HomeMy WebLinkAbout20230171.tiffRESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF22-0004, FOR FOUR (4) RESIDENTIAL LOTS
FORE (ESTATE) ZONED USES AND ONE (1) LOT FORA (AGRICULTURAL) ZONED
USES - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC,
C/O ROGER OLSON
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., in the Chambers of the Board for the purpose of hearing the application of Olson Bros,
LP, and Spring Meadows Development, LLC, do Roger Olson, P.O. Box 86, Johnstown, Colorado
80534, requesting a Site Specific Development Plan and Planned Unit Development Final Plan,
PUDF22-0004, for four (4) residential lots for E (Estate) Zoned Uses and one (1) lot for
A (Agricultural) Zoned Uses, for a parcel of land located on the following described real estate,
to -wit:
Lot B of Recorded Exemption, RE -2746; being part
of the NE1/4 of Section 30, Township 4 North,
Range 67 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 rescheduled to Wednesday, February 22, 2023, per the
updated and published Agenda, and
WHEREAS, on February 22, 2023, the Weld County Offices were again closed due to
inclement weather conditions and the hearing was rescheduled to Wednesday, March 8, 2023,
per the updated and published Agenda, and
WHEREAS, on March 8, 2023, the applicant was represented at said hearing by
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Suite #200, Greeley, Colorado 80634,
and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Department of Planning Services, and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-7-40.D as follows:
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03/31/23
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DEVELOPMENT, LLC, CIO ROGER OLSON
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A. Section 27-7-40.D.1 — The proposal is consistent with Chapters 19, 22, 23,
24 and 26 of the Weld County Code and any Intergovernmental Agreement
in effect influencing the PUD. The Weld County Comprehensive Plan
adopted in 2020, codified in Chapter 22 of the Weld County Code, identifies
Guiding Principles, 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 PUD is proposing
to place residential lots in locations that do not interfere with the
existing agricultural operations on proposed Lot 5. There is an
existing irrigation pivot on Lot 5 and the applicant intends for it to
remain. The residential lots (Lots 1-4) are located outside of the
pivot arc. Two (2) separate access points are proposed (one [1]
access for Lot 4 from County Road 42, and one [1] access for
Lots 1-3 from County Road 15) are proposed in locations as to not
interfere with, and assist in, maintaining the existing agricultural
operation on Lot 5. Additionally, a Building Envelope is proposed
for Lot 5 to ensure buildings and structures are located outside of
the irrigated cropland area. This is consistent with the intent of the
PUD Change of Zone (Z-570) that was approved for this property
in 2002.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The PUD is in harmony with surrounding
land uses. Lot 5 is a larger agricultural lot, which is consistent with
agricultural lots and operations located to the north, northwest,
southwest and southeast of the property. There is an existing pivot
on Lot 5. Existing larger residential subdivisions are located
0.5 miles to the east and one (1) mile to the west. A Condition of
Approval is attached requiring a Building Envelope to be shown on
Lot 5 outside of the pivot area. This is consistent with what was
submitted and approved with Change of Zone, Z-570. Chapter 23
details the allowed land uses within each of the adopted Zone
Districts. The application does not request to alter any of the uses,
which are allowed in the base Zone Districts, which have been
selected to support the proposed PUD Zone District. This proposal
is consistent with Chapter 23. The uses on Lots 1-4 will be limited
to Uses by Right, Uses subject to Site Plan Review, Accessory
Uses and Uses by Permit in the E (Estate) Zone District. The uses
on Lot 5 will be limited to Uses by Right, Accessory Uses and Uses
Allowed by Permit in subdivisions and historic townsites in the
A (Agricultural) Zone District. No Use by Special Review permits
(as they are site specific development plans) are permitted within
this PUD. Chapter 24 contains numerous Subdivision Design
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Standards, which are applicable to Planned Unit Developments, per
Section 24-4-10 of the Weld County Code. This proposal is
consistent with Chapter 24.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District,
contained in Article II of this Chapter. The proposed PUD conforms with the
Performance Standards as outlined Section 27-2-20 through
Section 27-2-220 of the Weld County Code, with the following exceptions:
1) Section 27-2-40 Bulk requirements — The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
Lots 1-4 and adhere to the bulk requirements of the A (Agricultural)
Zone District for Lot 5. There is an existing outbuilding on Lot 5,
constructed in 1962, that does not meet setbacks from the
right-of-way for County Road 42 and appears to encroach into the
right-of-way for County Road 42.
2) Section 27-2-60 Common open space — No common open space is
proposed. Common open space is required for urban scale
developments. Section 27-2-190 defines Urban Scale
Developments as developments exceeding nine (9) lots and/or
located in close proximity to existing PUDs, subdivisions, municipal
boundaries or urban growth corridors and boundaries. A total of
five (5) lots are proposed and Lot 5 is an existing irrigated
agricultural parcel.
3) Section 27-2-200 Uses — The applicant is requesting that uses for
Lots 1-4 will adhere to the E (Estate) Zone District and uses in Lot 5
will adhere to the A (Agricultural) Zone District. The uses on
Lots 1-4 will be limited to Uses by Right, Uses subject to Site Plan
Review, Accessory Uses, and Uses by Permit in the
E (Estate) Zone District. The uses on Lot 5 will be limited to Uses
by Right, Accessory Uses and Uses Allowed by Permit in
subdivisions and historic townsites in the A (Agricultural) Zone
District. No Use by Special Review permits (as they are site specific
development plans) are permitted within this PUD.
C. Section 27-7-40.D.3 — The uses which will be permitted will be compatible
with the existing or future development of the surrounding area, as
permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposal is located to create a five (5) lot
Planned Unit Development (PUD). The sizes of Lots 1-4 range from 4.80
to 6.78 acres in size. Lot 5 is 56.78 acres and contains a sprinkler pivot for
the existing irrigated farmland on most of the parcel. The property is located
approximately 0.5 miles from the nearest municipality (Johnstown). The
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property is also located within the Cooperative Planning Agreement
boundaries of the Towns of Berthoud, Johnstown, Mead, and Milliken. The
Town of Milliken indicated they were not interested in pursuing annexation,
in their Notice of Inquiry dated July 29, 2022. No Notice of Inquiry or referral
responses were received from the Towns of Berthoud, Johnstown or Mead.
Per their e-mail dated September 27, 2022, the Town of Johnstown
provided a referral response and proposed modifications to the PUD plat
and Utility Plans, which have been attached as Conditions of Approval. The
Town of Johnstown is proposing to provide water to Lots 1-3 of the
proposed PUD. When the extension was granted by the Board of County
Commissioners to finalize the PUD in 2021, the Town of Johnstown stated
they did not have the intention of pursuing annexation and septic systems
would be the most practical for handling wastewater. The Town of
Johnstown indicated, should future development occur on a larger scale,
the town would encourage and desire annexation at that time.
D. Section 27-7-40.D.4 — Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD
in compliance with the Performance Standards in Article II of this Chapter.
The application has satisfied Section 27-2-176 and Section 27-2-210 of the
Weld County Code regarding water and sewer provisions. The application
materials indicate the PUD will be served by the Little Thompson Water
District and the Town of Johnstown. Lots 1-3 are proposed to be served by
the Town of Johnstown. The Little Thompson Water District will provide
water to proposed Lot 4 and there is existing Little Thompson Water service
on Lot 5 (tap #5841). A draft Little Thompson Water District Residential
Water Agreement was provided with the application. The Little Thompson
Water District, in their referral dated October 24, 2022, stated all
requirements in the commitment letter must be completed before water
service can be obtained. A draft Town of Johnstown Water Service
Agreement was provided with the application. This agreement will need to
be signed and recorded before water service can be provided. All lots within
the Olson Brothers PUD will be served by On -site Wastewater Treatment
Systems (OWTS).
E. Section 27-7-40.D.5 states — Street or highway facilities providing access
to the property are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The proposed PUD will access onto County Road 15 and
County Road 42. County Road 15 and County Road 42 are gravel roads
designated on the Weld County Functional Classification Map as local
roads (60 feet of right-of-way).
F. Section 27-7-40.D.6 — In the event the street or highway facilities are not
adequate, the applicant shall supply information that demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22, 24
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and 26, if applicable. This shall be shown by submitting with the PUD
district application a separate proposal for on -site and off -site road
improvements. This proposal shall describe, in detail, the type of on -site
improvements in compliance with Section 24-9-10 and off -site road
improvements in compliance with Section 24-9-20, to determine if the
requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements. An Improvements
and Road Maintenance Agreement has been required and is included as a
Condition of Approval of the PUDF.
G. Section 27-7-40.D.7 — There has been compliance with the applicable
requirements contained in Chapter 23 regarding overlay districts,
commercial mineral deposits and soil conditions on the subject site. The
Planned Unit Development Final Plan is not located within a Special Flood
Hazard Area, Airport Overlay, Geological Hazard Area, or MS4 Area, or
Agricultural Heritage Overlay District.
H. Section 27-7-40.D.8 — If compatibility exists between the proposed uses
and criteria listed in the development guide, and the final plan exactly
conforms to the development guide. The submitted Specific Development
Guide does reflect the Performance Standards and allowed uses described
in the E (Estate) Zone District and the A (Agricultural) Zone District.
Lots 1-4 shall comply with all E (Estate) requirements, as described
previously, and Lot 5 shall adhere to the Performance Standards allowed
of the A (Agricultural) Zone District, as stated in the Weld County Code. No
Uses by Special Review are permitted within this PUD. This
recommendation is based, in part, upon a review of the application
materials submitted by the applicant, other relevant information regarding
the request, and responses from referral entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Olson Bros, LP, and Spring Meadows Development,
LLC, do Roger Olson, for a Site Specific Development Plan and Planned Unit Development Final
Plan, PUDF22-0004, for four (4) residential lots for E (Estate) Zoned Uses and one (1) lot for
A (Agricultural) Zoned Uses, on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
1. Prior to recording Planned Unit Development Plat:
A. The applicant shall address the requirements of the Little Thompson Water
District, as stated in their referral, dated October 24, 2022. Written evidence
of such shall be provided to the Department of Planning Services.
B. The applicant shall address the requirements of Front Range Fire Rescue,
as stated in their referral, dated September 30, 2022. Evidence of such
shall be provided to the Department of Planning Services.
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C. The applicant shall attempt to address the comments of the Town of
Johnstown regarding the Draft PUD Plat, as stated in their referral, dated
September 27, 2022. Evidence of such shall be provided to the Department
of Planning Services.
D. The Town of Johnstown Water Service Agreement shall be signed and
recorded either prior to recording the PUDF22-0004 plat or the signed
Agreement shall be submitted for recording along with the PUDF22-0004
plat.
E. The applicant shall acknowledge, in writing, the comments of the Weld
County Oil and Gas Energy Department (OGED), as stated in their referral,
dated September 29, 2022.
F. The applicant shall acknowledge, in writing, the comments of the Weld
County Building Department -Addressing, as stated in their referral
comments, dated December 27, 2022.
G. The applicant shall submit the name of the street of the proposed
development along with the street addresses for review to the Weld County
Sheriff's Office, United States Postal Services and Front Range Fire
Rescue. Evidence of each agency's approval shall be submitted, in writing,
to the Department of Planning Services. This road name will be used in
addressing of the PUD lots. There shall be no duplication of road names
within the area.
H. The finalized Declaration of Covenants, Conditions, and Restrictions
(CCRs) shall be submitted to the Weld County Department of Planning
Services for recordation with the appropriate recording fee. The CCRs shall
incorporate any changes required by the Weld County Attorney's Office
and the Department of Planning Services.
A Private Roadway Maintenance Agreement, delineating the ongoing
maintenance of Willow Court, shall be submitted to, and reviewed by, the
Department of Planning Services and County Attorney's Office. Upon
approval, the agreement shall be finalized, signed and submitted to the
Department of Planning Services for recording.
J. An Improvements Agreement for on -site improvements for
Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) is required. This
will include collateral to ensure the improvements, including the internal
gravel roadway, are completed and maintained.
K. The Planned Unit Development Plat shall delineate the following:
1) The plat shall be labeled PUDF22-0004.
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2) The applicant shall adhere to the plat requirements in preparation
of the plat, per Section 27-9-20 of the Weld County Code.
3) All utility easements shall conform to Section 24-3-60 of the Weld
County Code and adhere to the requirements of the Weld County
Code. Utility easements on the plat shall adhere to the
recommendations of the Weld County Utilities Coordinating
Advisory Committee, held on November 10, 2022.
4) 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.
5) The Planned Unit Development Final Plat shall utilize PUD Plat
Certificates, Numbers 1, 3 and 4, as located in Appendix 26-P of
the Weld County Code.
6) County Road 15 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) County Road 42 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) The applicant shall show and label the approved access location,
and the appropriate turning radii on the final plat.
9) The applicant shall show the vehicular and non -vehicular traffic
circulation, including road classification, right-of-way width, road
surface width and depth, and access to public right-of-way.
10) The applicant shall show and label the drainage flow arrows.
11) A Building Envelope shall be delineated on Lot 5 in a
location/manner to maximize the preservation of existing irrigated
cropland.
12) The boundaries for Phase I and Phase II shall be delineated on the
plat.
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L. The following notes shall be delineated on the Planned Unit Development
Final Plat:
1) Planned Unit Development Final Plan, PUDF22-0004, is to allow
four (4) residential lots with E (Estate) Zone District Uses and one
(1) buildable lot for A (Agricultural) Zone District uses.
2) The Planned Unit Development shall consist of one (1) buildable lot
(Lot 5) with Agricultural Zone bulk requirements and uses.
Specifically, only Uses by Right, Accessory Uses and Uses Allowed
by Permit within the A (Agricultural) Zone District in subdivisions
and historic townsites may be allowed. At the time of application,
the following uses are permitted within areas designated for
A (Agricultural) Zone District uses:
i) Uses by Right: Animal boarding and animal training facilities
where the maximum number of animal units permitted in
Section 23-3-70.D is not exceeded and traffic to and from
the facility does not exceed 60 daily trips; camping, fishing,
hunting, and noncommercial water skiing; county grader
sheds; farming and gardening, including structures for
storage of agricultural equipment and agricultural products
and confinement or protection of livestock. Converted,
partially dismantled, modified, altered or refurbished
manufactured homes shall not be utilized as agriculturally
exempt buildings or for the storage of agricultural equipment
or agricultural products or confinement or protection of
livestock; noncommercial towers no taller than 70 feet;
police, ambulance, and fire stations or facilities; public
parks; public schools; one (1) single-family dwelling, foster
care home, or group home, per legal lot; telecommunication
antenna towers no taller than 35 feet; utility service facilities;
water tanks, agriculture -related.
ii) Accessory Uses: Per Section 23-3-50, one (1) caregiver of
medical marijuana that is grown and sold, pursuant to the
provision of Article 43.3, Title 12, C.R.S., and for a purpose
authorized by Section 14 of Article XVIII of the Colorado
Constitution, per Legal Lot, as per Article VII, Chapter 12, of
the Weld County Code. One (1) Cargo Container, per Legal
Lot, in accordance with Section 23-4-1100; noncommercial
junkyard, as long as it is enclosed within a building or
structure or screened from all adjacent properties and public
rights -of -way in conformance with a screening plan
approved by the Department of Planning Services; Offices;
outdoor storage of materials accessory to an allowed use,
as long as the materials are screened from adjacent lots and
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rights -of -way; Parking areas and parking structures, not
including parking of commercial vehicles; structures and
buildings accessory to uses, permitted under
Section 23-3-45 or Section 23-3-55 of Chapter 23 of the
Weld County Code; swimming pools, tennis courts and
similar accessory uses, and structures; wind generators
allowed as accessory uses in Section 23-4-450 of the Weld
County Code.
iii) Uses allowed by permit: Agricultural Support and Service,
Agritainment, agriculture -related event facilities,
agritourism, and hunting lodges, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
auxiliary quarters, which shall require approval of a
certificate of compliance by the Department of Planning
Services to ensure the use complies with the definition in
Section 23-1-90 of the Weld County Code; bed and
breakfast facilities, permitted under Chapter 23, Article IV,
Division 17 of the Weld County Code; brew pubs, breweries,
distilleries, and wineries, permitted under Chapter 23,
Article IV, Division 17 of the Weld County Code; parking of
one (1) commercial vehicle, per legal lot, permitted under
Chapter 23, Article IV, Division 12 of the Weld County Code;
community buildings, permitted under Chapter 23,
Article IV, Division 17 of the Weld County Code; contractor's
shops, permitted under Chapter 23, Article IV, Division 17 of
the Weld County Code; golf courses, permitted under
Chapter 23, Article IV, Division 17; home occupations,
permitted under Chapter 23, Article IV, Division 13 of the
Weld County Code; Keeping between five (5) and eight (8)
household pets of one (1) species, or between eight (8) and
16 household pets of two (2) or more species and, in
addition, up to 30 birds, permitted under Chapter 23,
Article IV, Division 17 of the Weld County Code;
manufactured homes and structures, permitted under
Chapter 23, Article IV, Division 3 of the Weld County Code;
noncommercial towers between 70 and 130 feet in height,
permitted under Section 23-4-895 of the Weld County Code;
one (1) semi -trailer used as accessory storage, per legal lot,
permitted under Chapter 23, Article IV, Division 11 of the
Weld County Code; shooting ranges, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
solar energy facility (5 ACRE SEF), being less than
five (5) acres in size, subject to the additional requirements
of Section 23-4-1030 of the Weld County Code;
telecommunications antenna towers between 35 and
70 feet in height, permitted under Chapter 23, Article IV,
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Division 10 of the Weld County Code; temporary seasonal
uses, permitted under Chapter 23, Article IV, Division 7 of
the Weld County Code; Veterinary clinics or animal
hospitals, permitted under Chapter 23, Article IV,
Division 17 of the Weld County Code; wind generators
requiring a Zoning Permit under Chapter 23, Article IV,
Division 6 of the Weld County Code.
3) The Planned Unit Development shall contain four (4) residential lots
with E (Estate) Zone bulk requirements and uses. Specifically, only
Uses by Right, Uses by Site Plan Review, Accessory Uses and
Uses by Permit within the E (Estate) Zone District may be allowed.
At the time of application, the following uses are permitted within
areas designated for E (Estate) Zone District uses:
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 come; 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 to include
parking of commercial vehicles; structures and buildings
accessory to Uses by Right, not including cargo containers;
swimming pools. Tennis courts and similar accessory uses
and structures, and accessory wind generators.
iv) 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.
4) No Use by Special Review permit(s) shall be permitted within this
Planned Unit Development.
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5) No Building Permits shall be issued on Phase II (Lots 1, 2 and 3)
until evidence has been provided that water service has been
established and taps have been obtained from the Town of
Johnstown.
6) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
7) Installation of utilities and requirements of the service providers
shall comply with Section 24-3-60 and Section 24-3-180 of the Weld
County Code. Any property owner shall not construct any
improvements within identified easements.
8) The existing 1,800 square -foot building (located in the NE portion
of Lot 5), constructed in 1962, is a non -conforming structure. Per
the Weld County Code: No such nonconforming structure or
nonconforming portion of a structure may be expanded, enlarged
or altered in a way, which increases its nonconformity, except that
those structures that are nonconforming by reason of
noncompliance with existing setback requirements, may be
expanded or enlarged so long as such expansion or enlargement
does not further diminish the nonconforming setback. No expansion
or enlargement of structures shall be allowed within an existing
right-of-way.
9) Water service may be obtained from the Town of Johnstown or the
Little Thompson Water District.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by 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.
11) 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.
12) 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.
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13) 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.
14) The PUD roadway shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
15) 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.
16) Weld County is not responsible for the maintenance of on -site
drainage related features.
17) The historical flow patterns and runoff amounts on the site will be
maintained.
18) Weld County is not responsible for the maintenance of on -site
subdivision roads.
19) All proposed or existing structures will, or do, meet the minimum
setback and offset requirements for the zone district in which the
property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line. No building unit shall be constructed within
250 feet of any of any oil and gas facility, nor any plugged and
abandoned oil and gas well or within 50 feet of any plugged or
abandoned oil and gas well. No variance from this section shall be
granted, such that it would allow any building to be constructed
within 50 feet of any oil and gas facility, nor any plugged and
abandoned oil and gas well.
20) Building Permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agriculture Exempt
Building, per the requirements of Section 29-1-20 and
Section 29-3-20.6.13 of the Weld County Code, do not need
Building Permits; however, a Certificate of Compliance must be filed
with the Department of Planning Services and an Electrical and/or
Plumbing Permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
21) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
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22) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II and Article VIII of
the Weld County Code.
23) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations
24) The site shall maintain compliance at all times with the applicable
requirements of the Weld County Department of Public Works,
Public Health and Environment, Planning Services and all
applicable Weld County Code, Policies and regulations, in
accordance with the approved Planned Unit Development Final
Drainage Report and Construction Plans, the accepted and
recorded Improvements Agreement for on -site improvements, the
signed PUDF22-0004 Board of County Commissioners Resolution
and the recorded PUDF22-0004 plat.
25) No development activity shall commence on the property, nor shall
any Building Permits be issued on the property until the Final Plan
has been approved and recorded.
26) Failure to Comply. The Board of County Commissioners may serve
written notice upon such organization or upon the owners or
residents of the PUD setting forth that the organization has failed to
comply with the PUD Final Plan. Said notice shall include a demand
that such deficiencies of maintenance be cured within 30 days
thereof. A hearing shall be held by the Board of County
Commissioners within 15 days of the issuance of such notice,
setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may
give an extension of time within which they shall be rectified. Any
PUD Zone District approved in a Final Plan shall be considered as
being in compliance with Chapter 24 of this Code
and C.R.S. §30-28-101, et seq.
27) The Amended PUD Final Plan process shall be followed when
proposing changes to a recorded Planned Unit Development plat
as described in Chapter 27, Article VII of the Weld County Code, as
amended.
28) The PUD Final Plan shall comply with all applicable regulations and
requirements of Chapter 27 of the Weld County Code, as amended,
in accordance with the approved Planned Unit Development Final
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Drainage Report and Construction Plans, the accepted and
recorded Improvements Agreement for on -site improvements, the
signed PUDF22-0004 Board of County Commissioners Resolution
and the recorded PUDF22-0004 plat.
29) 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.
30) The Weld County Right to Farm Statement, as it appears in Section
22-2-30.A.4.a of the Weld County Code, shall be placed on the map
and recognized at all times.
2. Prior to Construction:
a. The applicant shall obtain Access Permits for the two (2) development
accesses for residential use only.
b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of this Code. The Mylar plat and additional
requirements shall be recorded within three (3) years from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. If a plat has not been recorded within three (3) years of
the date of the approval of the Planned Unit Development (PUD) Final Plan, or
within a date specified by the Board of County Commissioners, the Board may
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require the landowner to appear before it and present evidence substantiating that
the PUD has not been abandoned and that the applicant possesses the willingness
and ability to record the plat. The Board of County Commissioners may extend the
date for recording the plat. If the Board determines that conditions supporting the
original approval of the PUD cannot be met, the Board may, after a public hearing,
revoke the PUD.
5. Failure to Record. The applicant shall submit one (1) electronic copy (.pdf) of the
plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat, the applicant shall submit a Mylar plat, along with all
other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The plat shall be prepared in accordance with the requirements
of this Code. The Mylar plat and additional requirements shall be recorded within
three (3) years from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. If a plat has not
been recorded within three (3) years of the date of the approval of the Planned
Unit Development (PUD) Change of Zone or Final Plan, or within a date specified
by the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD has not been
abandoned and that the applicant possesses the willingness and ability to record
the plat. The Board of County Commissioners may extend the date for recording
the plat. If the Board determines that conditions supporting the original approval of
the PUD cannot be met, the Board may, after a public hearing, revoke the PUD.
6. Failure to Commence. If no construction has begun or no use established in the
PUD within three (3) years of the date of the approval of the PUD Final Plan, the
Board of County Commissioners may require the landowner to appear before it
and present evidence substantiating that the PUD Final Plan has not been
abandoned and that the applicant possesses the willingness and ability to continue
the PUD. The Board of County Commissioners may extend the date for initiation
of the PUD construction and shall annually require the applicant to demonstrate
that the PUD has not been abandoned. If the Board of County Commissioners
determines that conditions supporting the original approval of the PUD Final Plan
have changed or that the landowner cannot implement the PUD Final Plan, the
Board may, after a public hearing, revoke the PUD Final Plan and order the
recorded PUD plan vacated.
7. In accordance with Appendix 5-J of the Weld County Code, should the Planned
Unit Development Final Plat not be recorded within the specified timeline from the
date of the Board of County Commissioners Resolution or Planning Department
approval, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
8. Following recordation of the Planned Unit Development Final Plat, the property
owners shall create and record deeds for all the newly created lots; deeds shall
include the legal description of each lot and the reception of the Planned Unit
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Development Final Plat. New deeds are required even if lots will remain under the
same ownership. Failure to do so may create issues with the proper assessment
of the lots by the Weld County Assessor's Office and may create a clouded chain
of title.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da)1,44) jeL;vi,
Weld County Clerk to the Board
BY:
AP
ounty Att• ney
Date of signature: O3/3O/23
Mikc.Freecnan, Chair
Lori Saine
ro-Tem
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