HomeMy WebLinkAbout20220028.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE
DATE: August 16, 2021
SUBJECT: PUDF21-0001 Martin Brothers PUD AM S-249
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS:
Parcel: Parcels associated with S-249 Martin Brothers PUD AM located at CR 37 at CR 10
The project proposes to: A Site Specific Development Plan and 2nd Amended Planned Unit Development
Final Plan, PUD21-0001, 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.
ACCESS:
Weld County Public Works has reviewed the application materials related to access.
The lots associated with Martin Brothers PUD AM S-249 have existing accesses onto Martin Street, Sunrise
Lane, Clara Lee Street, Elizabeth Street, and Argie Street.
No other accesses are requested.
ROADS AND RIGHT-OF-WAY:
Clara Lee Street and Elizabeth Street are paved roads and are designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The
applicant shall delineate on the plan the future and existing 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.
Argie Street, Martin Street, and Sunrise Lane are gravel roads and are designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-
way. The applicant shall delineate on the plan the future and existing 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.
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 (Code Ordinance 2017-01) 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 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.
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 (Code Ordinance 2017-01) 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 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.
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/public works/permits!.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
CONDITIONS OF APPROVAL:
The plan shall be amended to delineate the following:
Clara Lee Street and Elizabeth Street are paved roads and are designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 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. (Department of Public Works)
2. Argie Street, Martin Street, and Sunrise Lane are gravel roads and are designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 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. (Department of Public Works)
3. 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 (Code Ordinance
2017-01) 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. (Department of Public Works)
4. 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 (Code Ordinance
2017-01) 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. (Department of Public Works)
5. Show and label the existing permitted access points and the usage types (e.g. Residential).
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of
Public Works)
2. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Department of
Public Works)
3. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department
of Public Works)
5. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
c u rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: August 23, 2021
Re: PUDF21-0001 Multiple Owners within the Martin Brothers PUD
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and 2nd Amended Planned Unit Development Final Plan, PUD21-
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.
Individual wells provide water and on -site wastewater treatment systems provide sewer.
Environmental Health Services has no objections to adding agricultural uses to the
PUD.
We recommend the following appear as notes on the amended final plat:
1. Water service may be obtained from an appropriately permitted well.
2. 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.
3. 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.
Health Administration Public Health & Environmental Health
Vital Records Clinical Services Services
Icic: 9/U 304 6410 Ice: 9:0 304 6420 Tele: 970-304-6415
Fax: 9/0-301-6412 Fax: 5 i 0-301-64 1 6 Fax. 970-304-641
Communication, Emergency Preparedness
Education & Planning g Response
Tele: 970-.304-6470 Tele: 970-304-6470
Fax: 970-304-6452 Fax: 970-304-6452
Public Health
MEMORANDUM
To: Kim Ogle, Principal Planner August 11, 2021
From: Bethany Pascoe, Zoning Compliance Officer
Subject: PUDF21-0001 Referral
Prior to submittal of this Planned Unit Development (PU DF21-0001) application, 3 Zoning Violations were
submitted.
• ZCV20-00205 @ 17543 Clara Lee St (Property Owner = Castillo, Jose).
Complaint: Animal Units and Commercial Vehicle.
Mr. Castillo removed the excess animal units and the impermissible Commercial Vehicle. The
Violation case was closed.
• ZCV20-00242 @ 17723 Clara Lee St (Property Owner = Quezada, Felipe).
Complaint: Animal Units.
Mr. Quezada's case is currently open. He explained that he currently has 3 horses.
• ZCV20-00241 @ 17583 Clara Lee St (Property Owner = Brandt, Mark).
Complaint: Cargo Containers & too many horses.
I could not validate the claim regarding too many horses, but the cargo containers are present.
This violation remains open.
Approval of this application will provide additional options for the above open violations either to be
brought immediately into compliance or to submit building permit applications and thus correcting the
violation.
Denial of this application will require the current property owners of Martin PUD to meet the R-1
(Residential) standards as initially permitted.
These Violations have NOT been forwarded to the County Attorney's Office.
Staff has no comment for or against this PUDF request.
SERVICE. TEAMWORK. INTEGRITY. QUALITY
Submit by Email
Weld County Referral
August 11, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: Multiple Owners within the Case Number: PUDF21-0001
the Martin Brothers PUD
Please Reply By: September 8, 2021 Planner: Kim Ogle
Project: A Site Specific Development Plan and 2nd Amended Planned Unit Development Final Plan,
PUD21-0001, 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.
Parcel Number: Multiple Parcels
Legal: LOTS 1 TO 23 MARTIN BROS PUD -AMENDED PLAT, PART OF SECTION 12, T1 N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Location: West of and adjacent to County Road 37, north of County Road 10
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
0 We have reviewed the request and find no conflicts with our interests.
OSee attached letter.
Signature
Weld County Oil and Gas Energy Department
Agency
Date 09/08/2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency:
Weld County Department of Planning Services
Reference Number:
PUDF21-0001
Associated Parcel:
multiple parcels
OGED Reviewer:
Jennifer Teeters
Review Date:
September 7, 2021
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The surrounding parcel includes 2 active oil and gas wells, listed in Table 1 below. OGED
requests that the Applicant coordinate operations in proximity to existing wells and
production facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-39593
Kerr McGee Oil & Gas Onshore LP
STEWARD #34N-6HZ
PR
05-123-39596
Kerr McGee Oil & Gas Onshore LP
STEWARD #13C-6HZ
PR
05-123-39595
Kerr McGee Oil & Gas Onshore LP
STEWARD #13N-6HZ
SI
05-123-39594
Kerr McGee Oil & Gas Onshore LP
STEWARD #35C-6HZ
PR
05-123-39589
Kerr McGee Oil & Gas Onshore LP
STEWARD #35N-6HZ
PR
05-123-39591
Kerr McGee Oil & Gas Onshore LP
STEWARD #14C-6HZ
PR
05-123-39592
Kerr McGee Oil & Gas Onshore LP
STEWARD #14N-6HZ
PR
05-123-39590
Kerr McGee Oil & Gas Onshore LP
STEWARD #36C-6HZ
PR
05-123-39597
Kerr McGee Oil & Gas Onshore LP
STEWARD #36N-6HZ
PR
05-123-46247
Kerr McGee Oil & Gas Onshore LP
VERDE #13-7HZ
PR
05-123-46256
Kerr McGee Oil & Gas Onshore LP
VERDE #13-8HZ
PR
05-123-46252
Kerr McGee Oil & Gas Onshore LP
VERDE #13-9HZ
PR
05-123-46254
Kerr McGee Oil & Gas Onshore LP
VERDE #13-10HZ
PR
05-123-46248
Kerr McGee Oil & Gas Onshore LP
VERDE #13-11HZ
PR
05-123-46255
Kerr McGee Oil & Gas Onshore LP
VERDE #13-12HZX
PR
05-123-46250
Kerr McGee Oil & Gas Onshore LP
VERDE #13-13HZ
PR
05-123-46251
Kerr McGee Oil & Gas Onshore LP
VERDE #13-14HZ
PR
05-123-46253
Kerr McGee Oil & Gas Onshore LP
VERDE #13-15HZ
PR
05-123-46257
Kerr McGee Oil & Gas Onshore LP
VERDE #13-16HZ
PR
05-123-46249
Kerr McGee Oil & Gas Onshore LP
VERDE #13-17HZ
PR
05-123-46258
Kerr McGee Oil & Gas Onshore LP
VERDE #13-18HZ
PR
3. The surrounding parcels include two (2) plugged and abandoned (P&A) well listed in Table 2
below. Additional information regarding this P&A well is available from the Colorado Oil and
Gas Conservation Commission (COGCC). OGED recommends that the Applicant review this
information and contact the responsible operator regarding well infrastructure that may have
been abandoned in place prior to conducting operations in close proximity to the wells.
Table 2.
API
Operator
Well Title
Well Status
05-123-23174
Kerr McGee Oil & Gas Onshore LP
PILKINGTON #31-13D
PA
05-123-23711
Kerr McGee Oil & Gas Onshore LP
PILKINGTON #41-13D
PA
4. The PUD lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
H
Your Touchstone Energy' Cooperative At
September 13, 2021
Weld County Planning Dept.
1555 N. 17th Ave
Greeley, CO 80631
(970)-440-6100
(970)-304-6498 fax
Re: Martin Bros. PUD Amendment
Dear Kim Ogle:
On behalf of United Power, Inc., thank you for inviting us to review and comment on the Martin Bros. PUD Amendment. After review of the
information, we have the following comments:
• Lot Distribution — United Power requires continuous dry utility easements for reliable electric facility installation. This allows us to
install electric facilities in a continuous manner for our loop feed which provides reliability. We will needs' to 10' wide dry utility
easements where the 5' UE's are in the screenshot below, due to the fact 5' does not give us enough room in between lots with the fence.
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Easements utilized by United Power cannot be encumbered by any hard surfaces such as streets or sidewalks. Although the
roadways/tracts on the plat are dedicated to utilities, we have above ground equipment that cannot be placed within these areas.
In addition, sidewalks take away from the use of the easement & reduces the area, limiting where our equipment can be placed.
• Streetlights— When streetlight locations are identified in a subdivision, we need a 5' wide dry utility easement along one side of the
lot closest to the streetlight location. All streetlight locations must be approved and signed off by the city/town, etc. Please note, if we do
not get these through the platting process, we will have to get individual ones during the design which will slow United Power's ability to
start construction significantly.
Please have the property owner/developer/contractor submit an application for new electric service, any modification to existing facilities
including relocation and/or removal along with CAD data via https://www.unitedpower.com/construction. United Power would like to work
with these persons early in the construction process on getting an electric design prepared so that we can request any additional easements
needed and hopefully have those easements dedicated on the plat rather than obtaining separate instrument. Obtaining easements via a
separate instrument can be time consuming and could cause delays.
UNITED POWER, INC. 500 Cooperative Way ■ Brighton. CO 80603 303-659-0551 i 800-468.8809 ■ fax 303.659-2172 www.unitedpower.com
Asa Reminder: No permanent structures are acceptable within the dry utility easement(s); such as, window wells, wing walls, retaining walls,
basement walls, roof overhang, anything affixed to the house like decks, etc. United Power considers any structure that impedes the access,
maintenance, and safety of our facilities a permanent structure. No exceptions will be allowed, and any encroachments could result in
penalties.
Service will be provided according to the rules, regulations, and policies in effect by United Power at the time service is requested. We would
like to remind the developer to call the Utility Notification Center by dialing 811 to have all utilities located prior to construction.. We look
forward to safely and efficiently providing reliable electric power and outstanding service.
Thank you,
Amber Mendoza, RWA
ROW Agent
720.249.9315 I platreferral@unitedpower.com
CCOLORADO
Division of Water Resources
Dcoartmcnt of Natural Rcscurccs
August 18, 2021
Kim Ogle, Planner
Weld County Department of Planning Services
Transmission via email: koglec weldgov.com
Re: Martin Brothers PUD
Case No. PUDF21-0001
Lots 1 to 23 Martin Bros PUD in part of Sec. 12, T1 N, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Kim Ogle:
We have received your August 11, 2021 submittal concerning the above referenced proposal for a
site specific development plan and 2" d amended planned unit development final plan to modify the
conditionally approved PUD with R-1. Based on the referral information the request is the result of
several violations within the subdivision as described in the October 28, 2020 letter from Weld
County.
This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums
to county planning directors, this office will only perform a cursory review of the referral
information and provide informal comments. The comments do not address the adequacy of the
water supply plan for this project or the ability of the water supply plan to satisfy any County
regulations or requirements. In addition, the comments provided herein cannot be used to guarantee
a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability
of water.
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.
Lot 1 - 178352-A
Lot 2- 183859
Lot 3- 175808
Lot4- - 179045
LotS- - 193296
Lot6- - 172398
Lot7- - 179265
Lot8- - 174771
Lot 9- 203510
Lot 10 - 175652
Lot 11 - 175331
Lot 12 - 185084
Lot 13- 176362
Lot 14- 184997
Lot 15- 175243
Lot 16- 174772
tti :
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water I I
Jared Polls, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director „
PUDF21-0001 Page 2 of 2
August 18, 2021
Lot 17- 199535
Lot 18- none
Lot 19- 185249
Lot 20 - 180758 was issued for the lot, however we have not received a well construction report for
the well. If a well was constructed under permit no. 180758 then a well construction report
showing the well was constructed during the period when the permit was valid must be
submitted to the State Engineers Office.
Lot 21 - 186182
Lot 22 - 159324-A - This well was constructed as a replacement for well 159324. Condition 3 of well
permit no. 159324-A required that well 159324 be plugged in accordance with Rule 16 of
the Water Well Construction Rules within ninety days of completion of the new well. Our
office has not received evidence that well 159324 was plugged as required. The well owner
must provide a Well Abandonment Report (form GWS-09) to our office to demonstrate that
the well was plugged in accordance with the Water Well Construction Rules.
Lot 23 - 204458
If you or the applicant have any questions, please contact me on at 303-866-3581 x8265 or at
Joanna.Williams@state.co.us.
Sincerely,
Ir
1 u4
Joanha Williams, P.E.
Water Resources Engineer
Ec: Referral no. 28825
Permit files
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