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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
Maxwell Nader
Case Number: PUDZ21-0002
Owners:
Request:
Legal:
Location:
Hearing Date: September 7, 2021
Lot 1 — Johnny Ray and Nancy Arlene Frits
Lot 2 — Erik A. and Tammy M. Anglund
Amended PUD Change of Zone of North Country PUD (PUDZ14-0001) to allow one (1)
second single-family home per lot in the PUD.
Lots 1 and 2 of North Country PUD (PUDF14-0008); being a part of the N2NW4 of
Section 7, Township 3 North, Range 68 West of the 6th P.M., Weld County, CO
South of and adjacent to County Road 36 and east of and adjacent to County Road 1
Total Acres: +1- 40.50 acres
Parcel # Address
120707201001 16898 CR 1
120707201002 16990 CR1
Acres Owner Lot
20.23 Johnny Ray and Nancy Arlene Frits 1
20.20 Erik A. and Tammy M. Anglund 2
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Mountain View Fire Protection District, referral July 6, 2021
Weld County Department of Public Works, referral dated July 8, 2021
Weld County Department of Public Health and Environment, referral dated July 23, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Town of Mead, referral dated July 6, 2021
▪ Larimer County, referral dated July 13, 2021
▪ Longmont Conservation District, referral dated July 27, 2021
▪ Weld County Zoning Compliance, referral dated July 6, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Y Boulder County
Y Longs Peak Water District
PUDZ21-0002 — North Country
Page 1 of 7
Case Summary:
North Country PUD is zoned PUD with Estate Zone District uses per case number PUDZ14-0001, recorded
July 23, 2014, reception #4032971. The North Country final plat, PUDF14-0008 was recorded October 15,
2014, reception #4054275. This PUD platted two (2) lots. Second single-family dwellings are not permitted
in the Estate Zone District, including PUDs with Estate Zone District uses, unless expressly called out and
approved by the Board of County Commissioners. This Change of Zone proposes to amend PUDZ14-0001
to allow second single-family dwellings in North Country PUD. No other changes or improvements to the
PUD are requested with this amendment. An amended final plat will be required after PUDZ21-0002 is
approved and recorded.
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 application requirements of Section 27-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.2.a - The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision) of the Weld County
Code.
Section 22-2-30.C.2. of the Weld County Code states: "Establish residential development options
based on compatibility, proximity to municipalities, and availability of services that reflect the
desired density and character of that location."
The proposed amendment is located in an existing two (2) lot Planned Unit Development
(PUD). The size of the two (2) lots are roughly twenty (20) acres each, which leaves plenty of
room for an additional dwelling and still keeping with the nature of the area. The proposed
amendment will allow second single-family dwellings on the lots which is not out of character
with the area.
B. Section 27-6-120.B.2.b - The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article 11, Chapter 27 of
the Weld County Code.
The proposed PUD conforms with the performance standards as outlined in Chapter 27, Article
II, Section 27-2-20 through Section 27-2-220 of the Weld County Code with the following
exceptions:
Section 27-2-40. Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the two (2) residential lots.
Section 27-2-50. states: "Development within a PUD Zone District shall be designed and
constructed to include adequate, safe and convenient arrangements for pedestrian and
vehicular circulation, off-street parking and loading space. Pedestrian and vehicular circulation
shall relate to the circulation system external to a PUD Zone District. All streets within the PUD
Zone District, whether private or public, shall be designed and constructed to meet the
requirements of the Department of Public Works and Chapters 24 and 26 of this Code, if
applicable." The applicants received approval for utilizing existing access points. This variance
was requested and approved by the Department of Public Works and the Board of County
Commissioners on the original PUDZ14-0001 submittal.
Section 27-2-200. Uses — The applicant is requesting that a second single-family dwelling be
allowed on each residential lot.
PUDZ21-0002 — North Country
Page 2 of 7
C. Section 27-6-120.B.2.c - The uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning, and
with the future development as projected by Chapter 22 of the Weld County Code or master
plans of affected municipalities.
The proposed amended PUD is not located within a coordinated planning area or urban growth
boundary area. It is located within the three (3) mile referral area of the Towns of Berthoud and
Mead. It is also located within the three (3) mile referral area of Boulder and Larimer County.
No referral responses have been received from Berthoud or Boulder County. Both Mead and
Larimer County responded with no concerns.
D. Section 27-6-120.B.2.d - The PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article 11 the
Weld County Code.
Water is provided by the Longs Peak Water District. Sewer will be provided by individual on -
site wastewater treatment systems (OWTS). 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.
The Longs Peak Water District evaluated the request for water service to proposed second
single-family dwelling. A signed letter dated February 15, 2021 from Longs Peak Water District
states there are not any concerns with adding additional taps for the proposed second dwellings
but that they may require more raw water to be transferred to the District for treatment, or
additional fees may be imposed.
E. Section 27-6-120.B.2.e - The street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
As stated in the original PUDZ14-0001 The existing residential lots in the PUD utilize County
Road 1. The original PUD determined the access points to be adequate through AP11-00401.
There are no proposed access changes
F. Section 27-6-120.B.2.f - An off -site road improvements agreement and an on -site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code
as amended and a road improvements agreement is complete and has been submitted, if
applicable.
An improvements agreement was not required with the original PUDZ14-0001 or PUDF14-
0008 submittal. No improvements agreement will be required for the amended PUDZ or PUDF.
G. Section 27-6-120.B.2.g - There has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site.
The PUD is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard
Area, or MS4 Area.
H. Section 27-6-120.6.2.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does reflect the performance standards and
allowed uses described in the Estate zone district. The E (Estate) lots shall comply with all
(Estate) requirements as described previously. The Department of Planning Services is
recommending that this Amended Change of Zone, to include second single family dwellings.
This approval recommendation is based upon compliance with Chapter 27 requirements.
PUDZ21-0002 — North Country
Page 3 of 7
The amended PUD with Estate Zone District Uses plus second dwellings is conditional upon the following:
1. Prior to recording the plat:
A. A preliminary traffic impact analysis shall be submitted. (Department of Public Works)
B. A simple drainage narrative in which a detention exception is requested shall be submitted.
(Department of Public Works)
C. The plat shall be amended to include the following:
1. The plat shall be labeled PUDZ21-0002. (Department of Planning Services)
2. The applicant shall adhere to the plat requirements in preparation of the plat per
Section 27-9-20 of the Weld County Code. (Department of Planning Services)
3. 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)
4. County Road 1 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
5. County Road 36 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 on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
6. Show and label the approved access locations, and the appropriate turning radii
on the site plan. (Department of Public Works)
7. Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access
can completely clear the traveled way when the gate is closed. In no event, shall
the distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
8. 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. (Department of Public Works)
9. Show and label the drainage flow arrows. (Department of Public Works)
10. The attached Plat Notes. (Department of Planning Services)
E. The Amended PUD is conditional upon the following and that each shall be placed on the
Amended PUD plat as notes prior to recording:
1. The purpose of this amended Planned Unit Development Change of Zone,
PUDZ21-0002 is to allow one (1) second single-family dwelling per each lot.
(Department of Planning Services)
2. The amended Planned Unit Development Change of Zone is from PUD with E
(Estate) uses to PUD with E (Estate) Uses with the exception for the allowance of
one (1) second single-family dwelling per lot as indicated in the application
materials on file in the Department of Planning Services. The PUD will be subject
PUDZ21-0002 — North Country
Page 4 of 7
to, and governed by, the Conditions of Approval stated heron and all applicable
Weld County Regulations. (Department of Planning Services)
3. Water service may be obtained Longs Peak Water District. (Department of Public
Health and Environment)
4. The parcel is currently not served by a municipal sanitary sewer system. Sewage
disposal may be by On -site wastewater treatment systems (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)
5. 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)
6. Installation of utilities shall comply with the Subdivision Design Standards as listed
in Chapter 24, Article III of the Weld County Code. (Department of Planning
Services)
7. For the preservation and/or protection of the absorption field areas, activities such
as permanent landscaping, structures, dirt mounds, animal husbandry, or other
activities that would interfere with the construction, maintenance, or function of the
fields, should be restricted over the absorption field areas while in use.
(Department of Planning Services)
8. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of land must
incorporate all available and practical methods that are technologically feasible
and economically reasonable in order to minimize dust emissions. (Department of
Planning Services)
9. 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.
(Department of Public Works)
10. 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.
(Department of Public Works)
11. The access on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off -site tracking. (Department of Public Works)
12. Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement. (Department of Public Works)
13. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
14. 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 occupied building or structure shall be
constructed within two hundred (200) feet of any tank battery, within one hundred -
fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any
PUDZ21-0002 — North Country
Page 5 of 7
plugged or abandoned oil and gas well. (Department of Planning Services)
15. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
16. Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. (Department of Planning Services)
17. Building permits shall be obtained prior to the construction of any building.
Buildings that meet the definition of an Ag Exempt Building per the requirements
of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need
building permits, however, a Certificate of Compliance must be filed with the
Planning Department 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. (Department of Planning Services)
18. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact, County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
19. 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.
(Department of Planning Services)
20. The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works, Public Health and Environment, Planning
Services and all applicable Weld County regulations. (Department of Planning
Services)
21. 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 all applicable Weld
County regulations. (Department of Planning Services)
22. The site shall maintain compliance at all times with the requirements of the Weld
County Government and the adopted Weld County Code and Policies.
(Department of Planning Services)
23. No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan has been approved and
recorded. (Department of Planning Services)
24. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District. (Department
of Planning Services)
PUDZ21-0002 — North Country
Page 6 of 7
25. The PUD Final Plan shall comply with all regulations and requirements of Chapter
27 of the Weld County Code. (Department of Planning Services)
F. The PUDZ plat shall be submitted to the Department of Planning Services' for recording
within sixty (60) days of approval by the Board of County Commissioners. (Department of
Planning Services)
G. Prior to Construction:
1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required. (Department of Public Works)
PUDZ21-0002 — North Country
Page 7 of 7
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
August 11, 2021
Erik Anglund
16990 County Road 1
Mead, CO 80542
Subject: PUDZ21-0002 - AN AMENDMENT TO PUDZ14-0001 TO ALLOW ONE (1) SECOND SINGLE-
FAMILY HOME PER LOT
On parcel(s) of land described as:
Lots 1 and 2 of North Country PUD, being part of Section 7, T3N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 07, 2021 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October
13, 2021 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,
Maxwell Nader
Planner
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