The URL can be used to link to this page

Browse Search

Home My WebLink About20260536 Draft Resolution Grant Planned Unit Development Final Plan Amendment, PUDF25-0001, (formerly known as S-511) to expand the building Envelope on Lot 3 of the Peaks at Mtn View PUD — Terra Paul and Noelle Moyers 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, a public hearing was held on the 18th day of March, 2026, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Terra Paul and Noelle Moyers, 1625 Peak Lane, Erie, Colorado 80516, requesting a Planned Unit Development Final Plan Amendment, PUDF25-0001, (formerly known as S-511) to expand the building envelope on Lot 3 of the Peaks at Mtn View PUD, for a parcel of land located on the following described real estate, to-wit: Lot 3 of Peaks at Mtn View; being part of Section 5, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, the applicant was present/represented at said hearing by [Representative], [Representative Address], and Whereas, Section 27-3-10 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 the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-2-30.B of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 27-2-10.J as follows: A. Section 27-2-10.J.1 — Maintain compatibility within the PUD and to adjacent surrounding uses. The PUD amendment is a request to increase the size of the building envelope in order to build an agricultural building on a part of the lot that is outside of the building envelope. There are five (5) lots, ranging in size between 4.7 acres and 8.6 acres. Each lot has a building envelope. The envelope on the subject property is one and two-tenths (1.2) acre in size and the request to expand this building envelope by approximately 21,876 square feet (0.5 acres) will not affect the compatibility of the PUD with existing surrounding land uses. The building envelope will be approximately 190 feet from the residence to the south, but the Department 2026-0536 PL2995 Planned Unit Development Final Plan Amendment, PUDF25-0001 — Terra Paul and Noelle Moyers Page 2 - Draft of Planning Services has received no correspondence on the case from that property owner or any other property owner. B. Section 27-2-10.J.2 — Be in general conformity with the Comprehensive Plan found in Chapter 22 of the Weld County Code and any County- approved future development plans for the area. 1) Section 22-2-30.A.2 states: "Limit the density and intensity of development to maintain agricultural areas." There are five (5) lots, each greater than 4.7 acres in size, with a total density of 0.15 dwelling units/acres (DU/AC). The density will have a slight increase with the expansion of this building envelope. C. Section 27-2-10.J.3 — Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral agency or mineral interest. The PUD is located within the three (3)-mile referral areas of the Towns of Dacono, Erie, and Frederick. The Town of Erie returned a referral agency response, dated January 2, 2026, indicating no conflict with their interests. The Towns of Dacono and Frederick did not return referral agency comments. D. Section 27-2-10.J.4 — Comply with the standards detailed in Section 27-2-10, Chapter 27, Article III, and Chapter 24, Article III, of the Weld County Code. The expansion of this building envelope is not a significant change to the PUD. This PUD modification will continue to comply with Section 27-2-10. E. Section 27-2-10.J.5 — Be consistent with the efficient development and preservation of the entire PUD. The PUD amendment is a request to increase the size of the building envelope in order to build an agricultural building on a part of the lot that is outside the building envelope. The expansion of this building envelope from one and two-tenths (1.2) acre to approximately one and seven-tenths (1.7) acres will not affect efficient development and preservation of the entire PUD. F. Section 27-2-10.J.6 — Not affect in a substantially adverse manner either the enjoyment of land abutting or across a street from the PUD or the public interest. The PUD is located about one-half (0.5) mile south of State Highway 52. This subdivision is surrounded by three (3) subdivisions of similar character, Highview Ranch PUD, Summit at Mountain View, and Carmacar Ranchettes. There are also a few Recorded Exemption lots in the area. The cul-de-sac, Peak Lane, provides access to all five (5) lots of the 2026-0536 PL2995 Planned Unit Development Final Plan Amendment, PUDF25-0001 — Terra Paul and Noelle Moyers Page 3 - Draft subject PUD. The expansion of the building envelope will not affect the properties across the street (Peak Lane or State Highway 52) or the public interest. G. Section 27-2-10.J.7 — Not be granted solely to confer a special benefit upon any person. The PUD is in harmony with surrounding land uses as the original configuration of Peaks at Mtn View PUD (S-511) lots is not changing. The expansion of the building envelope by approximately 21,876 square-feet opens an additional portion of the lot for construction of outbuildings or additions to the single-family residence. The Department of Planning Services did not receive any responses from neighboring properties through the referral process. The property to the south of the subject property of this application expanded their building envelope, via PUDF24-0005, approved on February 19, 2025, at Reception Number#5036322. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Terra Paul and Noelle Moyers for a Planned Unit Development Final Plan Amendment, PUDF25-0001, (formerly known as S-511) to expand the building Envelope on Lot 3 of the Peaks at Mtn View PUD, on the above referenced parcel of land, be, and hereby is, granted, subject to the following conditions: 1. The Planned Unit Development Plat shall delineate the following: A. The plat shall be labeled PUDF25-0001. B. The applicant shall adhere to the plat requirements in preparation of the plat, per Section 27-2-30.B.6 of the Weld County Code. C. All utility easements shall conform to Section 24-3-60 of the Weld County Code and adhere to the requirements of the Weld County Code. D. 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. E. The Planned Unit Development Final Plat shall utilize Plat Certificates A, D, and F, as located in Appendix 24-A of the Weld County Code. Remove reference to Minor Subdivision and replace with Planned Unit Development. F. Peak Lane is a gravel cul-de-sac road that lies within a 60-foot right-of-way (65' radius within the bulb) dedicated with, "The Peaks @ MTN View Final Plat Map (Reception Number#2762590)". The applicant shall delineate and 2026-0536 PL2995 Planned Unit Development Final Plan Amendment, PUDF25-0001 — Terra Paul and Noelle Moyers Page 4 - Draft label on the plat the existing right-of-way (along with its creating documents) and the physical location of the road. G. Fir Avenue 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. Delineate and label the existing right-of-way (along with its creating document), the existing access, and the physical location of the road. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. H. The following notes shall be delineated on the Planned Unit Development Final Plat: 1) The purpose of Planned Unit Development Final Plan Amendment, PUDF25-0001, is to expand the size of the building envelope on Lot 3. 2) The Planned Unit Development shall consist of five (5) Estate zoned lots and common open space. The Planned Unit Development Ordinance allows for Estate Uses, which shall comply with the Estate Zone District requirements. The common open space shall be owned and maintained by the Homeowners association. 3) 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. 4) The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 5) There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 6) The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. 7) Water service for each lot shall be provided by the Left Hand Water District. 2026-0536 PL2995 Planned Unit Development Final Plan Amendment, PUDF25-0001 — Terra Paul and Noelle Moyers Page 5 - Draft 8) A Weld County Septic Permit is required for each proposed home septic system and be installed according to the Weld County Individual Sewage Disposal regulations. 9) Installation of utilities shall comply with Section 24-3-60 of the Weld County Code. 10) Outdoor storage shall be screened from public rights-of-way and adjacent properties. 11) In the event that five (5) or more acres are disturbed during the construction or development of the site, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 12) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 13) In accordance with the regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. 14) Any signage located on the property shall require Building Permits and shall adhere to Section 23-4-60, Division 2 of the Weld County Code. 15) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services. 16) 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. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant 2026-0536 PL2995 Planned Unit Development Final Plan Amendment, PUDF25-0001 — Terra Paul and Noelle Moyers Page 6 - Draft 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. The Mylar plat and additional requirements 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) or Final Plan Amendment, 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. 3. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final Plat Amendment not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution or Planning Department approval, a $50.00 recording continuance fee shall be added for each additional three (3)-month period. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 18th day of March, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0536 PL2995 Hello