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Case Number
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT FINAL PLAN
Kim Ogle
PUDF21-0001
Owners: Kent and Elizabeth Dreher
James and Elizabeth Wray
Wade and Karen Frarck
Blake Focken
Christopher and Elizabeth Corrette
William and Karen Buxton
Rodney and Christine Howell
Michael and Cherie McGowan
Jose F. Grado Castillo
Mark and Patricia Brandt
John and Earlene Susan Pfister
Monica and Felipe Quezada
Michael Yanker
Terry and Leslie Williams
Sharon and Darrell Pettijohn
Marilyn and Mike Deal
Patricia and Tracy Plog
Ruby Morton and Darrell Pettijohn
Shane and Keeley Essig
Darrell and Sharon Pettijohn
Terry and Kirk Lovell
Jose Luis and Teresa Barrutia
Sunrise Living Trust
Hearing Date: TBD
Representative: William Buxton, Mark Brandt - Resident's and Property owners
Request: First Amended Planned Unit Development Final Plan, PUDF21-0001, 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, Accessory Use, and uses allowed by permit in
subdivisions and historic townsites
Legal: Lot 1 through Lot 23 Martin Estates PUD (S-249); being a part of the S2 of Section
12, Township 1 North, Range 66 West of the 6th P.M., Weld County, CO
Location: Generally located west of and adjacent to County Road 37, north of County Road
10, east of the Speer Canal
Total Acres: 123 acres +1-
PUDF21-0001
Martin Estates PUD
Page 1
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIAL
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated August 11, 2021
Weld County Department of Development Review, referral dated August 16, 2021
Colorado Division of Water Resources, referral dated August 18, 2021
Weld County Department of Public Health and Environment, referral dated August 23, 2021
United Power, Inc., referral dated September 13, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
v Weld County Department of Building Inspection, referral dated August 18, 2021
v Weld School District RE -8, referral dated September 1, 2021
v Farmers Reservoir and Irrigation Company, referral dated September 1, 2021
v Speer Canal, referral dated September 1, 2021
v Weld County Oil and Gas Energy Department, referral dated September 8, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Fort Lupton Fire Protection District
Weld County Assessor's Office
Brighton Post Office
y Century Link
PUDF21-0001
Martin Estates PUD
Page 2
Planner:
Case Number:
Owners:
Representative
PUD FINAL PLAN
ADMINISTRATIVE RECOMMENDATION
Kim Ogle
PUDF21-0001
Hearing Date: TBD
Twenty-two (22) property owners on twenty-three (23) Lots
William Buxton, Mark Brandt - Resident's and Property owners
Request: First Amended Planned Unit Development Final Plan, PUDF21-0001, 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, Accessory Use, and uses allowed by permit in
subdivisions and historic townsites
Legal:
Lot 1 through Lot 23 Martin Estates PUD (S-249); being a part of the S2 of Section
12, Township 1 North, Range 66 West of the 6th P.M., Weld County, CO
Location:
Generally located West
of and adjacent
to County Road 37, north of County Road
10, East of the Speer Canal
Total Acres:
123 acres +1 -
Parcel #
Situs Address
Acres
Property Owner
Lot #
147112403001
17601 County Road10
5.032
Kent and Elizabeth Dreher
1
147112403002
17636 Argie Street
5.011
James and Elizabeth Wray
2
147112403003
17576 Argie Street
5.032
Wade and Karen Frarck
3
147112403004
17575 Argie Street
5.004
Blake Focken
4
147112403005
4255 Elizabeth Street
5.003
Christopher and Elizabeth Corrette
5
147112403006
4345 Elizabeth Street
5.000
William and Karen Buxton
6
147112403007
17594 Clara Lee Street
5.004
Rodney and Christine Howell
7
147112403008
17544 Clara Lee Street
5.000
Michael and Cherie McGowan
8
147112403009
17543 Clara Lee Street
5.540
Jose F. Grado Castillo
9
147112403010
17583 Clara Lee Street
5.275
Mark and Patricia Brandt
10
147112403011
17653 Clara Lee Street
5.008
John and Earlene Susan Pfister
11
147112403012
17723 Clara Lee Street
5.008
Monica and Felipe Quezada
12
147112403013
17803 Clara Lee Street
5.000
Michael Yanker
13
147112403014
17883 Clara Lee Street
4.999
Terry and Leslie Williams
14
147112403015
17963 Clara lee Street
5.000
Sharon and Darrell Pettijohn
15
147112403016
4366 Elizabeth Street
5.395
Marilyn and Mike Deal
16
147112403017
4256 Elizabeth Street
5.390
Patricia and Tracy Plog
17
147112403018
Not Assigned
5.570
Ruby Morton and Darrell Pettijohn
18
147112403019
4146 Martin Street
4.944
Shane and Keeley Essig
19
147112403020
17894 Clara Lee Street
5.570
Darrell and Sharon Pettijohn
20
147112403021
4147 Sunrise Lane
5.566
Terry and Kirk Lovell
21
147112403022
17952 Clara Lee Street
5.570
Jose Luis and Teresa Barrutia
22
147112403023
4211 County Road 37
5.570
Sunrise Living Trust
23
PUDF21-0001
Martin Estates PUD
Page 3
Case Summary:
Per the application materials, the subject First Amended Planned Unit Development Final Plan, PUDF21-
0001, requests to modify 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,
Accessory Use, and uses allowed by permit in subdivisions and historic townsites. PUDF21-0001 is an
amendment to PUD Final Plan S-249, recorded April 5, 1989, reception #2175539.
Martin Estates PUD contains twenty-three (23) residential lots zoned PUD (Planned Unit Development)
with R-1 (Low Density Residential) Zone District uses by right as approved by the Board of County
Commissioners on December 26, 1984 and recorded September 11, 1985, reception #2024452. All
twenty-three (23) lots are included in the amendment. The development is largely built -out with single
family residences.
The applicant has indicated that the PUD is intended to provide for agricultural uses on large lots that is
not currently allowed based on the approved 1984 Change of Zone request and subsequent resolution.
This modification, if approved will enable property owners to address current zoning violations including
animal units, commercial vehicles and storage containers, and allow greater flexibility in use of the land
more in line with uses of the A (Agricultural) Zone District. No other changes or improvements to the PUD
are requested with this amendment. The necessary fire protection, road, water infrastructure and utility
and drainage easements are already in place to serve the PUD.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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.C. of the Weld County Code as follows:
A. Section 27-7-40.C.1 -- The proposal is consistent with Chapters 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 — 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 22-2-22-2-30.C.2 — 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. C.2 -- 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.
PUDF21-0001
Martin Estates PUD
Page 4
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.C.3 -- 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 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 as 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 sixty-seven (67) surrounding
property owners of which forty-eight (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.C.4 -- The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Article lithe 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 Division) 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 Engineers 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.C.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) and Lot 1 is accessed from County Road 10 (paved) and all roads are located in
unincorporated Weld County.
F. Section 27-7-40. C.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.
PUDF21-0001
Martin Estates PUD
Page 5
G. Section 27-7-40.C.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 PUDwas 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. C. 8 -- If compatibility exists between the proposed uses and criteria listed in the
development guide, and the Final Plan exactly conforms to the development guide.
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.
This recommendation for approval is based upon compliance with Weld County Code Chapter 27
requirements and upon a review of the application materials submitted by the applicant, other relevant
information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall 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 (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. (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:
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
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.
PUDF21-0001
Martin Estates PUD
Page 6
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. (Department of Planning Services)
D. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDF21-0001. (Department of Planning Services)
2. The PUD Final Plan plat shall be prepared in accordance with Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
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. (Department of Planning Services)
4. 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. (Department of Planning Services)
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 right-of-way. This road is not maintained by Weld County. (Development Review)
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 right-of-way. This road is not maintained by Weld County. (Development
Review)
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 on the plan the future
and existing right-of-way (along with the documents creating the right-of-way) and the physical
location of the road. 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.
(Development Review)
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 on the plan the future
and existing right-of-way (along with the documents creating the right-of-way) and the physical
location of the road. 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.
(Development Review)
9. Show and label the existing permitted access points and the usage types (e.g. Residential).
(Development Review)
PUDF21-0001
Martin Estates PUD
Page 7
E. The Amended PUD Final Plan is conditional upon the following and that each shall be placed as
notes on the Amended PUD plat prior to recording:
1. First Amended Planned Unit Development Final Plan, PUDF21-0001, 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,
Accessory Use, and uses allowed by permit in subdivisions and historic townsites, as indicated
in the application materials on file in the Department of Planning Services and subject and
governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
2. The purpose of this 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
twenty (20) feet in length each, not to exceed forty (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).
(Department of Planning Services)
3. A Homeowner's Association shall be established. Membership in the Association is mandatory
for each parcel owner. The Association is responsible for liability insurance, taxes and
maintenance of streets. (Department of Planning Services)
4. Personal outdoor storage shall be screened from public rights -of -ways and adjacent properties.
No commercial storage is permitted. (Department of Planning Services)
5. All development shall adhere to the requirements of Fort Lupton Fire Protection District.
(Department of Planning Services)
6. Installation of utilities and improvements shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
7. Internal road improvements have been completed for Martin Estates PUD. No additional
internal road improvements are required under this amended PUD. (Department of Planning
Services)
8. Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
9. 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.
(Department of Public Health and Environment)
10. 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)
11. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
PUDF21-0001
Martin Estates PUD
Page 8
12. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Development Review)
13. Weld County will not replace overlapping easements located within existing right-of-way or pay
to relocate existing utilities within the existing County right-of-way. (Development Review)
14. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
15. 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. (Development Review)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
17. With the exception of Lot 23 which shall access onto Weld County Road 37 and Lot 1 which
shall access onto Weld County Road 10, no lots within the PUD shall access directly onto Weld
County Road 37 or Weld County Road 10. (Department of Planning Services)
18. Weld County is not responsible for the maintenance on onsite subdivision roads. (Department
of Planning Services)
19. 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 Residential
Code; 2006 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. (Department of Building Inspection)
20. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
21. 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. (Department of
Planning Services)
22. 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)
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. 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 Standards stated herein and all applicable Weld County regulations. (Department
of Planning Services)
25. 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, aftera public hearing, revoke the PUD Final Plan and order
the recorded PUD plan vacated per Section 27-8-60 of the Weld County Code. (Department of
Planning Services)
PUDF21-0001
Martin Estates PUD
Page 9
26. The Board of County Commissioners may serve written notice upon such organization or upon
the owners or residents of the PUD setting forth that the organization has failed to comply with
the PUD Final Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of
County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the
item, date and place of the hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be rectified per Section
27-8-70.A of the Weld County Code. (Department of Planning Services)
27. 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. (Department of Planning Services)
28. 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
sits 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 person moving into these
areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country
in total market value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into a rural area
must recognize and accept there are drawbacks, including conflicts with long-standing
agricultural practices and a lower level of services than in town. Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long- established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run
agricultural activities will generate off -site impacts, including noise from tractors and equipment;
slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel
roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of State and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
PUDF21-0001
Martin Estates PUD
Page 10
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
F. 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.
G. The plat map and additional requirements shall be submitted to the Department of Planning Services'
for recording within shall be recorded within three (3) years from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat
has not been recorded within three (3) years of the date of the approval of the Planned Unit
Development (PUD) Final Plan, or within a date specified by the Board of County Commissioners,
the Board may 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.
(Department of Planning Services)
PUDF21-0001
Martin Estates PUD
Page 11
July 1, 2021
Mr. Mark Brandt
17583 Clara Lee Street
Brighton, Colorado 80603
Mr. William Buxton
4345 Elizabeth Street
Brighton, Colorado 80603
Subject: Martin Bros PUD Requested Uses
Dear Messrs. Brandt and Buxton,
DEPARTMENT OF PLANNING SERVICES
1555 North 17TH Avenue, Greeley, CO 80631
Telephone: 970.400.3549
Electronic Mail: kogle(c�weldgov.com
sent via email: mark.brandt(cbteamice-co.com
sent via email: wmbuxton57(c�gmail.com
The Department of Planning Services held a conference call with Mr. Brandt on Wednesday June 30,
2021 to discuss the points raised in the June 21, 2021 letter, specific to the plat notes as previously
presented and the requested uses to be allowed in the development. There was agreement that many
of the plat notes were better addressed in a CCRs (Codes, Covenants and Restrictions) document for the
use of each Martin Bros PUD community property owner(s).
In addition, planning staff reviewed the uses allowed by right, accessory uses and uses allowed by permit
in the A (Agricultural) Zone District as additional uses requested for inclusion for the development. Per
discussion, the agreed uses are:
Chapter 23, Article III, Division 1, Section 23-3-45 Uses allowed by right in subdivisions and historic
townsites.
No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter
be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in
SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES
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.
One (1) SINGLE-FAMILY DWELLING per LEGAL LOT.
Chapter 23, Article III, Division 1, Section 23-3-50 Accessory uses allowed in subdivisions and historic
townsites.
B. One (1) CARGO CONTAINER per LEGAL LOT. Planning Department Note: A cargo container may
be up to forty (40) feet in length. The request is to allow one (1) forty foot in length cargo container
or two (2) twenty foot in length cargo containers. The total length of cargo containers shall not
exceed forty feet in length.
G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45
Chapter 23, Article III, Division 1, Section 23-3-55 Uses allowed by permit in subdivisions and historic
townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone
District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use
permit from the Department of Planning Services or Department of Public Health and Environment, as
applicable.
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.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental
and ACCESSORY to an allowed USE.
Chapter 23, Article III, Division 1, Section 23-3-70 addresses the Bulk Standards for the A (Agricultural)
Zone District. No change was requested, and the Bulk Standards are listed here for reference only.
B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet
from any PUBLIC RIGHT-OF-WAY.
C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT,
whichever is greater.
D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in
the table associated with the definition of ANIMAL UNITS set forth in Section 23-1-90 of this Code.
The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of
one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species.
E. 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 plugged or abandoned oil and gas well.
F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored
lights may be used which may be confused with or construed as traffic control devices.
Unless specifically eliminated by the proposed amendment to the Final Plan, all the uses are permitted
under Chapter 23, Article III, Division 2, Section 23-3-110 R-1 Low Density Residential Zone District.
The electronic link to this Division of the Weld County Code is:
https://Iibrary.municode.com/co/weld county/codes/charter and county code?nodeld=CH23ZO ARTIIIZ
ODI DIV2REZODI S23-3-110LNSREZODI
For the R-1 Low Density Zone District, please review the uses allowed by right, uses subject to a Site
Plan Review, Accessory Uses, Uses allowed by Permit and Uses allowed by Special Review and modify
as required based on the interests of the community.
As reference a Site Plan Review is an administrative land use case review process. The intent of the
Site Plan Review procedure is to provide present and future residents and users of land in the County a
means whereby orderly and harmonious development is ensured in the County. Site Plan Reviews
require additional consideration to ensure that the uses permitted are established and operated in a
manner that is compatible with existing and planned land uses in the neighborhood. The regulation of
Site Plan Reviews is designed to protect and promote the health, safety, convenience, and general
welfare of the present and future residents of the County.
The Uses allowed by Permit is typically an administrative land use zoning application but may be
forwarded to the Board of County Commissioners for consideration. A zoning permit for uses listed in
Article III of Chapter 23 as requiring issuance of a zoning permit under this Division 17 may be
approved if the use complies with the criteria. The Board of County Commissioners delegates the
authority and responsibility for processing and approving these zoning permits to the Department of
Planning Services as long as the application meets the criteria of this section and any other applicable
requirements within this Chapter 23. If the Director of Planning Services determines the application
does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he
will forward the application to the Board of County Commissioners for its review and consideration
following a public hearing.
The Uses by Special Review is a land use case with public hearings, both before the Planning
Commission (non -binding recommendation that is forwarded to the Board of County Commissioners) and
the Board of County commissioners (Binding determination). Uses by Special Review are uses which
have been determined to be more intense or to have a potentially greater impact than the Uses Allowed
by Right in a particular zone district. Therefore, Uses by Special Review require additional
consideration to ensure that they are established and operated in a manner that is compatible with
existing and planned land uses in the neighborhood. The additional consideration or regulation of Uses
by Special Review, and the application to a Use by Special Review of Performance, Design and
Operations Standards, are designed to protect and promote the health, safety, convenience and
general welfare of the present and future residents of the County.
With the final uses identified for the Martin Bros PUD to be included in the requested amendment to the
Final Plan, this office will prepare the documents for a Development Review Team final review prior to
setting the case for processing. Should there be any questions or concerns, please contact this office.
One final request, if there is a group, or a single representative for the application please so indicate who
is representing the PUD community. Future correspondence will be directed to him, she, or multiple
members as representatives for the Martin Bros PUD residential community.
Thank you for your assistance.
Sincerely,
Kim Ogle
Planning Services
File: Martin Bros. PUD Amendment
June 21, 2021
Mr. Mark Brandt
17583 Clara Lee Street
Brighton, Colorado 80603
Mr. William Buxton
4345 Elizabeth Street
Brighton, Colorado 80603
Subject: Martin Bros PUD Requested Uses
Dear Messrs. Brandt and Buxton,
DEPARTMENT OF PLANNING SERVICES
1555 North 17TH Avenue, Greeley, CO 80631
Telephone: 970.400.3549
Electronic Mail: kogle(c�weldgov.com
sent via email: mark.brandt(c�teamice-co.com
sent via email: wmbuxton57(c�gmail.com
The Department of Planning Services has reviewed the list of uses requested for the
amendment to the Martin Bros PUD, please see the enclosed snip document taken from the
.pdf of the Martin Bros PUD map
As noted on the attachment, there are several of the items in your list that would be considered
additions to the covenants associated with the PUD and would not be enforceable by the
County. Alternatively, your community may place all of the notes as outlined in your submittal
on the Final Plan and they would be enforceable by the County. Please confirm if this was your
intention.
I draw your attention to Note #21. This note appears to be obsolete as Mr. Martin has passed
and the other members of the committee do not appear to live in the community. A suggestion
would be to state that the Architectural Control Committee is comprised of Community members
of the Martin Bros. PUD as eighter volunteers, appointed or elected by a simple and super
majority of property owners. If the concept of the Architectural Control Committee is no longer
in effect, perhaps eliminate this note.
I draw your attention to Note #4 and Note #7
Is it your intention to not allow a temporary use of a structure during the construction of a
residence?
Under the current Weld County Code, a RV, Fifth Wheel or single wide mobile home may be
placed on the property with a Zoning Permit for six (6) months. This permit may be renewable
for another period of six (6) months if there is evidence that
Note #4 states no mobile homes or trailers are allowed.
Please clarify on this point
construction is making progress.
I draw your attention to Note #10 that speaks to animals
The citation states no more than 4 animals per acres.
Swine are limited to two (2) per Lot although the County Code allows for up to 20 per acre
Poultry are not restricted per Lot although the County Code allows for up to 200 per acre
Rabbits are not restricted per Lot although the County Code allows for up to 200 per acre
Is it the intent of the citation to allow only four animals of the following species: Cattle, Bison,
Mule, Ostrich, Elk, Horse, Yak, Camel, Sheep, Llama, Goat, Alpaca to occupy the property for a
total of, on average, 20 animals per lot?
Or is it the intention that an unlimited number of animals of multiple species, Cattle, Bison,
Mule, Ostrich, Elk, Horse, Yak, Camel, Sheep, Llama, Goat, Alpaca, be permitted on each lot so
long as the total number of animals does not exceed four (4). Please clarify
Does the lot need to have a residence on it to allow said use?
In the A (Agricultural) Zone district there are established limits on the number of animals allowed
per acre. Please reference Table 23.1A — Animal Units in the A (Agricultural) Zone District.
Also, there are defined Terms that are employed by this office for the regulation of animals by
species including the number of animals allowed. For instance, if the Livestock or Household
pet numbers exceed the numbers of animals allowed by right, this action will result in a
Livestock Confinement Operation or a Kennel designation on the parcel and will require
additional permitting.
The Weld County Code defines LIVESTOCK: Cattle, bison, mules, burros, llamas, ostriches,
elk, horses, swine, sheep, goats, poultry, yaks, camels and rabbits.
And a LIVESTOCK CONFINEMENT OPERATION (L.C.O.):A place of confinement for
LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where
feeding is other than grazing, and where the capacity at any one (1) time is greater than
permitted in the bulk requirements for the zoning district in which it is located. An L.C.O. may
include DAIRIES, feedlots and poultry and swine production facilities.
Should the numbers of animals allowed on property exceed the numbers allowed per Table
23.1A then the resultant is in violation of proposed Note #9
Domesticated dogs are restricted to four (4) per acre, again as in the previous statement,
if the parcel is 5 acres in area, 20 dogs would be allowed as a use by right?
The Weld County Code defines HOUSEHOLD PETS: Any nonvenomous species of reptile and
any domestic dog, domestic cat, rodent, primate or bird over the age of six (6) months;
provided that members of the order crocodilia (e.g. crocodiles, alligators, etc.), large primates,
including gorillas, orangutans, baboons, chimpanzees, members of the class Ayes,
order falcons (e.g. hawks, eagles, vultures, etc.); and animals defined as LIVESTOCK herein,
shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter,
The Weld County Code defines a KENNEL: Any place where five (5) or more HOUSEHOLD
PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two (2) or
more species, are kept or maintained.
The Animal Control Division of the Weld County Sheriffs office defines Kennel in the above
citation. Greater numbers than five (5) animals will require a Kennel USR permit. This permit
has not been identified as allowed. Please clarify.
Review of the requested uses allowed within the subdivision has been reviewed. Planning
Services has attempted to identify the uses allowed by right, the accessory uses and the uses
allowed by Zoning Permit per the Weld County Code.
Chapter 23, Article III, Division 1, Section 23-3-45 identifies the uses allowed by right in
subdivisions and historic townsites. An excerpt of this Chapter is attached for your reference
Please review the attached list of allowed uses, modify as required and return to this office for
case setup. Thank you for your assistance.
Sincerely,
Kim Ogle
Planning Services
File: Martin Bros. PUD Amendment
DEPARTMENT OF PLANNING SERVICES
Compliance Division
1555 N 17th Ave
Greeley, Co 80631
E-mail Address: bbpascoe@weldgov.com
PHONE: (970) 400-3555
55 FAX: (970) 304-6498
October 28, 2020
Dear Property Owner:
Recently, the Weld County Department of Planning Services has received several complaints
regarding multiple properties within the unincorporated Subdivision of Martin Bros PUD (Planned Unit
Development). Martin Bros PUD properties are zoned R-1 (Residential). The Weld County Code sets
forth regulations intended to protect the health, safety and welfare of the residents of Weld County and
the families of your community. This letter is being sent to all property owners within the
Subdivision.
The most common violations that are occurring within this Subdivision are as follow:
• Commercial Vehicles: Commercial Vehicles are not permissible within the R-1 (Residential)
Zone District. Commercial Vehicles would include, but are not limited to semi-trucks/trailers,
dump trucks, etc. (Definitions are listed on next page)
• Livestock - Animal Units: Because your property is Zoned R-1 (Residential), the number of
livestock are considerably lower than any other Zone district. Each lot is allowed a maximum
number of 2 animal units per legal lot. Please see the R-1 animal chart on the next page.
• Noncommercial Junkyard: This may consist of inoperable vehicles or vehicles without current
license plates, used car parts, used building materials, scrap metals, plastic, tires, other
wood, trash and other types of debris. Since your property is zoned R-1 (Residential),
these items are not allowed, Screening would not correct the violation.
• Occupied camperltrailer-RV's and accessory structures: Camper/trailer- RV's and
accessory structures, such as sheds and or garages, cannot be utilized for occupancy
purposes. These units must be vacated immediately and the camper/trailer-RV's must also be
compact and disconnected from anylall utilities.
• Cargo Container: These structures are not allowed in the R-1 (Residential) Zone District and
shall be removed from the property.
Thank you in advance for your cooperation in this matter. Should you have any questions regarding this
letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule
an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Pascoe
Zoning Compliance Officer 1111
R-1 Zone District
2 AU allowed per lot
Amount
Total AU
fraction
=1 AU
= 2 AUs
Cattle
0
0
1
1
2
Horse
0
0
1
1
2
Swine
0
1
1
2
Llama
0
0.5
2
4
Alpaca
0
0.5
2
4
Sheep
0
0.2
5
10
Goat
0
0.2
5
10
Poultry
0
0.02
50
100
Rabbit
0
0.02
50
100
l otal: I UI
COMMERCIAL VEHICLE: Any vehicle used or previously used COMMERCIALLY, excluding those USES
listed by right in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited
to, semi -tractors and SEMI -TRAILERS, dump trucks, construction equipment, box trucks, tow trucks, and
vehicles such as taxis and ride -sharing vehicles USED to transport passengers for a fee. A COMMERCIAL
VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a
storage unit, unless the USE is allowed through the zone district. For the purposes of enforcement, two -axle
passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which could be utilized in everyday
personal transport, and which are used COMMERCIALLY, such as but not limited to taxis, ride -sharing
vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits
provided they are operated solely by residents thereof.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally
dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid
registration with the State, as required by C.R.S. Sections 42 4 202(4), 42-12-301 or 42-12-401, and/or the
number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section
42-3-202,; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on PUBLIC
STREET/ROAD RIGHTS OF WAY or otherwise not equipped with lamps and other equipment, as required in
C.R.S. Sections 42-4-204 to 42-2-230. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are
stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building
materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of
DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL
JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all
ADJACENT properties and PUBLIC RIGHTS -OF -WAY.
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