning Services)
2) The area located west of and including the Brighton Lateral Ditch prescriptive easement, shall be
designated for (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 forA (Agricultural) Zone District
uses Ditch and irrigation infrastructure, camping, fishing, hunting, farming, ranching, gardening,
including structures for storage of agricultural equipment and agricultural products and confinement
or protection of livestock, and agriculture -related water tanks (Department of Planning Services)
3) The area located east of the Brighton Lateral,Ditch shall be designated for E (Estate) Zone District
bulk requirements and uses Specifically, only Uses by Right, Uses by Site Plan Review, Accessory
Uses and Uses by -Permit within the E (Estate) Zone District may be allowed At the time of
application, the following uses are permitted within areas designated for E (Estate) Zone District
uses a) Uses by Right gardening, fishing and noncommercial water skiing, one (1) noncommercial
tower up to forty (40) feet in height per legal lot, public parks, public schools, one (1) single-family
dwelling, foster care home, or group home facility per legal lot, and utility service facilities b) Uses by
Site Plan Review churches, golf courses, police, ambulance, and fire stations or facilities, private
schools, and public and private recreational facilities c) Accessory Uses animal boarding and animal
training facilities where the maximum number of animal units permitted in the bulk requirements is not
exceeded and traffic to and from the facility does not exceed sixty (60) daily trips, farming, parking
areas and parking structures, not including, parking of commercial vehicles, structures and buildings
accessory to uses by right, not including cargo containers, swimming pools, tennis courts and similar
accessory uses and structures, and accessory wind generators d) Uses by Permit auxiliary quarters,
which shall require approval of a Certificate of Compliance, Class I and Class II home occupations
requiring a zoning permit, one (1) noncommercial tower between forty (40) and seventy (70) feet in
height per legal lot requiring a zoning permit, oil and gas facilities requiring a 1041 WOGLA permit,
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 12
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) No occupied building or structure shall be constructed within/two hundred (200) feet of any tank
battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet
of any plugged or abandoned oil and gas well, unless a greater distance is otherwise prescribed in an
executed Surface Use Agreement (Department of Planning Services)
9) Any such provision included with the recorded Declaration of Covenants, Conditions and Restrictions
maybe 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 maybe
limited to specific uses, i e , domestic use only, etc Also, groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and Environment We
strongly encourage lot owners to test their drinking water prior to consumption and periodically test it
over time (Department of Public Health and Environment)
12) The parcels are currently not served by a municipal sanitary sewer system Sewage disposal may be
by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of
the Colorado Department of Public Health and Environment, Water Quality Control Division, and the
Weld County Code in effect at the time of construction, repair, replacement, or modification of the
system (Department of Public Health and Environment)
13) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed (Department of Public Health and Environment)
14) During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created If dust emissions create nuisance conditions, at the request of Weld County
Environmental Health Services, a fugitive dust control plan must be submitted (Department of Public
Health and Environment)
15) If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in
duration, the responsible party shall prepare a fugitive dust control plan, submit an air\ pollution
emissions notice application, and apply for a permit from the Colorado Department of Public Health
and Environment (Department of Public Health and Environment)
i
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 13
16) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
17) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the ex sting County right-of-way (Development Review)
' 18) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking (Development Review)
19) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
20) The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
21) The property owner shall be responsible for complying with the Performance Standards of Chapter
27, Article II and the Supplemental Procedures and Requirements of Chapter 27, Article VIII of the
Weld County Code (Department of Planning Services)
22) The site shall maintain compliance at all times with the requirements of the Weld County Department
of Public Works, Department of Public Health and Environment, Department of Planning Services
and all applicable Weld County regulations (Department of Planning Services)
23) No development activity shall commence on the property, nor shall any building permits be issued on
the property until the PUD Final Plan has been approved and recorded and all conditions satisfied
(Department of Planning Services)
24) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
25) The applicant shall comply with Section 27-8-40 Weld County Code, as follows Failure to submit a
Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three
(3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners
shall require the landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness and ability to
continue with the submission of the PUD Final Plan The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the applicant to demonstrate
that the PUD has not been abandoned If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the landowner cannot
implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke
the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District
(Department of Planning Services)
26) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's
commercial mineral deposits are essential to the State's economy, (b) the populous counties of the
state face a critical shortage of such deposits, and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these resources
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 14
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
27) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban -areas of the County Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
State and County roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal
services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood
4 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the Planned Unit Development Change of Zone plat for preliminary approval to the Weld
County Department of Planning Services Upon County approval of the plat, the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff
(Department of Planning Services)
RESOLUTION PUDZ22-0003
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 15
5 The Planned Unit Development Change of Zone plat shall be submitted to the Department of Planning
Services for recording within one hundred and twenty (120) days of approval by the Board of County
Commissioners (Department of Planning Services)
6 In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development
Change of Zone plat not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional three
(3) month period
7 Prior to submittal of the Planned Unit Development Final Plan application
A The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions (CC&Rs),
for review and comment by the Weld County Attorney's Office (Department of Planning Services)
B The applicant shall submit their plan for Drainage and Utility Easement'design including compliance
with Section 24-3-60 of the 'Weld County Code and any deviations therefrom (Department of
Planning Services)
C The applicant shall submit evidence of a recorded agreement with the Brighton Lateral Ditch
Company regarding the need to provide for adequate access to the portion of PUD lying west of the
Brighton Lateral Ditch (Department of Planning Services)
D The applicant shall submit evidence that the City of Brighton will approve and permit the location of
the development access location (Department of Planning Services)
E The applicant shall submit a map, which shows that the buildable lots do not have prohibitive
subsurface oil and gas infrastructure lines and appurtenances, evidenced by recorded easements
(Department of Planning Services) ,
F The applicant shall submit -evidence of a recorded Surface Use Agreement with any current oil and
gas operator who has mineral rights, infrastructures and/or appurtenances within the PUD boundary,
if applicable (Department of Planning Services)
G The applicant shall submit evidence of in -process service agreements and/or contracts with utility
service providers associated with the PUD (Department of Planning Services)
t
RESOLUTION PUDZ22-0003
:AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 16
Motion seconded by Sam Gluck
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Pamela Edens
Michael Palizzi
Shana Morgan
Against Passage Absent
Butch White
Michael Wailes
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
County, Colorado, adopted on January 3, 2023
Dated the 3rd of January, 2023
45tietv,vA.atem.
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3, 2023
003
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 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Sam Gluck, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Butch White and Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Max Nader, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: PUDZ22-0003
APPLICANT: AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PLANNER: MAX NADER
REQUEST: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) FOR SIX (6) RESIDENTIAL LOTS
WITH E (ESTATE) ZONE DISTRICT USES AND ONE (1) NON -BUILDABLE
OUTLOT WITH A (AGRICULTURAL) ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT D REC EXEMPT RECX20-0040; PART S2N2 SECTION 33, T1 N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31; APPROXIMATELY 0.5 MILES NORTH
OF CR 2.
Max Nader, Planning Services, presented Case PUDZ22-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval.
Commissioner Hatch asked why the City of Brighton does not want this to proceed. Additionally, he asked
if Brighton was initially interested in annexing this property. Mr. Nader deferred the question to the applicant
but added that Brighton essentially does not agree that this will be in agricultural use.
Commissioner Holland asked how many lots there will be. Mr. Nader said there are six (6) proposed small
lots on the east side and the larger 100 -acre lot on the west side.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Brandon Nguyen, 503 CR 31. Brighton, Colorado, stated that this is a cluster PUD to divide six (6) lots with
the intent for generation living. He added that their family would like to build individual homes and keep the
remaining property in agriculture.
Commissioner Hatch asked if Brighton was interested in annexing this property. Mr. Nguyen said that they
considered annexing into Brighton to get water without well, however, Brighton did not want to annex it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mary Lou Stewardson, 13918 CR 4, stated that they own the land north of this site. She is not objecting to
this, however, she stated that she is curious what the plans are for farming it. She added that they have
cattle, hay and have irrigation water on their property north of this site. Ms. Stewardson said it is a good
plan but doesn't understand how it will be accessed in terms of equipment and livestock. The water table
used to be three (3) feet below the surface and is now way out of site and is very dry. She is curious about
what the plan is for water and how they will raise their animals.
Brandon Nguyen said that their goal is not to build on the western half of the parcel and added that it will
remain in agricultural production. He said that they would be happy to meet with the neighbors to talk about
their agricultural plans. Mr. Nguyen said that with regard to water they have one (1) share and will work
with the previous landowner for utilizing the remaining four (4) shares he has.
1
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case PUDZ22-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Skip Holland,
Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland
Meeting adjourned at 3 00 p m
J Respectfully submitted,
46\i6,614 Adult/2in,
Kristine Ranslem
Secretary
2
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