HomeMy WebLinkAbout20233574.tiff l � PLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
Planner: Maxwell Nader Hearing Date:November 7, 2023
Case Number: PUDF23-0002
Owners: Lisa Nguyen, Brandon Nguyen and Moriah Nguyen
1855 Virginia Drive, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF23-0002,
for six (6) residential lots with E (Estate) Zone District uses and one (1) non-buildable outlot
with A(Agricultural)Zone District uses
Legal Lot D of Recorded Exemption RECX20-0040; being a part of the S2N2 of Section 33, Ti N,
Description: R66W of the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to CR 31; approximately 0.5 miles north of CR 2
Total Area: +1- 122.5 acres Parcel Number: 1471-33-1-00-011
The review criteria for this Final Plan are listed in Section 27-7-40 of the Weld County Code. The review
criteria for a Cluster PUD are listed in Section 27-10-20 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• PDC Energy, Inc., referral dated August 14, 2023
• United Power Inc., referral dated September 1, 2023
• RE-27J School District, referral dated August 24, 2023
• Xcel Energy Company, referral dated August 25, 2023
• Colorado Division of Water Resources, referral dated August 9, 2023
• Weld County Oil and Gas Energy Department, referral dated August 18, 2023
• Weld County Department of Public Health and Environment, referral dated August 18, 2023
• Weld County Department of Planning Services—Building and Addressing,referral dated October 10,2023
• Weld County Department of Planning Services—Development Review, referral dated September 27, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• City of Fort Lupton, referral dated August 19, 2023
• Brighton Fire Rescue, referral dated August 14, 2023
• Colorado Geological Survey, referral dated September 1, 2023
• Weld County Department of Planning Services—Floodplain Administrator, referral dated September 13, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
• Adams County
• City of Brighton
• Town of Lochbuie
• Colorado Parks and Wildlife
• Weld County Attorney's Office
• Brighton Lateral Ditch Company
• West Adams Conservation District
• United States Army Corps of Engineers
• Colorado Department of Public Health and Environment
PUDF23-0002—Nguyen
Page 1
CASE SUMMARY:
The applicant has requested a seven (7) lot Cluster Planned Unit Development (PUD) Final Plan with E
(Estate)Zone uses and A(Agricultural)Zone District uses. This Final Plan is the third and final step of the
proposed Nguyen Cluster PUD, which is comprised of six(6) residential lots, with an average size of three
(3)acres. The PUD also proposes one (1)outlot of approximately one hundred (100)acres. PUDZ22-0003
was approved by the Board of County Commissioners on January 23, 2023. This established the zoning of
the proposed Cluster PUD. The residential lots will be zoned PUD with allowed uses and bulk requirements
per the E (Estate)Zone District. The outlot will be zoned PUD with the allowed uses and bulk requirements
per the A(Agricultural)Zone District.
The development is being proposed as a Cluster PUD and is therefore subject to an additional level of
review, as outlined in the PUD Ordinance, being Chapter 27, Article X of the Weld County Code. In design,
a Cluster PUD purposes to encourage development, which fosters continued agricultural land uses and
protects the County's rural character, agricultural heritage and the character of existing communities while
recognizing private property rights. This development mechanism is adopted by Weld County, as originally
sourced from the Rural Land Uses Process and Cluster Development sections of the Colorado Revised
Statutes.
This PUD will be accessed west off County Road 31 by a single internal paved road, located within proposed
public right-of-way along the south property boundary. Access to individual lots will occur via driveways
extending north off the road. The road will continue to the last and western-most lot,where a cul-de-sac will
be present and then will continue beyond this terminus as a gravel road, where it crosses the Brighton
Lateral Ditch, thereby providing access to the agricultural outlot.
This PUD is located on land generally one-half(0.5) mile north of the Weld County-Adams County line and
two and one half (2.5) miles east of US Highway 85. The City of Brighton municipal limits are sporadic in
this part of the County. Most proximatcly, the City limits arc located directly east of and adjacent to the
PUD, on the east side of County Road 31, being an area containing large lot, platted subdivisions, some of
which have been constructed. This part of the unincorporated County is predominately characterized by
large, agricultural parcels of land comprised of both irrigated and non- irrigated farming operations, ditch
infrastructure, rural residential properties, oil and gas facilities, and limited industrial business operations.
This development is not located within the boundaries of a public water provider and is not served by a
public sanitary sewer system. This development is located within the Fort Lupton Coordinated Planning
Agreement(CPA) boundary; however, as it is located south of County Road 6, separate intergovernmental
agreements of which Weld County is not a part, prohibit annexation of these lands into Fort Lupton.
Although the closest municipality is the City of Brighton, there are no adopted intergovernmental
agreements between the County and the City which afford for mutual planning efforts.
PUDF23-0002—Nguyen
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the PUD Final Plan application requirements of Section
27-7-30 of the Weld County Code.
2. The submitted materials are in compliance with the PUD Final Plan review criteria per Section 27-7-40
of the Weld County Code as follows:
A. Section 27-7-40.C.1 - That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this
Code and any intergovernmental agreement in effect influencing the PUD.
The Weld County Comprehensive Plan adopted in 2020, codified in Chapter 22 of the Weld County
Code, identifies Guiding Principles, Goals and Objectives to provide direction for land use
decisions. The PUD Change of Zone application has demonstrated consistency with the adopted
Weld County Comprehensive Plan as detailed below.
Section 22-2-30.A.2, being one of the land use goals and objectives, which commit to the economic
future of agriculture, states: "Limit the density and intensity of development to maintain agricultural
areas."
The proposed PUD seeks to develop using the Cluster PUD methodology, which by its design, has
been created to limit the density and intensity of development by limiting the overall maximum
number of lots, by limiting the number of lots based on the overall size of the subject parcel and by
matching the proposed uses to the surrounding existing land uses.Additionally,the economic future
of agriculture is retained by the requirement of the agricultural outlot, which shall remain free from
residential surface development as described elsewhere in this recommendation. In particular, it is
evident that the core purpose of this Cluster PUD is to group otherwise potentially dispersed lots
together, in order to retain a large, functional parcel for productive agricultural purposes.
Section 22-2-30.C, being one of the land use goals and objectives, states: "Harmonize
development with surrounding land uses."
The PUD is in harmony with surrounding land uses. Three(3)adjacent recorded exemption lots of
similar size and usage are located directly north of the proposed six (6) PUD residential lots. This
lot product is also replicated in the lands east of County Road 31, in developments platted within
the City of Brighton. Furthermore, the existing ditch crossing of the Brighton Lateral will not be
impacted and the agricultural and large open space portion of the subject property will remain in its
present condition.
Chapter 23 details the allows land uses within each of the adopted Zone Districts. The application
does not request to alter any of the uses which are allowed in the base Zone Districts, which have
been selected to support the proposed PUD Zone District. This proposal is consistent with Chapter
23.
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.
PUDF23-0002—Nguyen
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B. Section 27-7-40.C.2- That the uses which would be allowed in the proposed PUD will conform with
the performance standards of the PUD Zone District contained in Article II of this Chapter.
The residential and agricultural uses that will were permitted through PUDZ22-0003 and approved
by the Board of County Commissioners on January 23, 2023 demonstrated conformance with
select Performance Standards as outlined in Chapter 27,Article II, Section 27-2-20 through Section
27-2-220 of the Weld County Code. In particular, Section 27-2-55 details the Cluster PUD
Performance Standard and Section 27-2-76 details the Conservation Easement Performance
Standard. The design of this PUD adheres to both these stated Standards.
C. Section 27-7-40.C.3- That the uses which would be permitted will be compatible with the existing
or future development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by Chapter 22 of this Code or master plans of affected
municipalities.
The PUD Final Plan application has demonstrated that the proposed PUD lot sizes and approved
uses per PUDZ22-0003 would be in compliance with the existing or future development of the
surrounding area.
The Weld County Department of Planning Services sent notice to twenty four (24) surrounding
property owners within 500 feet of the PUD. Planning Staff received two (2) letters from noticed
property owners. The concerns outlined in the letters are related to additional lots, additional traffic
and the potential issues that more water wells will bring to the local geological water conditions.
Use by right residential and agricultural land uses dominate the area. There are at least five (5)
other platted subdivision in the area and while the majority those subdivisions are located in the
City of Brighton, their lot specifications are relatively consistent with the subject PUD, granted this
PUD is of smaller scale. Other surrounding land uses include predominately large tracts of irrigated
and dryland production agriculture and oil and gas production facilities. There are sporadic
commercial-agriculture and industrial businesses in the area, permitted by several Use by Special
Review permits, but all are at significant distance and beyond view from the PUD, none of which
would impact or would be impacted by the subject development.
D. Section 27-7-40.C.4 - That adequate water and sewer service will be made available to the site to
serve the uses permitted within the proposed PUD in compliance with the performance standards
in Article II of this Chapter.
Per the Weld County Department of Public Health and Environment referral, dated August 18,
2023, the application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of
the Weld County Code in regard to water and sewer provisions.
Water service to PUD is via proposed individual on-lot wells, located on each of the six(6)proposed
residential lots. The Weld County Attorney's Office has approved this source of water, as a typical
PUD must be served by a public water source. However, as allowed per Section 27- 2-210 of the
Weld County Code which states in part: "...An exception may be granted for nine (9) lots or less
residentially clustered PUDs when public water is not available and the residential PUD results in
an intensity of development that preserves and enhances agricultural lands and production. A PUD
applying for an exception to the public water requirement 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 (CDWR) referral, dated August 9, 2023: "For well
permits sought pursuant to section 37-92-602(3)(b)(II)(A), C.R.S. the total amount of water
available to each individual lot will be based on the total land area in the plan and the number of
lots approved." The estimated water demand for each lot is 0.5 acre-feet per year. No material
concerns were identified in the referral besides the need to re-permit an existing water well. CDWR
states well permit no. 318429 must be re-permitted consistent with the size of the parcel on which
it will be located.
PUDF23-0002—Nguyen
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Sewage disposal will be provided by on-site wastewater treatment systems (OWTS) located on
each individual lot. An On-Site Wastewater Treatment System (OWTS) Report completed by High
Plains Engineering and Design, LLC, dated May 26, 2021, was included with the application and
was accepted by Weld County Department of Public Health and Environment staff. Sanitary sewer
service is not available at this location.
E. Section 27-7-40.C.5- That street or highway 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 September 26, 2023, the parcel has an existing access onto CR 31. This access
point is proposed to be upgraded for the internal road associated with the PUD. As this portion of
CR 31 is under the jurisdiction of the City of Brighton,the applicant shall contact the City concerning
permitting and any required improvements.
F. Section 27-7-40.C.6 - In the event the street or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capacity to upgrade the
street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and
26, if applicable. This shall be shown by submitting with the PUD 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.
Per the Weld County Department of Planning Services — Development Review Engineer referral
comments, dated September 26, 2023, an Improvements and Road Maintenance Agreement for
on-site up-front improvements for Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) and for
possible off-site up-front improvements is required. This will include collateral to ensure all required
improvements are completed and maintained. Road maintenance includes, but is not limited to,
dust control and damage repair to specified travel routes.
G. Section 27-7-40.C.7- That 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 PUD is not located within a Special Flood Hazard Area, Airport Overlay District, Geological
Hazard Overlay District, Historic Townsite Overlay District, 1-25 Overlay District, Agricultural
Heritage Overlay District or Municipal Separate Storm Sewer System (MS4)Area.
The property has mineral resources classified as wind-deposited sands that are unlikely to be
mined per the 1975 Weld County Sand and Gravel Map. It was also identified in the PUDK and
PUDZ application that no commercial mineral deposits are located under the proposed PUD. The
Colorado Geological Survey(CGS)referral response dated September 1, 2023, states no concerns
with this PUDF application. Similarly, the CGS had no comments on the PUDK or PUDZ
applications. The site will be developed in accordance with the Subsurface Investigation and
Foundation Recommendations prepared by High Plains Engineering and Design, LLC, dated April
22, 2021.
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H. Section 27-7-40.C.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.
Consistency exists between the proposed PUD Final Plan and the Specific Development Guide as
submitted in the application materials. No major inconsistencies were noted. The eight (8) major
components of the PUD, per Section 27-6-30 of the Weld County Code, have been reviewed, as
detailed below.
1. Component One- Environmental impacts.
Section 27-6-40.A of the Weld County Code states: "The intent of Component One is to identify
and isolate any possible impacts the proposed use may have upon the environment on the site,
as well as on neighboring sites."
Multiple agencies were invited to comment on this application, many of which have direct or
indirect interests in a host of environmental considerations, including the Colorado Geological
Survey, Colorado Parks and Wildlife, Brighton Lateral Ditch Company, West Adams
Conservation District, United States Army Corps of Engineers and Colorado Department of
Public Health and Environment. None of these agencies identified any concerns.
Based on this review, the application appears to satisfactorily address the impacts of the PUD
relative to environmental impacts.
2. Component Two-Service provision impacts.
Section 27-6-50.A of the Weld County Code states: "The intent of Component Two is to ensure
that service provisions to the site have been adequately planned for and are available to serve
the site now and into the future."
A variety a service providers will serve this PUD including the Colorado Division of Water
Resources, Weld County Department of Public Health and Environment, City of Brighton, Xcel
Energy, United Power, Brighton Fire Rescue and RE-27J School District. It is anticipated that
the United States Postal Service and other private parcel couriers may serve the PUD. Garbage
collection services, communications, including internet and cable will be selected by the
property owners.
As proposed, there appear to be adequate service providers for this PUD.
Referrals have been received from Xcel Energy, United Power and RE-27J School District.
Xcel Energy in their referral dated August 25, 2023 delineated concerns on the location of a 6
foot wide utility easement and location of it. United Power in their referral dated September 1,
2023 is requesting a 5'wide dry utility easements on the side lots of 3-5 and a 5'wide dry utility
easement on the west side lot on lot 6. This will allow United Power to bring the electric line
north and to set any equipment for the lot(s) if needed. These utility easement requests have
been included into the draft plat for the PUDF. Due to the utility easements not conforming with
Section 24-3-60 a Utilities Coordinating Advisory Committee will be heard.
RE-27J returned a referral dated August 24, 2023 requiring a cash in lieu of land dedication in
the amount of $7,762.47. A condition of approval has been included to ensure the applicant
addresses RE-27J requirements and concerns. Brighton Fire Rescue returned a referral on
August 14, 2023 with no concerns.
3. Component Three- Landscaping elements.
Section 27-6-60.A of the Weld County Code states: "The intent of the landscape plan is to
ensure that the landscaping and aesthetics of the site are compatible to that of surrounding
land uses and that the site will provide and maintain an increased sense of place for those
inside of the development. The landscape plan shall provide clear and supported information
both by written statements and graphic representations. The information will provide an ample
quantity and variety of ornamental plant species which are regarded as suitable for this climate.
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Landscape treatment will be balanced with both evergreen and deciduous plant material with
sufficient use of upright species for vertical control. Plant material selection will be reviewed for
adaptability to physical conditions of the site plan."
As this PUD is for residential purposes with no proposed outlots besides the conservation outlot
and right-of-way, landscaping will be at the desecration of the individual propoerty owner.
Future property owners will be able to design and install their own landscaping on their
respective lots.
4. Component Four-Site design.
Section 27-6-70.A of the Weld County Code states: "The intent of Component Four is to ensure
that the PUD is established with consideration to the site's advantages and limitations, as well
as the compatibility of the development to adjacent sites.The design of the site should consider
all existing features, both natural and man-made, to determine those inherent qualities that
give the site and the surrounding area its character."
As submitted in the application materials, the residential lots are clustered in a portion of the
property that is located closer to the roadway and east of the ditch. This means the roadway
does not have to cross the ditch to provide proper access to all lots. Furthermore, the size and
density of lots is consistent with the large-lot residential development, which is adjacent to the
property lots, being a rural-type subdivision within the City of Brighton corporate limits.
5. Component Five-Common open space usage.
Section 27-6-80.A of the Weld County Code states: "Common open space is an essential
community asset and an important component of a development's design in a PUD. Common
open space attempts to preserve ecologically important environments, provides attractive
views and space for recreational activities and buffers the development from other land uses.
The intent of Component Five is to ensure that each development provides an appropriate
amount and type of open space within the site."
The PUD will provide approximately one hundred (100) acres of common open space,
comprised of the Cluster PUD outlot.This area includes a small waterbody and farmland within
the outlot. This outlot will be maintained and have restricted development rights in perpetuity,
as detailed in this document and to be incorporated into the CCRs.
6. Component Six- Proposed signage.
Section 27-6-90.A of the Weld County Code states: "To encourage the effective use of signs
as a means of communication in unincorporated Weld County; to maintain and enhance the
visual corridors and the County's ability to attract sources of economic development and
growth;to improve pedestrian and traffic safety;to minimize the possible adverse effect of signs
on nearby public and private property; and to enable the fair and consistent enforcement of
sign restrictions."
The application materials did not address signage for the PUD. However, should any signage
be proposed in the future for such purposes including the identification of the PUD, it shall
adhere to the adopted Weld County Sign Code. Furthermore, signage may also be requested
by law enforcement and emergency responders.
7. Component Seven- RUA impacts.
Section 27-6-100.A of the Weld County Code states: "The RUA has been developed to provide
high quality development in an urban corridor area within the County and, therefore,
development in the RUA is driven by the intensity of the use and the impacts of the use on
adjoining neighbors and the community."
The PUD is not located within the 1-25 Overlay District,which details landscaping requirements,
the limited predecessor of Regional Urbanization Area (RUA) Overlay Districts. Therefore, no
adherence of the PUD to the 1-25 Overlay District was required. Prior to the dissolving of RUAs,
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this PUD was not located within any designated RUA.
8. Component Eight- Intergovernmental agreement impacts.
Section 27-6-110.A of the Weld County Code states: "Efficient and orderly land development
directs PUD developments to locate where urban services exist or can more easily be provided,
such as in close proximity to municipalities and within the RUA. Currently,the County and many
municipalities are cooperating in joint planning efforts to achieve a consistent vision for land
surrounding municipal boundaries. This coordination is achieved through intergovernmental
agreements."
The PUD is located within the Coordinated Planning Agreement(CPA) boundary of the City of
Fort Lupton. During the PUDZ22-0003 process a Notice of Inquiry form was sent to the City of
Fort Lupton. Per the Notice of Inquiry Form dated March 7, 2022 and submitted with the
application materials, there is no annexation interest, and the property is located outside the
Fort Lupton future land use area. The PUD is located within the three (3) mile referral area of
Adams County, City of Brighton, City of Fort Lupton and Town of Lochbuie. City of Fort Lupton
did not have any concerns or comments on their referral dated September 18, 2023. Adams
County, Lochbuie, and Brighton did not respond to the referral request. Additionally,the County
does not have a Coordinated Planning Agreement with the City of Brighton.
3. The submitted materials are in compliance with Cluster PUD Standards per Section 27-10-20 of the
Weld County Code as follows:
A. If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of
being used for agricultural production such as farming and ranching operations for the next forty
(40)years from the date of final approval.
This PUD is being proposed on agricultural lands, in both terms of current zoning and current land
use. This statement is confirmed by the Weld County Assessor's Property Report valuation of this
land. As such, the property will continue to be used for productive farming activities, which is
certainly possible, as the property contains both irrigated and dryland farm ground. Furthermore,
the agricultural outlot is severed from the rest of the PUD that will be developed by the Brighton
Lateral Ditch. In this way, agricultural operations will be naturally buffered from the encroachment
from residential uses.
B. The outlot shall be restricted to operations and be free from development for any other uses for a
period of forty(40)years from the date of final approval.
The agricultural outlot will be preserved for agricultural operations only and no development may
occur, for at least forty (40) years from the date the PUD Final Plan is approved. Structures and
activities in support of agricultural operations shall be permitted and are not considered
development for the purposes of this application.
C. A minimum of two-thirds (2/3) of the total area of the tract must be reserved for the preservation of
contiguous land.
The property is approximately 122.5 acres in size. Two-thirds of this area is approximately 81.6
acres. The applicant is voluntarily exceeding this minimum reservation of 81.6 acres as the
proposed outlot is approximately 100 acres.
D. The outlot 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 agricultural outlot will continue to be used for agricultural production including growing crops
and contains existing ditch infrastructure.The outlot also contains an existing irrigation pond,which
will not be affected by the PUD. The outlot will also provide a passive view corridor to the six (6)
small lots and the surrounding lands.
E. Public access to the outlot is not a requirement. The outlot may be substituted for the common
open space requirement used in the traditional Planned Unit Development application.
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Public access to the agricultural outlot is not proposed and no parks, trails, or other community
space or amenities are proposed within the outlot. The outlot shall be owned by a Homeowner's
Association (HOA) and may be farmed under the assignment by the HOA. Should the outlot be
intended for limited private access, restricted to the residents of the subject Planned Unit
Development, terms of such access should be outlined in the Covenants, Conditions and
Restrictions (CCR)document.
F. The intent of the A (Agricultural) Zone District as outlined in Chapter 23 and the Comprehensive
Plan, Chapter 22 of this Code, including Weld County's Right to Farm,Appendix 22-E, shall be met.
This PUD will not interfere with the surrounding A(Agricultural)zoned properties in unincorporated
Weld County. The intent of the A (Agricultural) Zone soundly applies to the proposed use of the
outlot. This PUD is in line with the goals of the Weld County Comprehensive Plan and is supported
by the Weld County Right to Farm Statement.
G. A Cluster PUD may be used in urban and nonurban areas. A Cluster PUD shall follow the
procedures as outlined in this Code.
A Cluster PUD is equally permittable in currently defined urban or non-urban areas per the PUD
Ordinance. Given that this part of Weld County contains both urbanizing and non-urbanizing
features, a Cluster PUD is an appropriate land development tool.
The concept of non-urban development has further been expanded under the definitions of the
Weld County Subdivision Ordinance, which now distinguish between Non-Urban Scale
Development and Rural Scale Development. Per Section 24-1-40, Rural Scale Development is
defined as: "Rural scale developments require a potable water source, private sewer systems and
internal roads. This development type allows remaining areas to be utilized for agricultural
purposes, open space and environmental conservation." This classification is distinguished from
Non-Urban Scale, which requires a public water source.
Given that a core feature of Cluster PUDs is the ability to obtain an exception to public water, it is
consistent and foreseen that a Cluster PUD may be considered a Rural Scale Development, being
a term that was adopted after the promulgation of the current Weld County Planned Unit
Development Ordinance.
H. The number of single-family residential units must not exceed two (2) per thirty-five-acre
increment. The residential lots created by this option may not be further subdivided in the future.
The property is approximately 122.5 acres in size. There are approximately 3.5 thirty-five acre
increments within this parcel. Two (2)residences are allowed per each of these increments, 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%)acres per lot. The
proposed acreages of the six (6)small lots will comply with this requirement.
Moreover, the six (6) proposed small lots comply with the PUD Water Provision per Section 27-2-
210 of the Weld County Code which states an exception may be granted for nine (9) lots or less
residentially clustered PUDs when public water is not available and the residential PUD results in
an intensity of development that preserves and enhances agricultural lands and production.
Section 27-2-210 of the Weld County Code states that a PUD applying for an exception to the
public water requirement must be considered a Nonurban scale development as defined in Chapter
27.
Planning staff relies on the adopted Weld County Comprehensive Plan principles, goals and
objectives of Weld County, to best understand the desired land development perspective of the
County. It is important to note that the guiding principles are the foundation for land use policy in
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the County. In particular, two of the primary guiding principles of the Weld County Comprehensive
Plan supports the ability for the property owners to pursue this application, even though conflict
exist within the Weld County Code. In brief review, the Chapter 24 definition is better supported by
the Comprehensive Plan goals rather than the Chapter 27 definition because the Chapter 24
definition is consistent with the guiding principles of" Respecting Our Agricultural Heritage" and
"Respecting Private Property Rights".
The first principle is supportive of this position, as it highlights the most primary tradition and
character of the County, being the importance of agriculture in the County. As this PUD application
seeks to expressly preserve over one hundred (100) acres of land, being more than the minimum
amount required, and that the land is capable and will continue to be used for farming, and that this
land may not be developed for other land uses for at least forty (40) years, there is clearly
demonstrated adherence to this principle. The second principle is supportive of this position, as it
provides a private property owner an option to split their land, within the bounds of a currently
adopted land division method, so long as this development does not interfere with or infringe upon
the rights of others. As no identified nuisances or impediments upon other surrounding property
owners or the public have been identified, adherence to this principle is also demonstrated. Both of
these positions are in align with identity of Weld County,which seeks to lessen the degree of burden
on its citizens as much as possible.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Planned Unit Development Final Plan plat:
A. An Improvements and Road Maintenance Agreement for on-site up-front improvements for
Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) and for possible off-site up-front
improvements is required. This will include collateral to ensure all required improvements are
completed and maintained. Road maintenance includes, but is not limited to, dust control and
damage repair to specified travel routes. (Development Review)
B. An acceptable Traffic Narrative, that includes all traffic using the internal road, shall be submitted.
(Development Review)
C. A City of Brighton access and/or right-of-way permit or documentation that a permit is not required
shall be submitted. This may include intersection design standards for the internal road and CR 31.
(Development Review)
D. The applicant shall address the requirements of Weld County School District RE-27J as stated in the
referral response dated August 24, 2023. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements from the Colorado Division of Water Resources, as
stated in the referral response dated August 9, 2023. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the comments from the Weld County Department of Planning Services
— Building and Addressing, as stated in the referral response dated October 6, 2023. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the Weld
County Department of Planning Services for recordation with the appropriate recording fee. The
CCRs shall incorporate any changes required by the Weld County Attorney's Office and
Department of Planning Services. (Department of Planning Services)
H. The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas Energy
Department, as stated in the referral responses dated August 18, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
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Services)
I. The applicant shall acknowledge the comments of the Xcel Energy, Inc. as stated in the referral
response dated August 25, 2023, regarding utility easement design and service connections.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
J. The applicant shall acknowledge the comments of United Power, as stated in the referral response
dated September 1, 2023, regarding easements, structure locations and service requirements.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
K. The applicant shall acknowledge the comments of the PDC Energy, Inc., as stated in the referral
response dated August 14, 2023. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
2. The Planned Unit Development Final Plan plat shall delineate the following:
A. All sheets of the plat shall be labeled: Planned Unit Development Final Plan No. PUDF23- 0002.
(Department of Planning Services)
B. The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code.
(Department of Planning Services)
C. Show and label all recorded easements, ditches and rights-of-way on the map by book and page
number or reception number. (Department of Planning Services)
D. All utility easements shall conform to Section 24-3-60 of the Weld County Code. Utility easements
on the plat shall adhere to the recommendations of the Weld County Utilities Coordinating Advisory
Committee, held on November 9, 2023. (Department of Planning Services)
E. The Planned Unit Development Final Plat shall utilize Plat Certificates Letters A, D, E and F as
located in Appendix 24-A of the Weld County Code. (Department of Planning Services)
F. This portion of County Road 31 is under the jurisdiction of the City of Brighton. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access
on the site plan and label with the approved access permit number, if applicable. (Development
Review)
G. Show the vehicular and non-vehicular traffic circulation, including road classification, right-of-way
width, road surface width and depth, and access to public right-of-way for the internal road.
(Development Review)
H. Show and label the drainage flow arrows. (Development Review)
3. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
4. The following notes shall be included on the Planned Unit Development Final Plan plat:
1) The Planned Unit Development Final Plan, PUDF23-0002, allows for six (6) residential lots with E
(Estate)Zone District uses and one(1)non-buildable outlot with A(Agricultural)Zone District uses,
as indicated in the application materials on file in the Department of Planning Services, subject and
governed by the Plat Notes stated hereon and all applicable Weld County regulations. (Department
of Planning Services)
2) The area located west of and including the Brighton Lateral Ditch prescriptive easement, shall be
designated for A (Agricultural) Zone District bulk requirements and uses, limited to select
agricultural operations and may contain agricultural-exempt structures in support of such
agricultural operations. Specifically, the following uses are permitted within areas designated for A
PUDF23-0002—Nguyen
Page 11
(Agricultural) Zone District uses. Ditch and irrigation infrastructure; camping, fishing, hunting;
farming, ranching, gardening, including structures for storage of agricultural equipment and
agricultural products and confinement or protection of livestock;and agriculture-related water tanks.
(Department of Planning Services)
3) The area located east of the Brighton Lateral Ditch shall be designated for E (Estate)Zone District
bulk requirements and uses. Specifically, only Uses by Right, Uses by Site Plan Review, Accessory
Uses and Uses by Permit within the E (Estate) Zone District may be allowed. At the time of
application, the following uses are permitted within areas designated for E (Estate) Zone District
uses. a)Uses by Right: gardening;fishing and noncommercial water skiing; one(1)noncommercial
tower up to forty (40)feet in height per legal lot; public parks; public schools; one
(1) single-family dwelling, foster care home; or group home facility per legal lot; and utility service
facilities. b) Uses by Site Plan Review: churches; golf courses; police, ambulance, and fire stations
or facilities; private schools; and public and private recreational facilities. c)Accessory Uses:animal
boarding and animal training facilities where the maximum number of animal units permitted in the
bulk requirements is not exceeded and traffic to and from the facility does not exceed sixty (60)
daily trips; farming; parking areas and parking structures, not including parking of commercial
vehicles; structures and buildings accessory to uses by right, not including cargo containers;
swimming pools, tennis courts and similar accessory uses and structures; and accessory wind
generators. d) Uses by Permit: auxiliary quarters, which shall require approval of a Certificate of
Compliance; Class I and Class II home occupations requiring a zoning permit; one
(1) noncommercial tower between forty (40) and seventy (70) feet in height per legal lot requiring
a zoning permit; oil and gas facilities requiring a 1041 WOGLA permit; parking of one (1)
commercial vehicle per legal lot requiring a zoning permit; pipelines - natural gas or pipelines -
petroleum products other than natural gas requiring a LAP permit; and wind generators requiring a
zoning permit.
4) No Uses by Special Review permit shall be permitted within this Planned Unit Development.
(Department of Planning Services)
5) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S.,
as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning
Services)
6) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code, as
amended. (Department of Planning Services)
7) All occupied buildings shall be located on a platted and buildable lot. No occupied structures shall
be permitted in the outlots; agriculturally-exempt structures are excluded from this restriction.
(Department of Planning Services)
8) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
9) Any such provision included with the recorded Declaration of Covenants, Conditions and
Restrictions may be more restrictive than Weld County Zoning Code requirements; however, will
not be enforced by Weld County. In no event shall bulk requirements and lot standards be less
restrictive than Weld County Code. (Department of Planning Services)
10) Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
11) Lot owners should be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer, Division of Water Resources,the quantity of water available for usage
may be limited to specific uses, i.e., domestic use only, etc. Also, groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health and Environment.
We strongly encourage lot owners to test their drinking water prior to consumption and periodically
test it over time. (Department of Public Health and Environment)
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12) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by an on-site wastewater treatment system (OWTS)designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair, replacement, or modification of
the system. (Department of Public Health and Environment)
13) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the component
to function as designed. (Department of Public Health and Environment)
14) During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created. If dust emissions create nuisance conditions, at the request of Weld County
Environmental Health Services, a fugitive dust control plan must be submitted. (Department of
Public Health and Environment)
15) If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in
duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice application, and apply for a permit from the Colorado Department of Public Health
and Environment. (Department of Public Health and Environment)
16) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
17) The PUD internal roadway shall be maintained to mitigate any impacts to the public road including
damages and/or off-site tracking. (Development Review)
18) The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
19) Weld County is not responsible for the maintenance of onsite internal roads. (Development Review)
20) The property owner shall be responsible for complying with the Performance Standards of Chapter
27, Article II and the Supplemental Procedures and Requirements of Chapter 27, Article VIII of the
Weld County Code. (Department of Planning Services)
21) The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Department of Public Health and Environment, Department of
Planning Services and all applicable Weld County regulations. (Department of Planning Services)
22) No development activity shall commence on the property, nor shall any building permits be issued
on the property until the PUD Final Plan has been recorded and all conditions satisfied.
(Department of Planning Services)
23) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
24) Failure to Comply. The Board of County Commissioners may serve written notice upon such
organization or upon the owners or residents of the PUD setting forth that the organization has
failed to comply with the PUD final plan. Said notice shall include a demand that such deficiencies
of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of
County Commissioners within fifteen(15)days of the issuance of such notice, setting forth the item,
date and place of the hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be rectified. Any PUD Zone
District approved in a final plan shall be considered as being in compliance with Chapter 24 of this
Code and Section 30-28-101, et seq., C.R.S.
PUDF23-0002—Nguyen
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25) The PUD Final Plan process shall be followed when proposing changes to a recorded Planned Unit
Development plat as described in Article VII of Chapter 27 of the Weld County Code, as amended.
26) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code, as amended.
27) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the
State's commercial mineral deposits are essential to the State's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
28) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens,field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
State and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
PUDF23-0002—Nguyen
Page 14
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
5. Upon completion of Conditions of Approval 1.and 2. above,the applicant shall submit one(1)electronic
copy(.pdf)of the Planned Unit Development Final Plan plat for preliminary approval to the Weld County
Department of Planning Services. Upon County approval of the plat, the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
staff. (Department of Planning Services)
6. The Planned Unit Development Final Plan plat shall be submitted to the Department of Planning
Services for recording within one hundred and twenty (120) days of approval by the Board of County
Commissioners. (Department of Planning Services)
7. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final
Plan plat not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
PUDF23-0002—Nguyen
Page 15
DEPARTMENT OF PLANNING SERVICES
ti B 1402 North 17th Ave
Greeley, CO 80631
Website:www.weld.gov
. j N -Y Email: mnader@weld.gov
Phone: (970)400-400-3527
Fax: (970) 304-6498
September 27, 2023
NGUYEN LISA
1855 VIRGINIA DRIVE
FORT LUPTON, CO 80621
Subject: PUDF23-0002 - A Site Specific Development Plan and Planned Unit Development Final Plan
for six (6) residential lots with E (Estate) Zone District uses and one (1) non-buildable outlot with A
(Agricultural) Zone District uses.
On parcel(s) of land described as:
LOT D REC EXEMPT RECX20-0040; PART S2N2 SECTION 33,Ti N, R66W of the 6th P.M.,Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 7, 2023 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
13, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
/,'/', V
Maxwell Nader
Planner
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