HomeMy WebLinkAbout20260537 186L 'r
PLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
COUNTY, CO
Planner: Matthew VanEyll Hearing Date: March 18, 2026
Case Number: PUDF25-0001
Owners: Terra Paul and Noelle Moyers
1625 Peak Lane, Erie, CO 80516
Request: Amendment to the Peaks at Mtn View PUD (S-511) to expand the building envelope on
Lot 3
Legal: Lot 3 of the Peaks at Mtn View PUD (S-511); being part of Section 5, Ti N, R68W of the
6th P.M., Weld County, Colorado
Location: West of and adjacent to Peak Lane and approximately 0.5 miles south of HWY 52
Total Acres: +/- 5.32 acres Parcel Number: 1467-05-4-05-003
The review criteria for this Final Plan are listed in Section 27-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Colorado Division of Water Resources, referral dated January 2, 2026
➢ Weld County Department of Planning Services—Development Review, referral dated February 3, 2026
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Erie, referral dated January 2, 2026
➢ City of Dacono, referral dated February 18, 2026
➢ Left Hand Water District, referral dated January 16, 2026
➢ Mountain View Fire Protection District, referral dated January 6, 2026
➢ Weld County Oil and Gas Energy Department, referral dated January 7, 2026
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Boulder County
➢ Town of Frederick
➢ Weld County Sheriff's Office
➢ Colorado Parks and Wildlife
➢ Weld County School District RE-1J
➢ Boulder Valley Conservation District
PUDF25-0001 —Paul and Moyers
Page 1 of 5
CASE SUMMARY:
The applicant is requesting the expansion of the building envelope on the subject property. The house is
located within the building envelope, and the applicant seeks to build an agricultural building located outside
of the building envelope, which requires the building envelope to be removed or expanded.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-2-30.B of
the Weld County Code.
2. The request is in conformance with Section 27-2-10.J of the Weld County Code, 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 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 is 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 of Planning Services has received no
correspondence on this case from this 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 this Code and any County-approved future development plans for the area.
Section 22-2-30.A.2-"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. And 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 this Section 27-2-10, Article Ill of this
Chapter, and Article Ill of Chapter 24 of this Code.
The expansion of this building envelope is not a significant change to the PUD. This PUD will
continue to comply with Section 27-2-10 if the modification of this building envelope is approved.
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 about 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.
PUDF25-0001 —Paul and Moyers
Page 2 of 5
The PUD is located about one-half(0.5) mile south of 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 subject PUD. The expansion of the building
envelope will not affect the properties across the street (Peak Lane or HWY 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 about 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 with an application, PUDF24-0005,
approved on February 19, 2025, reception number 5036322.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. The Planned Unit Development Plat shall delineate the following:
A. The plat shall be labeled PUDF25-0001. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
D. Show and label all recorded easements, ditches and rights-of-way on the map by book and page
number or reception number. (Department of Planning Services)
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. (Department of Planning Services)
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 label on the plat the existing right-of-way (along with its creating
documents)and the physical location of the road. (Development Review)
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 right-of-way.This road is maintained by Weld County.
(Development Review)
H. The following notes shall be delineated on the Planned Unit Development Final Plat:
1) The purpose of this 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) Estates 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. (Department of Planning Services)
PUDF25-0001 —Paul and Moyers
Page 3 of 5
3) 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)
4) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking. (Development Review)
5) There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized. (Development Review)
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. (Development Review)
7) Water service shall be provided by Left Hand Water District for each lot. (Department of
Planning Services)
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. (Department
of Planning Services)
9) Installation of utilities shall comply with Section 24-3-60 of the Weld County Code. (Department
of Planning Services)
10) Outdoor storage shall be screened from public rights-of-way, and adjacent properties.
(Department of Planning Services)
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. (Department
of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
15) The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health, and Planning Services. (Department of Planning
Services)
16) 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
PUDF25-0001 —Paul and Moyers
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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 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,sandburs, 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.
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 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) change of zone or 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.
3. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final
Plat 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 3-month period.
PUDF25-0001 —Paul and Moyers
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