HomeMy WebLinkAbout20230146.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ22-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES AND ONE (1)
NON -BUILDABLE OUTLOT WITH A (AGRICULTURAL) ZONE DISTRICT USES -
AMANDA, BRANDON, LISA AND MORIAH NGUYEN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was scheduled for the 18th day of January, 2023, at 10:00
a.m., for the purpose of hearing the application of Amanda, Brandon, Lisa and Moriah Nguyen,
1855 Virginia Drive, Fort Lupton, Colorado 80621, requesting Change of Zone, PUDZ22-0003,
from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for
six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot with
A (Agricultural) Zone District uses, for a parcel of land located on the following described real
estate, to -wit:
Lot D of Recorded Exemption, RECX20-0040; being
part of the S1/2 N1/2 of Section 33,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on January 18, 2023, the Weld County Offices were closed due to inclement
weather conditions and the hearing was moved to the following Wednesday, January 25, 2023,
per the updated and published Agenda, and
WHEREAS, the applicants were present, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-6-120.D as follows:
A. Section 27-6-120.D.5.a — The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and
Chapter 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivisions)
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Carly Koppas, Clerk and Raoordar, Weld County , CO
VIII �U���1fitt�.+4��'I� �� kti'dht�� Nth Mti' IY�hk 11111
C c: PL (TP/MN), c a (Ktt), A PPL •
02/14/23
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 2
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.
1) Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The proposed PUD
seeks to develop using the Cluster PUD methodology, which by its
design, has been created to limit the density and intensity of
development by limiting the overall maximum number of lots, based
on the overall size of the subject parcel and by matching the
proposed uses to the surrounding existing land uses. Additionally,
the economic future of agriculture is retained by the requirement of
the agricultural outlot, which shall remain free from residential
surface development, as described elsewhere in this
recommendation. 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.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The PUD is in harmony with surrounding
land uses. Three (3) adjacent Recorded Exemption lots of similar
size and usage are located directly north of the proposed six (6)
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 allowed land uses within each of
the adopted Zone Districts. The application does not request to alter
any of the uses, which are allowed in the base Zone Districts, which
have been selected to support the proposed PUD Zone District.
This proposal is consistent with Chapter 23. 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.
4880992 Pages: 2 of 21
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Carly Koppel, Clerk and Recorder, Weld County , CO
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 3
B. Section 27-6-120.D.5.b — The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The 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 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 of these stated Standards.
C. Section 27-6-120.D.5.c - The uses which will 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 the proposed PUD zoning, and requested uses, will be in
compliance with the existing or future development of the surrounding area.
The Weld County Department of Planning Services sent notice to
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 subdivisions in the area and while the majority of those
subdivisions are located in the City of Brighton, their lot specifications are
relatively consistent with the subject PUD, although this PUD is of smaller
scale. Other surrounding land uses include predominately large tracts of
irrigated and dryland production, agriculture, and oil and gas production
facilities. There are sporadic commercial -agriculture and industrial
businesses in the area, permitted by several Use by Special Review
permits, but all are at a significant distance and beyond view from the PUD,
none of which would impact, or would be impacted by, the subject
development.
D. Section 27-6-120.D.5.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 Section 27-2-176 and
Section 27-2-210 of the Weld County Code, in regard to water and sewer
provisions. Water service to the PUD is proposed via individual wells,
located on each of the six (6) proposed residential lots. The Weld County
Attorney's Office has approved this source of water, as a typical PUD
must be served by a public water source. However, as allowed, per Section
27-2-210 of the Weld County Code, which states in part: "...An exception
may be granted for nine (9) lots or less residentially clustered PUDs when
public water is not available and the residential PUD results in an intensity
of development that preserves and enhances agricultural lands and
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Carly Koppes, Clark and Recorder, Weld County , CO
VIIIMPJNItir+`III'IMNliikMMIlilkCil 1 1I III
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 4
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 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.D.5.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 (CR) 31 is paved and appears to
be adequate in functional classification, width, and structural capacity to
meet the potential traffic requirements, the City of Brighton has jurisdiction
over this roadway. While the City of Brighton expressed concerns with
compliance with their Comprehensive Plan Designation, there were no
stated issues with the roadway's functional classification, width, and
structural capacity. Additionally, as detailed in the PUDK application, a
Traffic Conformance memorandum, dated April 19, 2021, was requested
by the City of Brighton, in lieu of a traffic impact study, due to the small
development scope. The City of Brighton has not submitted any comments
or concerns with this memo. Following 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.D.5.f — An Off -site Road Improvements Agreement and
an On -site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code, as amended, and a Road
Improvements Agreement is complete and has been submitted, if
applicable. An Off -site Road Improvements Agreement and an On -site
Improvements Agreement will likely be a required Condition of Approval for
the future PUD Final Plan application.
G. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The PUD is not located within a Special Flood Hazard Area,
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Carly Kopp.., Clerk and Recorder, Wald County , CO
lIII Rrr: ci ii Cia MilltIPI'Ail IAlti Wi>ii "III
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 5
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.
Per the 1975 Weld County Sand and Gravel Map, the property has mineral
resources classified as wind -deposited sands that are unlikely to be mined.
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, stated 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.D.5.h Consistency exists between the proposed zone
district uses, and the specific or conceptual development guide.
Consistency exists between the proposed PUD Zone District and the
Specific Development Guide, as submitted in the application materials. No
major inconsistencies were noted. The eight (8) major components of the
PUD, per Section 27-6-30 of the Weld County Code, have been reviewed,
as detailed below.
1) Section 27-6-40.A Component One - Environmental impacts states:
"The intent of Component One is to identify and isolate any possible
impacts the proposed use may have upon the environment on the
site, as well as on neighboring sites."Multiple agencies were invited
to comment on this application, many of which have direct or
indirect interests in a host of environmental considerations,
including the Colorado Geological Survey, Colorado Parks and
Wildlife, Brighton Lateral Ditch Company, West Adams
Conservation District, United States Army Corps of Engineers and
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) Section 27-6-50.A Component Two - Service provision impacts
states: "The intent of Component Two is to ensure that service
provisions to the site have been adequately planned for and are
available to serve the site now and into the future." A variety of
service providers will serve this PUD, including the Colorado
Division of Water Resources, Weld County Department of Public
Health and Environment, City of Brighton, Xcel Energy, United
Power, Brighton Fire Rescue and 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 at
the discretion of property owners, subject to availability. As
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Carly Koppel, Clerk and Recorder, Weld County , CO
2023-0146
PL2853
VIII MPArmi mwoniabiakI i 11111
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 6
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) Section 27-6-60.A Component Three - Landscaping elements
states: "The intent of the landscape plan is to ensure that the
landscaping and aesthetics of the site are compatible to that of
surrounding land uses and that the site will provide and maintain an
increased sense of place for those inside of the development. The
landscape plan shall provide clear and supported information both
by written statements and graphic representations. The information
will provide an ample quantity and variety of ornamental plant
species, which are regarded as suitable for this climate. Landscape
treatment will be balanced with both evergreen and deciduous plant
material with sufficient use of upright species for vertical control.
Plant material selection will be reviewed for adaptability to physical
conditions of the site plan." As this PUD is for residential purposes
with no proposed outlots besides the conservation outlot and
right-of-way, 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) Section 27-6-70.A Component Four - Site design states: "The intent
of Component Four is to ensure that the PUD is established with
consideration to the site's advantages and limitations, as well as the
compatibility of the development to adjacent sites. The design of
the site should consider all existing features, both natural and man-
made, to 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
utilize 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) Section 27-6-80.A Component Five - Common open space usage
states: "Common open space is an essential community asset and
an important component of a development's design in a PUD.
Common open space attempts to preserve ecologically important
environments, provides attractive views and space for recreational
activities and buffers the development from other land uses. The
intent of Component Five is to ensure that each development
provides an appropriate amount and type of open space within the
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Carly Kopp., Clerk and Recorder, Weld County , CO
11111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 7
site." The PUD will provide approximately 100 acres of common
open space, comprised of the Cluster PUD outlot. This area
includes a small waterbody and farmland within the outlot. This
outlot will be maintained via a conservation easement that restricts
development rights, as detailed in this document and to be
incorporated into the Covenants, Conditions and Restrictions
(CCRs).
6) Section 27-6-90.A Component Six - Proposed signage states: "To
encourage the effective use of signs as a means of communication
in unincorporated Weld County; to maintain and enhance the visual
corridors and the County's ability to attract sources of economic
development and growth; to improve pedestrian and traffic safety;
to minimize the possible adverse effect of signs on nearby public
and private property; and to enable the fair and consistent
enforcement of sign restrictions." The application materials did not
address signage for the PUD. However, should any signage be
proposed in the future for such purposes, including the identification
of the PUD, it shall adhere to the adopted Weld County Sign Code.
Furthermore, signage may also be requested by law enforcement
and emergency responders.
7) Section 27-6-100.A Component Seven - RUA impacts states: "The
RUA has been developed to provide high quality development in an
urban corridor area within the County and, therefore, development
in the RUA is driven by the intensity of the use and the impacts of
the use on adjoining neighbors and the community."The PUD is not
located within the 1-25 Overlay District, which details landscaping
requirements, the limited predecessor of Regional Urbanization
Area (RUA) Overlay Districts. Therefore, no adherence of the PUD
to the 1-25 Overlay District was required. Prior to the dissolving of
RUAs, this PUD was not located within any designated RUA.
8) Section 27-6-110.A Component Eight - Intergovernmental
agreement impacts states: "Efficient and orderly land development
directs PUD developments to locate where urban services exist or
can more easily be provided, such as in close proximity to
municipalities and within the RUA. Currently, the County and many
municipalities are cooperating in joint planning efforts to achieve a
consistent vision for land surrounding municipal boundaries. This
coordination is achieved through intergovernmental agreements."
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
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Carly Koppel, Clerk and Recorder, Weld County , CO
El MAIM w Pillow" III
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 8
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 goals 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 (1/4) 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. The City
of Fort Lupton did not respond to the referral request. The City of
Brighton submitted referral comments, dated September 20, 2022,
in objection to this PUD. As this municipality is directly adjacent to
the site, a thorough analysis of their comments was conducted. Per
the Brighton Community 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
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Carly Kopp., Clerk and Recorder, Weld County , CO
VIII 1citr'if MIN%IIIP lie bit 11111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 9
husbandry" and Secondary uses include: "Very low density
residential housing on a farm or ranch, agricultural business
facilities, and public facilities." However, after further examination of
the Brighton 2016 Comprehensive Plan Future Land Use Map, this
subject property, although designated Agricultural on the Brighton
map, is located directly adjacent to both Estate Residential areas
on the south and east. In this way, the estate and agricultural nature
of the proposed PUD is not in severe contrast to either the
Agricultural or Estate Residential Brighton land use designations.
Furthermore, if the application is approved, the City of Brighton
expressly states that if well and septic are not approved by the
County, then the applicant would be responsible for all costs and
associated processes to connect to City water and sewer. However,
this would never be a possible outcome, as the eligibility of the
subject Cluster PUD is predicated on the use of wells and On -site
Wastewater Treatment Systems only. The City 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 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 restricted to operations and be free from development
for any other uses for a period of 40 years from the date of final approval.
As agreed to in the application materials, the outlot will be preserved for
agricultural operations only and no development may occur, for at least 40
years from the date the PUD Final Plan is approved. Structures and
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Carly Kopp., Clerk and Recorder, Weld County , CO
ill PAM i a , EtM
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 10
activities in support of agricultural operations shall be permitted and are not
considered development for the purposes of this application.
C. A minimum of two-thirds (2/3) of the total area of the tract must be reserved
for the preservation of contiguous land. The property is approximately
122.5 acres in size. Two-thirds (2/3) of this area is approximately 81.6
acres. The applicant is voluntarily exceeding this minimum reservation of
81.6 acres, as the proposed outlot is approximately 100 acres.
D. The outlot may be used for all agricultural Uses by Right, as passive view
corridors, recreation or the preservation of environmentally sensitive
features such as wildlife habitat or critical areas. The outlot will continue to
be used for agricultural production, including growing crops, and contains
existing ditch infrastructure. The outlot also contains an existing irrigation
pond, which will not be affected by the PUD. The outlot will also provide a
passive view corridor to the six (6) small lots and the surrounding lands.
E. Public access to the outlot is not a requirement. The outlot may be
substituted for the common open space requirement used in the traditional
Planned Unit Development application. Public access to the outlot is not
proposed and no parks, trails, or other community space or amenities are
proposed within the outlot. The outlot shall be owned by a Homeowner's
Association (HOA) and may be farmed under the assignment by the HOA.
Should the outlot be intended for limited private access, restricted to the
residents of the subject Planned Unit Development, terms of such access
should be outlined in the CCR document.
F. The intent of the A (Agricultural) Zone District, as outlined in Chapter 23
and the Comprehensive Plan, and Chapter 22 of this Code, including Weld
County's Right to Farm, Appendix 22-E, shall be met. The PUD will not
interfere with the surrounding A (Agricultural) Zoned properties in
unincorporated Weld County. The intent of the A (Agricultural) Zone District
soundly applies to the proposed use of the outlot. The 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 and 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
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Carly Kopp., Clerk and Recorder, Weld County , CO
rilfIIZVIN'C+Ii CW MAN 'Minh 11 111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 11
remaining areas to be utilized for agricultural purposes, open space and
environmental conservation." This classification is distinguished from Non -
Urban Scale, which requires a public water source. Given that a core
feature of Cluster PUDs is the ability to obtain an exception to public water,
it is consistent and foreseen that a Cluster PUD may be considered a Rural
Scale Development, being a term that was adopted after the promulgation
of the current Weld County Planned Unit Development Ordinance.
H. The number of single-family residential units must not exceed two (2), per
35 -acre increment. The residential lots created by this option may not be
further subdivided in the future. The property is approximately 122.5 acres
in size. There are approximately 3.5 35 -acre increments within this parcel.
Two (2) residences are allowed, per each of these increments, giving a
total allotted residential unit maximum of seven (7). As only six (6) single
family residential units are proposed, this PUD proposal is compliant.
Additionally, per Section 27-2-140 - Nonurban scale development
proposing individual, private wells and septic systems shall have a
minimum lot size of two and one-half (2.5) acres per lot. The proposed
acreages of the six (6) small lots will comply with this requirement.
Moreover, the six (6) proposed small lots comply with the PUD Water
Provision, per Section 27-2-210 of the Weld County Code, which states an
exception may be granted for nine (9) lots or less residentially clustered
PUDs, when public water is not available and the residential PUD results
in an intensity of development that preserves and enhances agricultural
lands and production.
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 a PUD applying for an exception to the public water requirement
must be considered a Nonurban scale development, as defined in Chapter
27. This matter is complicated as, per Chapter 24 of the Weld County Code,
Planned Unit Developments are subject to Chapter 27, being the PUD
Ordinance and to the Subdivision General Provisions, Conformance
Standards and Subdivision Design Standards of Chapter 24, which include
definitions. In essence, the Nonurban scale development definition of
Chapter 27 is roughly akin to the Rural Scale Development definition in
Chapter 24 in that they are both the lowest -level tier of development.
However, there is a sharp distinction in that there are no restrictions in
Chapter 24 on how close a Rural Scale Development may be to municipal
boundaries, other subdivisions and infrastructure. Whereas, in Chapter 27,
Nonurban scale developments are not adjacent to other PUDs,
subdivisions, municipal boundaries or urban growth corridors. In
application of these contrasting definitions, because this PUD is located
near existing subdivisions and municipal boundaries, it does comply with
the Chapter 24 definition, but not the Chapter 27 definition. In similarity,
both development types jointly emphasize the importance of retaining large
areas for agricultural purposes and conservation.
4880992 Pages: 11 of 21
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Carly Kappa., Clark and Recorder, Wald County , Co
"Ill
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 12
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 (2) of the primary guiding principles of the Weld County
Comprehensive Plan support the ability for the property owners to pursue
this application, even though conflict exists within the Weld County Code.
In brief review, the Chapter 24 definition is better supported by the
Comprehensive Plan goals, rather than the Chapter 27 definition, because
the Chapter 24 definition is consistent with the guiding principles of
"Respecting Our Agricultural Heritage" and "Respecting Private Property
Rights". The first principle is supportive of this position, as it highlights the
most primary tradition and character of the County, being the importance
of agriculture in the County. As this PUD application seeks to expressly
preserve over 100 acres of land, being more than the minimum amount
required, and that the land is capable and will continue to be used for
farming, and that this land may not be developed for other land uses for at
least 40 years, there is clearly demonstrated adherence to this principle.
The second principle is supportive of this position, as it provides a private
property owner an option to split their land, within the bounds of a currently
adopted land division method, so long as this development does not
interfere with, or infringe upon, the rights of others. As no identified
nuisances or impediments upon other surrounding property owners or the
public have been identified, adherence to this principle is also
demonstrated. Both of these positions are in line with the identity of Weld
County, which seeks to lessen the degree of burden on its citizens as much
as possible.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Amanda, Brandon, Lisa and Moriah Nguyen for Change
of Zone, PUDZ22-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for six (6) residential lots with E (Estate) Zone District uses and
one (1) non -buildable outlot with A (Agricultural) Zone District uses, on the above referenced
parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Planned Unit Development 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.
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
4880992 Pages: 12 of 21
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Carly Keep., Clerk and Recorder, Weld County , CO
•III F414,11110501 *AMMO Y4 III II
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 13
shall be submitted, in writing, to the Weld County 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 response,
dated August 30, 2022. Evidence of such shall be submitted, in writing, to
the Weld County 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.
E. The applicant shall acknowledge the advisory comments of United Power,
as stated in the referral response, dated September 15, 2022, regarding
easements, structure locations and service requirements. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
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.
G. The Planned Unit Development Change of Zone plat shall delineate the
following:
1) All sheets of the plat shall be labeled: Planned Unit Development
Change of Zone No. PUDZ22-0003.
2) The plat shall be prepared in accordance with Section 27-9-20 of
the Weld County Code.
3) 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.
4) The plat shall delineate the various zone district use areas and
accompanying legal description of such areas.
a. 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
4880992 Pages: 13 of 21
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Carly Koppas, Clerk and Recorder, Weld County , CO
ulaidr Wth 11111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 14
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.
i) 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.
b. 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 Review 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.
i) Uses by Right: gardening; fishing and
noncommercial water skiing; one (1) noncommercial
tower up to 40 feet in height, per legal lot; public
parks; public schools; one (1) single-family dwelling,
foster care home; or group home facility, per legal
lot; and utility service facilities.
ii) Uses by Site Plan Review: churches; golf courses;
police, ambulance, and fire stations or facilities;
private schools; and public and private recreational
facilities.
iii) Accessory Uses: animal boarding and animal
training facilities where the maximum number of
animal units permitted in the bulk requirements is not
exceeded and traffic to and from the facility does not
exceed 60 daily trips; farming; parking areas and
parking structures, not including parking of
commercial vehicles; structures and buildings
accessory to Uses by Right, not including cargo
containers; swimming pools, tennis courts and
similar accessory uses and structures; and
accessory wind generators.
iv) Uses by Permit: auxiliary quarters, which shall
require approval of a Certificate of Compliance;
4880002 Pages: 14 of 21
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Carly Koppas, Clark and Recorder, Wald County , CO
4ITA{CIlk till
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 15
Class I and Class II home occupations requiring a
Zoning Permit; one (1) noncommercial tower
between 40 and 70 feet in height, per legal lot
requiring a Zoning Permit; oil and gas facilities
requiring a 1041 WOGLA permit; parking of one (1)
commercial vehicle, per legal lot requiring a Zoning
Permit; pipelines - natural gas or pipelines -
petroleum products other than natural gas requiring
a LAP Permit; and wind generators requiring a
Zoning Permit.
5) The applicant shall show and label all recorded easements, ditches
and rights -of -way on the map by book and page number or
Reception number, including the utility easement, identified in the
United Power referral, per Reception No. 4815133.
6) The applicant shall show and label the existing oil and gas
infrastructure on site. Setback radiuses for existing oil and gas tank
batteries and wellheads shall be indicated on the plat, per the
setback requirements of Section 23-3-70.E of the Weld County
Code.
7) 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.
8) 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.
H. The following notes shall be included on the Planned Unit Development
Change of Zone plat:
1) 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 to, and governed by, the Plat Notes
stated hereon and all applicable Weld County regulations.
2) The area located west of and including the Brighton Lateral Ditch
prescriptive easement, shall be designated for A (Agricultural) Zone
District bulk requirements and uses, limited to select agricultural
operations and may contain agricultural -exempt structures in
4880992 Pages: 15 of 21
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Carly Koppel, Clerk and R.00rd•r, Weld County , CO
NPICI���+M4�� l '�Y 1�� �uIG+�Y�h 11111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 16
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.
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 40 feet in height,
per legal lot; public parks; public schools; one (1) single-
family dwelling, foster care home; or group home facility, per
legal lot; and utility service facilities.
b. Uses by Site Plan Review: churches; golf courses; police,
ambulance, and fire stations or facilities; private schools;
and public and private recreational facilities.
c. Accessory Uses: animal boarding and animal training
facilities where the maximum number of animal units
permitted in the bulk requirements is not exceeded and
traffic to and from the facility does not exceed 60 daily trips;
farming; parking areas and parking structures, not including
parking of commercial vehicles; structures and buildings
accessory to uses by right, not including cargo containers;
swimming pools, tennis courts and similar accessory uses
and structures; and accessory wind generators.
d. Uses by Permit: auxiliary quarters, which shall require
approval of a Certificate of Compliance; Class I and Class II
home occupations requiring a Zoning Permit; one (1)
noncommercial tower between 40 and 70 feet in height, per
legal lot requiring a Zoning Permit; oil and gas facilities
requiring a 1041 WOGLA permit; parking of one (1)
commercial vehicle, per legal lot requiring a Zoning Permit;
pipelines - natural gas or pipelines - petroleum products
other than natural gas requiring a LAP permit; and wind
generators requiring a Zoning Permit.
4880992 Pages: 16 of 21
02/09/2023 01:00 PM R Fee:$0.00
Carly Kopp.., Clerk and Recorder, Weld County , CO
K11'11%VI INLVIUMNI'NIII UMW, 111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 17
4) No Use by Special Review permits shall be permitted within this
Planned Unit Development.
5) Approval of this plan may create a Vested Property Right, pursuant
to C.R.S. Article 68 of Title 24, as amended, and Chapter 23,
Article VIII of the Weld County Code.
6) Any future subdivision of land shall be in accordance with
Chapter 27 of the Weld County Code, as amended.
7) All occupied buildings shall be located on a platted and buildable
lot. No occupied structures shall be permitted in the outlots;
agriculturally -exempt structures are excluded from this restriction.
8) No occupied building or structure shall be constructed within
200 feet of any tank battery, within 150 feet of any oil and gas
wellhead or within 25 feet of any plugged or abandoned oil and gas
well, unless a greater distance is otherwise prescribed in an
executed Surface Use Agreement.
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.
10) Water service may be obtained from an appropriately permitted
well.
11) Lot owners should be made aware that while they may be able to
obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may
be limited to specific uses, i.e., domestic use only, etc. Also,
groundwater may not meet all drinking water standards, as defined
by the Colorado Department of Public Health and Environment. Lot
owners are strongly encouraged to test their drinking water prior to
consumption and periodically test it over time.
12) The parcels are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an OWTS designed in
accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
13) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
4880992 Pagss: 17 of 21
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Carly Kopp., Clark and Recorder, Wald County , CO
VIII lirdifIC Y P'igla 1pVi KChtiiIVI GNIL'II‘ Milk Ill II
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 18
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
14) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
15) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
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.
16) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
17) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
18) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
19) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
20) The historical flow patterns and runoff amounts on the site will be
maintained.
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.
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.
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.
4880992 Pages. 18 of 21
02/09/2023 01:06 PM R Fss:$0.00
Carly Kopp., Clark and Raoordar, Wald County , CO
1111 NUPAIIIR i'i'w� uI II
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 19
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 stated herein and
all applicable Weld County regulations.
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.
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. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
27) The Weld County Right to Farm Statement, as it appears in Section
22-2-30.A.4.a of the Weld County Code, shall be placed on the map
and recognized at all times.
4880992 Pages: 19 of 21
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Carly Koppea, Clerk and Recorder, Weld County , CO
IIIII IgrILVI IVOiliillhgl 1k ii PIVOIL .INIR III
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 20
2. Upon completion of Conditions of Approval #1 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 the Department
of Planning Services.
3. The Planned Unit Development Change of Zone plat shall be submitted to the
Department of Planning Services for recording within 120 days of approval by the
Board of County Commissioners.
4. 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.
5. 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.
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.
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.
D. The applicant shall submit evidence that the City of Brighton will approve
and permit the location of the development access location.
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.
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.
G. The applicant shall submit evidence of in -process service agreements
and/or contracts with utility service providers associated with the PUD.
4880992 Pages: 20 of 21
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Carly Koppea, Clerk and Recorder, Weld County , CO
VIII INFAR MIMPII:lin Uil iihri dl1I 111
2023-0146
PL2853
CHANGE OF ZONE, PUDZ22-0003, FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) -AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PAGE 21
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dad.%) jeitoU
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: 02/05/23
4880992 Pages: 21 of 21
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Carly Kappa., Clark and Raoorder, Wald County , CO
11111
man, Chair
er L. Bbk, P
Sc tt K. James. _
evin D. Ross
Lori Saine
2023-0146
PL2853
Hello