HomeMy WebLinkAbout20220023.tiffCORRECTED RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED PLANNED
UNIT DEVELOPMENT FINAL PLAN, PUDF21-0001, TO MODIFY THE
CONDITIONALLY APPROVED PUD (S-249) WITH R-1 (LOW -DENSITY RESIDENTIAL)
USES TO PUD WITH R-1 (LOW -DENSITY RESIDENTIAL) AND A (AGRICULTURAL)
USES ALLOWED AS A USE BY RIGHT, ACCESSORY USE, AND USES ALLOWED
BY PERMIT IN SUBDIVISIONS AND HISTORIC TOWNSITES - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
(This Corrected Resolution is to correct the original Resolution of approval of Site Specific
Development Plan and 2nd Amended Planned Unit Development Final Plan, PUDF21-0001,
recorded in the Office of the Weld County Clerk and Recorder on April 25, 2022, at
Reception Number 4821497, to modify Paragraph 2.F. on page 4; Paragraphs 1.D.5) and 6)
on page 6; and Paragraph E.15) on page 8, to clarify that Clara Lee Street, Elizabeth Street,
Argie Street, Martin Street, and Sunrise Lane are maintained by Weld County and, as a
result, no road improvements agreement is necessary. Additionally, Plat Note 16 on the
plat entitled, "2nd AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN FOR MARTIN
BROS. PUD Lots 1 to 23 of Martin Brothers PUD — Amended Plat; being a part of Section
12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado PUDF21-
0001," recorded in the Office of the Weld County Clerk and Recorder on April 5, 2023, at
Reception Number 4890807, be, and hereby is modified to state, "Weld County is
responsible for the maintenance of the roads within PUDF21-0001.")
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lot Owners 1 to 23 of Martin Brothers PUD, Attn: William Buxton (Lot 6) 4345
Elizabeth Street, Brighton, Colorado 80603, and Attn: Mark Brandt (Lot 10) 17583 Clara Lee
Street, Brighton, Colorado 80603, for a Site Specific Development Plan and 2nd Amended
Planned Unit Development Final Plan, PUDF21-0001, to modify the conditionally approved PUD
(S-249) with R-1 (Low -Density Residential) Uses to PUD with R-1 (Low -Density Residential) and
A (Agricultural) Uses allowed as a Use by Right, Accessory Use, and Uses allowed by permit in
subdivisions and historic townsites, on the following described real estate, being more particularly
described as follows:
Lots 1 to 23 of Martin Brothers PUD - Amended Plat;
being part of Section 12, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by William Buxton and Mark
Brant, property owners of the PUD, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
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Carly KopPesClerk and Recorder, Weld County CO
11111
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APPL•, APPL• REP.
oS/,5/23
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted PUD Final Plan materials are in compliance with the application
requirements and review procedure per Section 27-7-30 and Section 27-7-40 of
the Weld County Code.
2. The submitted PUD Final Plan materials are in compliance with the intent of the
PUD Change of Zone Conceptual Development Guide application and all
applicable County regulations per Section 27-7-40.D of the Weld County Code as
follows:
A. Section 27-7-40.D.1 — The proposal is consistent with Chapter 19
Coordinated Planning Agreements, Chapter 22 Comprehensive Plan,
Chapter 23 Zoning, and Chapter 24 Subdivisions of the Weld County Code.
1) Section 22-2-30.C.2 states: "Harmonize development with
surrounding land uses. 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 subject PUD Final Plan amendment will be modifying
the uses within the PUD to allow for less intensive uses allowed in
the A (Agricultural) Zone District. This request will not affect the
compatibility of the PUD with existing surrounding land uses. The
PUD is appropriate in this area as it is located nearby two large
residential subdivisions with Buffalo Ridge Estates directly to the
west and Martin Subdivision and Sunny Acres to the south. The
PUD is also north and east of numerous residences on Recorded
Exemptions lots.
2) Section 22-2-30.C.4 states: "Harmonize development with
surrounding land uses. Require privately maintained rights -of -way
to have recorded maintenance agreements to ensure adequate
access." The rights -of -way and roadways to access the PUD have
already been dedicated and built and no other on -site or off -site
improvements are required to accommodate the requested
amendment. No drainage or utility easements are proposed to be
removed or changed.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27 , Article II, of the Weld County Code. The proposed
amended 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. The allowance of specific low intensity A (Agricultural)
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 PrdrIPWWWWINila litI W'rX II
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 3
uses in combination with the current R-1 (Low Density Residential) uses
within Martin Estates PUD will change the uses allowed under the original
PUD.
C. Section 27-7-40.D.3 — The uses which will be permitted will be compatible
with the existing or future development of the surrounding area, as
permitted by the existing Zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The PUD is not located within the 3 -mile referral
area of a municipality or County. The Weld County Comprehensive Plan
designates this existing platted subdivision area as urban and non -urban
mix. The subject PUD is not located within any Coordinated Planning
Agreement (CPA) boundaries or Urban Growth Boundaries (UGB) of a
municipality. The Weld County Department of Planning Services sent
notice to 67 surrounding property owners of which 48 are located outside
of the subdivision and are within 500 feet of the proposed PUD
amendment. Planning staff did not receive any correspondence or
telephone calls of inquiry regarding this proposal.
D. Section 27-7-40.D.4 — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II the Weld County Code.
The application has satisfied Chapter 27, Article II, Section 27-2-170 and
Section 27-2-176 of the Weld County Code in regard to water and sewer
provisions. In the State of Colorado, Division of Water Resources, letter,
dated August 18, 2021, and provided in the PUD Final Plan application
referral, the Division states: "According to the information provided, and the
records available in the State Engineer's Office, the following wells are
located on the subject parcels. The wells must operate in accordance with
the terms and conditions on the well permits. The referral noted that Lot 18
is vacant, Lot 20 is required to submit a well construction report and Lot 22
is required to submit a Well abandonment Report for the replacement well."
Sewer will be provided by individual On -site Wastewater Treatment
Systems (OWTS).
E. Section 27-7-40.D.5 — 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. The existing residential lots in the PUD utilize existing publicly
maintained internal paved roads (Clara Lee Street and Elizabeth Street are
paved roads). Clara Lee Street, which serves Lots 22, 20, 18 (future), 7, 8,
9, 10, 11, 12, 13, 14 and 15, accesses directly onto County Road 37
(paved). Elizabeth Street, which serves Lots 6, 16, 5, and 17 accesses onto
County Road 10 (paved). Argie Street, Martin Street, and Sunrise Lane are
gravel roads. Argie Street which serves Lots 2, 3 and 4 accesses off of
Elizabeth Street (paved). Martin Street which serves Lot 19 accesses
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII WMPRO,I KIOME Af:1itiltilnii iikiti 1I 111
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PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
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directly onto County Road 10 (paved). Sunrise Lane which serves Lot 21
accesses directly onto County Road 10 (paved), Lot 1 is accessed from
County Road 10 (paved), and all roads are located in unincorporated Weld
County.
F. Section 27-7-40.D.6 — An Improvements and Road Maintenance
Agreement is not required, because all of the streets and roads within
PUDF21-0001 are maintained by Weld County.
G. Section 27-7-40.D.7 — 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 an Airport Overlay, Special
Flood Hazard Area, Geological Hazard Overlay District or Municipal
Separate Storm Sewer System (MS4) Area. A review of the property for a
viable commercial mineral deposit for Martin Estates PUD was reviewed
under the Change of Zone land use application (Z-414). There do not
appear to be any active oil and gas operations, mining or mineral resource
extraction within the PUD. Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-7-40.D.8 — If compatibility exists between the proposed uses
and criteria listed in the development guide, and the Final Plan exactly
conforms to the development guide. The PUD Final Plan uses are
compatible and conform with the criteria listed in the Conceptual
Developmental Guide. The expansion of uses within the PUD does not
impact the Conceptual Development Guide or the original Final Plan
application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lot Owners 1 to 23 of Martin Brothers PUD, for a Site
Specific Development Plan and 2nd Amended Planned Unit Development Final Plan,
PUDF21-0001, to modify the conditionally approved PUD (S-249) with R-1 (Low -Density
Residential) Uses to PUD with R-1 (Low -Density Residential) and A (Agricultural) Uses allowed
as a Use by Right, Accessory Use, and Uses allowed by permit in subdivisions and historic
townsites, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the State of
Colorado Division of Water Resources, as stated in the referral response
dated August 18, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 5
B. The applicant shall attempt to address the requirements (concerns) of
United Power, Inc., as stated in the referral response dated September 13,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit updated copies of the Martin Estates PUD
Declaration of Covenants, Conditions and Restrictions for review by the
Weld County Attorney's Office, stipulating the following selected
A (Agricultural) uses, per the application materials:
1) Per Chapter 23, Article III, Section 23-3-45, Selected uses allowed
by right in subdivisions and historic townsites:
D.
FARMING and GARDENING including STRUCTURES for storage of agricultural equipment
and agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK
I.
One (1) SINGLE-FAMILY DWELLING
2) Per Chapter 23, Article III, Section 23-3-50, Selected accessory
uses in subdivisions and historic townsites:
B.
G.
One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT,
or Two (2) cargo containers of twenty (20) feet in length each, not to exceed forty (40) feet total
in length
STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45.
3) Per Chapter 23, Article III, Section 23-3-55, Selected uses allowed
by permit in subdivisions and historic townsites:
B.
AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the
Department of Planning Services to ensure the USE complies with the definition in Section
23-1-90 of this Code.
Upon approval, the applicant shall submit the Declaration and the
appropriate recording fee ($13.00 for the first page and $5.00 for each
additional page) to the Department of Planning Services for recording.
D. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDF21-0001.
2) The PUD Final Plan plat shall be prepared in accordance with
Section 27-9-20 of the Weld County Code.
3) The PUD Final Plan plat shall utilize the Lot Line Adjustment Plat
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Carly Koppes, Clerk and Recorder, Weld County , CO
all Pan K 4 MV'A KAII II
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 6
Certificates Letters A, B and D as located in Appendix 24-F of the
Weld County Code.
4) The applicant shall show and label all recorded easements, ditches
and rights -of -way on the map by book and page number, or
reception number as detailed on S-249.
5) Clara Lee Street and Elizabeth Street are paved roads and are
designated on the Weld County Functional Classification Map as
local roads, which require 60 feet of right-of-way. The applicant
shall delineate on the plan the existing right-of-way. All setbacks
shall be measured from the edge of the right-of-way. These roads
are maintained by Weld County.
6) Argie Street, Martin Street, and Sunrise Lane are gravel roads and
are designated on the Weld County Functional Classification Map
as local roads, which require 60 feet of right-of-way. The applicant
shall delineate on the plan the existing right-of-way. All setbacks
shall be measured from the edge of the right-of-way. These roads
are maintained by Weld County.
7) The Planned Unit Development is bounded on the east by County
Road 37. County Road 37 is a paved road and is designated on the
Weld County Functional Classification Map as a collector road,
which requires 80 feet of right-of-way. The applicant shall delineate
the future and existing right-of-way (along with the documents
creating the right-of-way) and the physical location of the road on
the plan. If the right-of-way cannot be verified it shall be dedicated
or reserved per Weld County Code. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
8) The Planned Unit Development is bounded on the south by County
Road 10. County Road 10 is a paved road and is designated on the
Weld County Functional Classification Map as a local road, which
requires 60 feet of right-of-way. The applicant shall delineate the
future and existing right-of-way (along with the documents creating
the right-of-way) and the physical location of the road on the plan.
If the right-of-way cannot be verified it shall be dedicated or
reserved, per Weld County Code. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
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Carly Koppes, Clerk and Recorder, Weld County , CO
•III KIVIIN ti's 11/4'rl1J IP MAN 11111
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 7
9) The applicant shall show and label the existing permitted access
points and the usage types (e.g., Residential).
E. The Second Amended PUD Final Plan is conditional upon the following and
that each shall be placed as notes on the 2nd Amended PUD plat prior to
recording:
1) The purpose of this 2nd Amended PUD Final Plan of Martin
Estates, PUDF21-0001 (formerly known as S-249) is to modify the
approved PUD (S-249) with R-1 (Low Density Residential) Uses to
PUD with R-1 (Low Density Residential) and A (Agricultural)
including specific selected uses allowed as a Use by Right (Section
23-3-45.D) Farming and Gardening including Structures for storage
of agricultural equipment and agricultural products and confinement
or protection of Livestock. Converted, partially dismantled,
modified, altered or refurbished manufactured homes shall not be
utilized as agriculturally exempt buildings or for the storage of
agricultural equipment or agricultural products or confinement or
protection of livestock; Section 23-3-45.1 One (1) Single -Family
Dwelling), Accessory Uses; (Section 23-3-50.B One (1) cargo
container in accordance with Section 23-4-1100 per Legal lot, or
two (2) cargo containers of 20 feet in length each, not to exceed
40 feet total in length; Section 23-3-50.G Structures and buildings
accessory to uses permitted under Section 23-3-45), and uses
allowed by permit in subdivisions and historic townsites
(Section 23-3-55.B Auxiliary Quarters, which shall require approval
of a certificate of compliance by the Department of Planning
Services to ensure the use complies with the definition
in Section 23-1-90 of this Code).
2) No commercial storage is permitted.
3) All development shall adhere to the requirements of the Fort Lupton
Fire Protection District.
4) Installation of utilities and improvements shall comply with
Section 24-9-10 of the Weld County Code.
5) Internal road improvements have been completed for the Martin
Estates PUD. No additional internal road improvements are
required under this amended PUD.
6) Water service may be obtained from an appropriately permitted
well.
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Carly Koppes, Clerk and Recorder, Weld County , CO
2022-0023
PL0936
VIII INrj«li4llii 144':IVI Vill I44JEIKilin lid II II
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 8
7) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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.
8) 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.
9) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
10) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
11) 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.
12) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) With the exception of Lot 23, which shall access onto Weld County
Road 37, and Lot 1, which shall access onto County Road 10, no
lots within the PUD shall access directly onto County Road 37 or
County Road 10.
15) Weld County is responsible for the maintenance of the roads within
PUDF 21-0001.
16) Building Permits may be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld
County: 2018 International Building Codes, 2018 International
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Carly Koppes, Clerk and Recorder, Weld County CO
lIII I rARIVICGMICZNhl1g lE43 it EE DD
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2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
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Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Plan review shall be approved, and a permit
must be issued prior to the start of construction.
17) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
18) The property owner shall be responsible for complying with the
Performance Standards and Procedures of Chapter 27, Article II
and Article VIII of the Weld County Code.
19) 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.
20) No development activity shall commence on the property, nor shall
any Building Permits be issued, until the Final Plan has been
approved and recorded.
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 Development Notes stated herein and all
applicable Weld County regulations.
22) If no construction has begun or no use established in the PUD
within three (3) years of the date of the approval of the PUD Final
Plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating
that the PUD Final Plan has not been abandoned and that the
applicant possesses the willingness and ability to continue the PUD.
The Board of County Commissioners may extend the date for
initiation of the PUD construction and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If
the Board of County Commissioners determines that conditions
supporting the original approval of the PUD Final Plan have
changed or that the landowner cannot implement the PUD Final
Plan, the Board may, after a public hearing, revoke the PUD Final
Plan and order the recorded PUD plan vacated per Section 27-8-60
of the Weld. County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
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23) The Board of County Commissioners may serve written notice upon
such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such
deficiencies of maintenance be cured within 30 days thereof. A
hearing shall be held by the Board of County Commissioners within
15 days of the issuance of such notice, setting forth the item, date,
and place of the hearing. The Board may modify the terms of the
original notice as to deficiencies and may give an extension of time
within which they shall be rectified per Section 27-8-70.A of the
Weld County Code.
24) 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. per Section 27-8-70.B of the
Weld County Code.
25) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
26) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
2. The applicant shall submit an electronic (PDF) copy of the plat for preliminary
approval to the County Department of Planning Services. Upon approval of the
PDF, the applicant shall submit a Mylar plat, along with all other documentation
required as conditions of approval. The Mylar plat shall be recorded in the office of
the County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of this Code.
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Carly Koppes, Clerk and Reoorder, Weld County , CO
•III kirdlintrilill'IMIC lifirkFikrOllet wliffiW k BIM
2022-0023
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OF MARTIN BROTHERS PUD
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3. The plat map and additional requirements shall be submitted to the Department of
Planning Services for recording within three (3) years from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. If a plat has not been recorded within three (3) years of
the date of the approval of the Planned Unit Development (PUD) Final Plan, or
within a date specified by the Board of County Commissioners, the Board may
require the landowner to appear before it and present evidence substantiating that
the PUD has not been abandoned and that the applicant possesses the willingness
and ability to record the plat. The Board of County Commissioners may extend the
date for recording the plat. If the Board determines that conditions supporting the
original approval of the PUD cannot be met, the Board may, after a public hearing,
revoke the PUD per Section 27-8-50 of the Weld County Code.
The above and foregoing Corrected Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtiwv' J,dia;e c
Weld County Clerk to the Board
BY:
APPR
ounty Attorney
Date of signature: 06(02723
Mike eman, Chair
p er L. Buckt," Pro-Tem
4Sc tt . James
Lori Saine
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Carly Koppes, Clerk and Recorder, Weld County , CO
10,111111
2022-0023
PL0936
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED PLANNED
UNIT DEVELOPMENT FINAL PLAN, PUDF21-0001, TO MODIFY THE
CONDITIONALLY APPROVED PUD (S-249) WITH R-1 (LOW -DENSITY RESIDENTIAL)
USES TO PUD WITH R-1 (LOW -DENSITY RESIDENTIAL) AND A (AGRICULTURAL)
USES ALLOWED AS A USE BY RIGHT, ACCESSORY USE, AND USES ALLOWED
BY PERMIT IN SUBDIVISIONS AND HISTORIC TOWNSITES - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lot Owners 1 to 23 of Martin Brothers PUD, Attn: William Buxton (Lot 6) 4345
Elizabeth Street, Brighton, Colorado 80603, and Attn: Mark Brandt (Lot 10) 17583 Clara Lee
Street, Brighton, Colorado 80603, for a Site Specific Development Plan and 2nd Amended
Planned Unit Development Final Plan, PUDF21-0001, to modify the conditionally approved PUD
(S-249) with R-1 (Low -Density Residential) Uses to PUD with R-1 (Low -Density Residential) and
A (Agricultural) Uses allowed as a Use by Right, Accessory Use, and Uses allowed by permit in
subdivisions and historic townsites, on the following described real estate, being more particularly
described as follows:
Lots 1 to 23 of Martin Brothers PUD - Amended Plat;
being part of Section 12, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by William Buxton and Mark
Brant, property owners of the PUD, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted PUD Final Plan materials are in compliance with the application
requirements and review procedure per Section 27-7-30 and Section 27-7-40 of
the Weld County Code.
2. The submitted PUD Final Plan materials are in compliance with the intent of the
PUD Change of Zone Conceptual Development Guide application and all
applicable County regulations per Section 27-7-40.D of the Weld County Code as
follows:
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Carly Koppas, Clark and Reoordar, Wald County , Co
11111
Cc : PLCTP/Ko), CR(3B AM)
RPPL., fRPPi- . REP.
5/3/2;2
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 2
A. Section 27-7-40.D.1 — The proposal is consistent with Chapter 19
Coordinated Planning Agreements, Chapter 22 Comprehensive Plan,
Chapter 23 Zoning, and Chapter 24 Subdivisions of the Weld County Code.
1) Section 22-2-30.C.2 states: "Harmonize development with
surrounding land uses. 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 subject PUD Final Plan amendment will be modifying
the uses within the PUD to allow for less intensive uses allowed in
the A (Agricultural) Zone District. This request will not affect the
compatibility of the PUD with existing surrounding land uses. The
PUD is appropriate in this area as it is located nearby two large
residential subdivisions with Buffalo Ridge Estates directly to the
west and Martin Subdivision and Sunny Acres to the south. The
PUD is also north and east of numerous residences on Recorded
Exemptions lots.
2) Section 22-2-30.C.4 states: "Harmonize development with
surrounding land uses. Require privately maintained rights -of -way
to have recorded maintenance agreements to ensure adequate
access." The rights -of -way and roadways to access the PUD have
already been dedicated and built and no other on -site or off -site
improvements are required to accommodate the requested
amendment. No drainage or utility easements are proposed to be
removed or changed.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27 , Article II, of the Weld County Code. The proposed
amended 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. The allowance of specific low intensity A (Agricultural)
uses in combination with the current R-1 (Low Density Residential) uses
within Martin Estates PUD will change the uses allowed under the original
PUD.
C. Section 27-7-40.D.3 — The uses which will be permitted will be compatible
with the existing or future development of the surrounding area, as
permitted by the existing Zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The PUD is not located within the 3 -mile referral
area of a municipality or County. The Weld County Comprehensive Plan
designates this existing platted subdivision area as urban and non -urban
mix. The subject PUD is not located within any Coordinated Planning
Agreement (CPA) boundaries or Urban Growth Boundaries (UGB) of a
municipality. The Weld County Department of Planning Services sent
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Carly Koppe., Clerk and Recorder, Weld County , CO
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 3
notice to 67 surrounding property owners of which 48 are located outside
of the subdivision and are within 500 feet of the proposed PUD
amendment. Planning staff did not receive any correspondence or
telephone calls of inquiry regarding this proposal.
D. Section 27-7-40.D.4 — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II the Weld County Code.
The application has satisfied Chapter 27, Article II, Section 27-2-170 and
Section 27-2-176 of the Weld County Code in regard to water and sewer
provisions. In the State of Colorado, Division of Water Resources, letter,
dated August 18, 2021, and provided in the PUD Final Plan application
referral, the Division states: "According to the information provided, and the
records available in the State Engineer's Office, the following wells are
located on the subject parcels. The wells must operate in accordance with
the terms and conditions on the well permits. The referral noted that Lot 18
is vacant, Lot 20 is required to submit a well construction report and Lot 22
is required to submit a Well abandonment Report for the replacement well."
Sewer will be provided by individual On -site Wastewater Treatment
Systems (OWTS).
E. Section 27-7-40.D.5 — 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. The existing residential lots in the PUD utilize existing publicly
maintained internal paved roads (Clara Lee Street and Elizabeth Street are
paved roads). Clara Lee Street, which serves Lots 22, 20, 18 (future), 7, 8,
9, 10, 11, 12, 13, 14 and 15, accesses directly onto County Road 37
(paved). Elizabeth Street, which serves Lots 6, 16, 5, and 17 accesses onto
County Road 10 (paved). Argie Street, Martin Street, and Sunrise Lane are
gravel roads. Argie Street which serves Lots 2, 3 and 4 accesses off of
Elizabeth Street (paved). Martin Street which serves Lot 19 accesses
directly onto County Road 10 (paved). Sunrise Lane which serves Lot 21
accesses directly onto County Road 10 (paved), Lot 1 is accessed from
County Road 10 (paved), and all roads are located in unincorporated Weld
County.
F. Section 27-7-40.D.6 — 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. An
Improvements and Road Maintenance Agreement is not required for
access onto County Roads 10 and 37.
G. Section 27-7-40.D.7 — 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
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Carly Koppel, Clark and Recorder, Weld County , Co
VIII 1 P11L'Y4iallirrillINIIII IKtr r nklif411C 11111
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 4
subject site. The PUD is not located within an Airport Overlay, Special
Flood Hazard Area, Geological Hazard Overlay District or Municipal
Separate Storm Sewer System (MS4) Area. A review of the property for a
viable commercial mineral deposit for Martin Estates PUD was reviewed
under the Change of Zone land use application (Z-414). There do not
appear to be any active oil and gas operations, mining or mineral resource
extraction within the PUD. Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-7-40.D.8 — If compatibility exists between the proposed uses
and criteria listed in the development guide, and the Final Plan exactly
conforms to the development guide. The PUD Final Plan uses are
compatible and conform with the criteria listed in the Conceptual
Developmental Guide. The expansion of uses within the PUD does not
impact the Conceptual Development Guide or the original Final Plan
application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lot Owners 1 to 23 of Martin Brothers PUD, for a Site
Specific Development Plan and 2nd Amended Planned Unit Development Final Plan,
PUDF21-0001, to modify the conditionally approved PUD (S-249) with R-1 (Low -Density
Residential) Uses to PUD with R-1 (Low -Density Residential) and A (Agricultural) Uses allowed
as a Use by Right, Accessory Use, and Uses allowed by permit in subdivisions and historic
townsites, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the State of
Colorado Division of Water Resources, as stated in the referral response
dated August 18, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements (concerns) of
United Power, Inc., as stated in the referral response dated September 13,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit updated copies of the Martin Estates PUD
Declaration of Covenants, Conditions and Restrictions for review by the
Weld County Attorney's Office, stipulating the following selected
A (Agricultural) uses, per the application materials:
1) Per Chapter 23, Article III, Section 23-3-45, Selected uses allowed
by right in subdivisions and historic townsites:
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Carly Ropes., Clerk and Recorder, Weld County , CO
ulll MilAnigilegilitlit lidirrellikliiiiirillilligii WNh IN
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 5
D.
FARMING and GARDENING including STRUCTURES for storage of agricultural equipment
and agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK
I.
One (1) SINGLE-FAMILY DWELLING
2) Per Chapter 23, Article III, Section 23-3-50, Selected accessory
uses in subdivisions and historic townsites:
B
One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT,
or Two (2) cargo containers of twenty (20) feet in length each, not to exceed forty (40) feet total
in length
G.
STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45.
3) Per Chapter 23, Article III, Section 23-3-55, Selected uses allowed
by permit in subdivisions and historic townsites:
B.
AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the
Department of Planning Services to ensure the USE complies with the definition in Section
23-1-90 of this Code.
Upon approval, the applicant shall submit the Declaration and the
appropriate recording fee ($13.00 for the first page and $5.00 for each
additional page) to the Department of Planning Services for recording.
D. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDF21-0001.
2) The PUD Final Plan plat shall be prepared in accordance with
Section 27-9-20 of the Weld County Code.
3) The PUD Final Plan plat shall utilize the Lot Line Adjustment Plat
Certificates Letters A, B and D as located in Appendix 24-F of the
Weld County Code.
4) The applicant shall show and label all recorded easements, ditches
and rights -of -way on the map by book and page number, or
reception number as detailed on S-249.
5) Clara Lee Street and Elizabeth Street are paved roads and are
designated on the Weld County Functional Classification Map as
local roads, which require 60 feet of right-of-way. The applicant
shall delineate on the plan the existing right-of-way. All setbacks
shall be measured from the edge of the right-of-way. This road is
not maintained by Weld County.
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Carly Kodoes, Clerk and Recorder, Weld County , Co
1111IFJEZIIP'114P.60i'MII.Vihil:d V, II hi' Amii 101
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 6
6) Argie Street, Martin Street, and Sunrise Lane are gravel roads and
are designated on the Weld County Functional Classification Map
as local roads, which require 60 feet of right-of-way. The applicant
shall delineate on the plan the existing right-of-way. All setbacks
shall be measured from the edge of the right-of-way. This road is
not maintained by Weld County.
7) The Planned Unit Development is bounded on the east by County
Road 37. County Road 37 is a paved road and is designated on the
Weld County Functional Classification Map as a collector road,
which requires 80 feet of right-of-way. The applicant shall delineate
the future and existing right-of-way (along with the documents
creating the right-of-way) and the physical location of the road on
the plan. If the right-of-way cannot be verified it shall be dedicated
or reserved per Weld County Code. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
8) The Planned Unit Development is bounded on the south by County
Road 10. County Road 10 is a paved road and is designated on the
Weld County Functional Classification Map as a local road, which
requires 60 feet of right-of-way. The applicant shall delineate the
future and existing right-of-way (along with the documents creating
the right-of-way) and the physical location of the road on the plan.
If the right-of-way cannot be verified it shall be dedicated or
reserved, per Weld County Code. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
9) The applicant shall show and label the existing permitted access
points and the usage types (e.g., Residential).
E. The Second Amended PUD Final Plan is conditional upon the following and
that each shall be placed as notes on the 2nd Amended PUD plat prior to
recording:
1) The purpose of this 2nd Amended PUD Final Plan of Martin
Estates, PUDF21- 0001 (formerly known as S-249) is to modify the
approved PUD (S-249) with R-1 (Low Density Residential) Uses to
PUD with R-1 (Low Density Residential) and A (Agricultural)
including specific selected uses allowed as a Use by Right (Section
23-3-45.D) Farming and Gardening including Structures for storage
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Carly Kappa., Clark and Recorder, Wald County , CO
2022-0023
PL0936
VIII IKIIIIII IMIFI CIN 1.0:111M f?vfligliV4 Ill II
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 7
of agricultural equipment and agricultural products and confinement
or protection of Livestock. Converted, partially dismantled,
modified, altered or refurbished manufactured homes shall not be
utilized as agriculturally exempt buildings or for the storage of
agricultural equipment or agricultural products or confinement or
protection of livestock; Section 23-3-45.1 One (1) Single -Family
Dwelling), Accessory Uses; (Section 23-3-50.6 One (1) cargo
container in accordance with Section 23-4-1100 per Legal lot, or
two (2) cargo containers of 20 feet in length each, not to exceed
40 feet total in length; Section 23-3-50.G Structures and buildings
accessory to uses permitted under Section 23-3-45), and uses
allowed by permit in subdivisions and historic townsites
(Section 23-3-55.B Auxiliary Quarters, which shall require approval
of a certificate of compliance by the Department of Planning
Services to ensure the use complies with the definition
in Section 23-1-90 of this Code).
2) No commercial storage is permitted.
3) All development shall adhere to the requirements of the Fort Lupton
Fire Protection District.
4) Installation of utilities and improvements shall comply with
Section 24-9-10 of the Weld County Code.
5) Internal road improvements have been completed for the Martin
Estates PUD. No additional internal road improvements are
required under this amended PUD.
6) Water service may be obtained from an appropriately permitted
well.
7) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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.
8) 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.
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Carly Koppas, Clerk and Recorder, Weld County , CO
2022-0023
PL0936
1111 INFJPNI lIAhi
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 8
9) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
10) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
11) 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.
12) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) With the exception of Lot 23, which shall access onto Weld County
Road 37, and Lot 1, which shall access onto County Road 10, no
lots within the PUD shall access directly onto County Road 37 or
County Road 10.
15) Weld County is not responsible for the maintenance of on -site
subdivision roads.
16) Building Permits may be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld
County: 2018 International Building Codes, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Plan review shall be approved, and a permit
must be issued prior to the start of construction.
17) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
18) The property owner shall be responsible for complying with the
Performance Standards and Procedures of Chapter 27, Article II
and Article VIII of the Weld County Code.
19) The site shall maintain compliance, at all times, with the
requirements of the Weld County Department of Public Works,
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Carly Koppes, Clark and Recorder, Weld County , CO
lilt NII. lMNIVIA'c ialAll'ININ!bi'R'%l i 'I III II
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 9
Public Health and Environment, Planning Services and all
applicable Weld County regulations.
20) No development activity shall commence on the property, nor shall
any Building Permits be issued, until the Final Plan has been
approved and recorded.
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 Development Notes stated herein and all
applicable Weld County regulations.
22) If no construction has begun or no use established in the PUD
within three (3) years of the date of the approval of the PUD Final
Plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating
that the PUD Final Plan has not been abandoned and that the
applicant possesses the willingness and ability to continue the PUD.
The Board of County Commissioners may extend the date for
initiation of the PUD construction and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If
the Board of County Commissioners determines that conditions
supporting the original approval of the PUD Final Plan have
changed or that the landowner cannot implement the PUD Final
Plan, the Board may, after a public hearing, revoke the PUD Final
Plan and order the recorded PUD plan vacated per Section 27-8-60
of the Weld County Code.
23) The Board of County Commissioners may serve written notice upon
such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such
deficiencies of maintenance be cured within 30 days thereof. A
hearing shall be held by the Board of County Commissioners within
15 days of the issuance of such notice, setting forth the item, date,
and place of the hearing. The Board may modify the terms of the
original notice as to deficiencies and may give an extension of time
within which they shall be rectified per Section 27-8-70.A of the
Weld County Code.
24) 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. per Section 27-8-70.6 of the
Weld County Code.
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Carly Koppaa, Clerk and Recorder, Weld County , CO
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 10
25) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
26) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
2. The applicant shall submit an electronic (PDF) copy of the plat for preliminary
approval to the County Department of Planning Services. Upon approval of the
PDF, the applicant shall submit a Mylar plat, along with all other documentation
required as conditions of approval. The Mylar plat shall be recorded in the office of
the County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of this Code.
3. The plat map and additional requirements shall be submitted to the Department of
Planning Services for recording within three (3) years from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. If a plat has not been recorded within three (3) years of
the date of the approval of the Planned Unit Development (PUD) Final Plan, or
within a date specified by the Board of County Commissioners, the Board may
require the landowner to appear before it and present evidence substantiating that
the PUD has not been abandoned and that the applicant possesses the willingness
and ability to record the plat. The Board of County Commissioners may extend the
date for recording the plat. If the Board determines that conditions supporting the
original approval of the PUD cannot be met, the Board may, after a public hearing,
revoke the PUD per Section 27-8-50 of the Weld County Code.
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Carly Koppel, Clark and Recorder, Weld County , CO
11111 MMW:14/11N1 L4 kCWi 11111
2022-0023
PL0936
2ND AMENDED PLANNED UNIT DEVELOPMENT (PUDF21-0001) - LOT OWNERS 1 TO 23
OF MARTIN BROTHERS PUD
PAGE 11
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL OUNTy, COLORADO
ATTEST: detatov &tic ..,,C.L4o;(1
Weld County Clerk to the Board
Coun y Attorney
Date of signature: O
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Carly KopPaa, Clark and Reoordar, Wald County CO
"Ill
Sco K. James, Chair
2022-0023
PL0936
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