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Home My WebLink About20260548 PLANNED UNIT DEVELOPMENT CHANGE OF ZONE luta STAFF COMMENTS COUNTY, CO Planner: Matthew VanEyll Hearing Date: March 18, 2026 Case Number: PUDZ25-0002 Owners: Thomas and Valerie Minnig 18198 Sagebrush Way, Brighton, CO 80603 Request: An Amendment to Froman Ranchette PUD, Z-229, to increase animal units, include a kennel use on Lot 9, and further clarify uses on Lots 1-9 Legal: Lots 1-9, Block 1, Froman Ranchette PUD, Part of Section 18, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Location: East of and adjacent to County Road 37; approximately 0.36 miles south of County Road 10 Section Line Total Acres: +/- 38.033 acres Parcel #s: 147318001005 147318001001 147318001002 147318001003 147318001004 147318201016 147318201017 147318201018 147318201019 147318201020 The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of Hudson, referral received September 12, 2025 ➢ Colorado Division of Water Resources, referral dated September 17, 2025 ➢ Town of Lochbuie, referral dated September 9, 2025, revised October 14, 2025 ➢ Weld County Planning Services— Development Review, referral dated September 17, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Fort Lupton, referral dated September 16, 2025 ➢ Colorado Parks and Wildlife, referral dated August 31, 2025 ➢ Weld County Sheriff's Office, referral dated August 22, 2025 ➢ Weld County Department of Oil and Gas Energy, referral dated August 27, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Hudson Fire Protection District ➢ Platte Valley Conservation District ➢ Central Weld County Water District ➢ Weld County School District RE-3J PUDZ25-0002—Froman Ranchette Page 1 of 5 Case Summary: The applicant has requested an amendment to the Froman Ranchette Planned Unit Development (PUD), originally zoned under case number Z-229, recorded October 30, 1974, reception number 1647648. The zoning plat allows for Estate Zoning with modifications, including a note specifically for animals that states: 5. No animals, livestock or poultry of any kind shall be raised, bred or kept for any commercial purpose on any tract except horses or those animals which are kept entirely in the home. Horses may be kept, bred, boarded or trained so long as facilities are kept clean and odor free. Swine are expressly forbidden and none shall at any time be kept on any tract for any purpose. The applicant is proposing modifications as outlined: • Lots 1-8 up to two (2) animal units per lot. • Lot 9 allowed animal units based on A(Agricultural)Zone District. • Lot 8: A noncommercial junkyard allowed, subject to opaque screening. • Lot 9 (24 acres in size): Kennel allowed, subject to a Site Plan Review. • Lot 9: Up to two (2) cargo containers for accessory storage allowed. A list of all property owners signing the PUDZ amendment application form was submitted with this application. All owners that signed this form are the same, with the exception of one, as this property had a change in ownership since the form was signed.The new owner was notified of the requested amendment via regular mail. One March 2, 2026, one (1) response was received over the telephone stating concerns about the use of a kennel and traffic associated with this use. As part of the Site Plan Review for the Kennel use, referrals will be sent to all municipalities within a three- mile radius of the subject property, consistent with all Site Plan Review procedures. According to the Division of Water Resource's referral, dated September 17, 2025, each property owner will need to ensure their well permits are permitted correctly to be used for livestock purposes. 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 27-2-20 (Amendments to PUD Zoning) of the Weld County Code. 2. The submitted materials are in compliance with Section 27-2-10 (Overview of PUD Amendments) of the Weld County Code as follows: A. A PUD zoning plat or final plat may be amended in accordance with this Article II.An application may be submitted for amendments to both a zoning plat and a final plat concurrently. According to Weld County Department of Planning Services standard operating procedures, a final plat is not needed in conjunction with this zoning amendment. B. The proposed amendment shall maintain compatibility within the PUD and to adjacent surrounding uses, as determined by the Board of County Commissioners. The proposed amendment application was signed by all property owners of the PUD, at the time that the application form was accepted. The newest property owner of the PUD was sent a notice of this application, and one (1) response was received by the Department of Planning Services on March 2, 2026 stating concerns of allowing the kennel use and traffic associated with it. The proposed amendment adds uses allowed in the A(Agricultural)Zone District,which are compatible with the surrounding residential and agricultural uses. C. The proposed amendment shall not create or increase any nonconformity. PUDZ25-0002-Froman Ranchette Page 2 of 5 No existing, legal uses of the PUD will be made nonconforming by this amendment. The proposed zoning changes will be allowed as Uses by Right, noncommercial junkyard subject to code requirements-opaque screening, up to two (2) cargo containers for accessory storage to the dwelling unit, and the Kennel will be an allowed use via a Site Plan Review. D. Any change to a recorded PUD final plat requires a survey and new PUD final plat showing the amendment and containing the signature of the owner of any lot affected by the amendment as described in Section 27-2-30 below. An amendment to a PUD final plat shall not change the allowed uses or setbacks within a PUD without the approval and recording of an amendment to the PUD zoning. This criterion does not apply to a modification to a PUDZ. E. Platted PUD lots may not be further subdivided. This criterion does not apply to a modification to a PUDZ. F. Lot lines may be adjusted, lots may be combined, and building or septic envelopes may be removed in accordance with Section 27-2-30 without amending a PUD zoning plat. This criterion does not apply to a modification to a PUDZ. G. The exterior boundaries of a PUD shall not be changed by any amendment. This criterion does not apply to a modification to a PUDZ. H. A portion of a PUD zoning plat may not be changed to a zoning district other than PUD. The entire area of a PUD zoning plat may be changed to one (1) or more zoning districts listed in Chapter 23, Zoning, of this Code, by following the process in Division 1, Article II, Chapter 23. Approval and recording of such a Change of Zone would result in the vacation of the PUD zoning plat. The PUD final plat then would be treated as a Minor Subdivision if it contains fewer than ten (10) buildable lots and all lots are located in the same zoning district. Amendments to such final plats would follow the resubdivision process in Article IX of Chapter 24 of this Code. The applicant is proposing an amendment to the Froman Ranchettes PUD to allow Lots 1-8 to be permitted up to two animal units, with Lot 9 being allowed animal units based on the A (Agricultural)Zone District. Lot 8 would be allowed to have a noncommercial junkyard, provided it meets opaque screening requirements. Lot 9, which is 24 acres in size, is proposed for use of a kennel, subject to Site Plan Review. Finally, Lot 9 would be permitted up to two cargo containers for accessory storage, similar to allowances in the Agricultural Zone District. The proposed amendment is not proposing a change from PUD Zone District to another zone district. I. A PUD may be vacated in its entirety if the property is all under identical ownership and a Change of Zone to another zoning district is approved in accordance with Chapter 23, Article II, Division 1, of this Code. No PUD shall be partially vacated. Vacation of a PUD final plat results in one (1) lot with a metes and bounds or aliquot legal description. This criterion does not apply to a modification to a PUDZ. J. Criteria for approval. The PUD amendment must: 1. Maintain compatibility within the PUD and to adjacent surrounding uses. The proposed PUD amendment is compatible with the existing permitted uses within the PUD and is accessory to the residential use of the development. The surrounding PUDZ25-0002—Froman Ranchette Page 3 of 5 uses include residential and agricultural, and all properties surrounding Froman Ranchettes are zoned A (Agricultural), which are compatible with the proposed uses listed in the PUD amendment request. 2. Be in general conformity with the Comprehensive Plan found in Chapter 22 of this Code and any County-approved future development plans for the area. Section 22-2-10. B. — "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The proposed PUD amendment is in general conformity with the Comprehensive Plan, which aims to respect private property rights and ensure that land use changes do not inhibit agricultural production or operations. The proposed PUD amendment is limited to the private residential development and does not affect the surrounding agricultural uses. Furthermore, this amendment will allow more agricultural uses. 3. Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral agency or mineral interest. Two (2) referral responses were received by surrounding municipalities. The Town of Lochbuie and Town of Hudson provided responses. Staff responded to each municipality to provide clarification on the request.The Town of Lochbuie's first referral was received on September 9,2025,stating concerns for items that Weld County Code will address and that the Kennel be reviewed via a Use by Special Review process. The Town of Lochbuie revised their comments on October 14, 2025, they stated their concerns for the noncommercial junkyard, kennel via a Site Plan Review, and the use of cargo containers will be addressed and mitigated through the Weld County codes and requirements that are applicable for use, respectively. The Town of Hudson provided referral comments on September 12, 2025, expressing concerns that the proposed PUD amendment could allow for additional subdivision within the PUD, which they characterized as a "major subdivision." Weld County staff reached out twice to clarify that the request is limited to changes in allowed uses and does not permit further subdivision of lots within the PUD. On December 17, 2025, the Town of Hudson confirmed that their original comments remain unchanged. 4. Comply with the standards detailed in this Section 27-2-10, Article Ill of this Chapter, and Article Ill of Chapter 24 of this Code. The application materials comply with the standards detailed in Section 27-2-10, A-J, listed above. Article III of Chapter 24 of the Weld County Code indicates the Subdivision Design Standards. The proposed PUD amendment does not propose any modifications to the layout or design of the development and, therefore, meets this requirement. 5. Be consistent with the efficient development and preservation of the entire PUD. Froman Ranchettes PUD is an existing development with fully developed lots. The proposed PUD amendment only clarifies permitted uses across all lots and specifies uses on certain lots. It does not alter the layout, infrastructure, or development pattern. Therefore, the amendment is consistent with efficient development and long-term preservation of the entire PUD. 6. Not affect in a substantially adverse manner either the enjoyment of land abutting or across a street from the PUD or the public interest. PUDZ25-0002—Froman Ranchette Page 4 of 5 The PUD is located east of and adjacent to County Road 37.This subdivision is surrounded by an agricultural subdivision to the west and agricultural land to the north,south,and east. The proposed PUD amendment is limited to the PUD and will not affect the adjacent properties outside of the PUD or the public interest. 7. Not be granted solely to confer a special benefit upon any person. The proposed PUD amendment is not for the benefit of a sole property owner. All property owners within the PUD at the time of the application form being completed signed the form, and all current property owners were notified of this PUDZ application. 3. If approved, the Clerk to the Board shall submit the resolution signed by the Board of County Commissioners to the Clerk and Recorder for recording. PUDZ25-0002—Froman Ranchette Page 5 of 5 Hello