HomeMy WebLinkAbout992075.tiff PUD CHANGE OF
ZONE
The Peaks
Mtn View
S-468
(tka Fir Avenue PUD)
992075 I (/
PUD CHANGE OF ZONE
The Peaks @ Mtn View
TABLE OF CONTENTS
May 20, 1999
I. Letter of Transmittal
II. Application Form
III. Irrigation Ditch Agreements
IV. Certified List - Property Owners within 500 feet
V. Certified List - Mineral Owners/Leasees
VI. Change of Zone Plat
VII. Conceptual Development Guide
LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0(303)442-2428
May 20, 1999
Mr. Ben Patton
Planner
Department of Planning Services
Weld County, Colorado
1400 North 17th Avenue
Greeley, CO 80631
RE: The Peaks @ Mtn View PUD
(fka Fir Avenue PUD - S-468)
Dear Mr. Patton:
Enclosed, herewith, is a PUD Change of Zone Application and associated submittals for"The
Peaks @ Mtn View" which was submitted in Sketch Plan form last summer. The submittal was
known at that time as the Fir Avenue PUD - S-468 and requested 8 lots.
Per correspondence of September 28, 1998, you noted that since the proposed development was
of urban scale and not located within any municipality's Comprehensive Plan that "Staff will not
recommend approval of future applications unless the proposal is scaled back to 5 lots."
Upon consideration of Staff's comments and review of Weld County's Comprehensive Plan, PUD
& Subdivision Ordinances, this Application has been down sized accordingly to 5 lots.
Consideration is respectfully requested under Section 5 of the Weld County PUD
Ordinance 197.
Also enclosed is a check in the amount of$2,021.00 for application fees and plat recording costs.
A Conceptual Development Guide has been prepared which obviously must be further refined into
Specific form with the Final Plan and Plat processes.
Thank you for your recent advise and for your consideration and review of this PUD. Please call
me at 303-442-2428 should questions arise.
Sincerely,
Linn TLeeburg '
Agent
1/
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY
Case Number Application Fee:
Zoning District Receipt Number _
Date Application Checked By:
Planner Assigned to Case:
To SE COMPLETED 3Y THE APPLICANT: (Print or type only except for required signatures).
/ (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PU0 rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: Lm+R 44-1 E -also;P4 G c t Sr f`, S: ! ri/I Re6Z;)
(If additional space is required, attach an additionai sheet of this same size or a copy of the deed`,
PARCEL NUMBER: L A 2_D 4—Y. O O o O (12 digit number-found on TAX i.D. or obtained at the Assessor's
Office)
NAME OF PROPOSED PUD SUBDIVISION 7'4ie/iak Min y/ea, ( F/rive Pill))
s- am
EXISTING ZONING r-�'r f/.�..�/ PROPOSED ZONING A's//n /lr;e/ CS/4 P<1'D)
TOTAL ACREAGE '9t9.,O/>/ t OVERLAY DISTRICTS /Vane.
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual)
Con ceth I
PROPERTY OWNERS OF AREA PROPOSED FOR PUG? REZONING:
NAME 71;/n 4 /PwS N// PHONE -34011 99a -≥ 7
ADDRESS ,1 S 7 /e/er' R/I9'„0(4,--ye7,___e_zIgizzaziit co,
a rrd r1t NAME bie, frf 7 Z9 Xvs Se /r PHONE 5;4/77/'
ADDRESS Orin e .
lirlde,"64 f1' el- s karPRL./4/'/7l ?b 0oiler Co go3dZ
APPLICANT OR AUTHORIZED A9ENT fit different than above"), 3o `3 `71V/-3199
NAME L,Iran E p ur
ADDRESS 9 /-law-il.or XvP L3d..,JIN i Co r PAP 34"Y
HOME TELEPHONE "30 '3 !i/yz 2.(x41 BUSINESS TELEPHONE -3 O 3 —III z-ai/i
V agent is different from the property owner, please submit written documentation from the property owner authorizing
said agent to represent the owner.
Signature:�. per'�fhhorized Agent
('Z, .1 h /
s"`zd*If
s
557 Rider Ridge Drive
Longmont, Colorado 80501
April28, 1999
TO WHOM IT MAY CONCERN:
I am
Please be advised that.u"rave designating Mr. Linn T. Leeburg, dba burg&
Msociates, 707 Hawthorn, Boulder, CO 80304(303-442-2428), as eth agent to represent
se in the Planned Unit Development application for the"The Peaks @ Mountain View"
aka Fir Avenue PUD). I have a contract with the owners, Tom L and*
The PUD is top be located in Lot B, SE,""A, S5, R68W, TIN, Weld County, Colorado.
You may contact us at the above address or Ms. Karen Libin, 703 Walnut Street, Boulder,
CO 80302 (303-444-3177).
Very truly yours,
Tom L. Russell Margar " I. Russell
Karen L' in
Margaret Russell to purchase the property . The owners _
agree to cooperate in obtaining approval of the PUD in ways
necessary as may be required by the county.
The Peaks @ Mtn View
III. IRRIGATION DITCH ISSUES
May 20, 1999
Following are copies of correspondence relative to issues and impacts surrounding the planned
PUD and its relationship with the Erie Coal Creek Ditch & Reservoir Company, Inc. (ECC). In
summary:
• The PUD will have negligible impact on ECC and ECC will have negligible impact on The
Peaks @ Mtn View PUD.
• A"Letter of Recognition" or"Easement Agreement" will be executed between ECC and
the parcel owners (and their heirs and assigns) which acknowledges an historic easement
for maintenance of the main ditch along the south side of the planned PUD.
• No development on or near the ECC ditch is planned and no crossings are planned.
• ECC will not oppose abandonment and removal of two unused irrigation laterals which
traverse the parcel, and it appears no other parties oppose same.
LEEBURG & ASSOCIATES
707 Hawthorn Avenue o Suite 207 0 Boulder, CO 80304 0 (303)442-2428
May 10, 1999
Mr. Robert M. Bulthaup
Erie Coal Creek Ditch & Reservoir Company, Inc.
5976 South Leyden Streeet
Englewood, CO 80111
SUBJECT: Proposed "The Peaks @ Mtn View" PUD (fka Fir Avenue PUD), Part of the SE
1/4 of S5, R68W, T1N, Weld County, Colorado
Dear Mr. Bulthaup:
I am in receipt of your letter of April 2 (May 2?), 1999 that responded to my inquiries dated April
27, 1999 regarding ECC's (Ditch Company) ditch in the SE 1/4, S5, T1N, R68W of Weld
County, Colorado on a property currently owned by Tom L. and Margaret I. Russell (Owners).
Thank you for your timely response to that inquiry.
Per your suggestion, enclosed is a"Letter of Recognition" signed by the Owners, acknowledging
an historical easement for maintenance of the ditch. Kindly review, and if acceptable to ECC,
have signed and returned to me at your earliest convenience. It is desirable to submit the "Letter"
with a PUD Change of Zone Application to Weld County on May 20, 1999.
Please call if questions arise. Thank you for your response.
Sincerely,
Linn T. Leebtirg
cc: Ms. Karen Libin
Mr. and Mrs. Tom Russell
LE 1 1 ER OF RECOGNITION
This Letter of Recognition is to be effective the 1S`day of June, 1999, between the Erie
Coal Creek Ditch and Reservoir Company, Inc. (ECC), (hereinafter termed Ditch Company) and
Tom L. Russell and Margaret I. Russell, (hereinafter termed Owners)
WITNESSETH
The Ditch Company has operated and maintained a ditch known as the Erie Coal Creek
Ditch, a portion of which crosses a 40.016± acre parcel of land in the SE 1/4, S5, T1N, R68W of
Weld County, Colorado, known as Lot B of Recorded Exemption RE-2150 (Parcel No.
146705400007 in the Weld County Assessors Office).
The Owners desire to sell the foregoing parcel and a purchaser intends to subdivide,
develop and sell lots consistent with the Planned Unit Development (PUD) Processes of Weld
County. The Planned PUD will be known as "The Peaks @ Mtn View." A total of 5 lots are
anticipated, bounded by perimeter open space, a portion of which will be coincident with and
adjacent to the alignment of the Ditch Company's ditch which runs along the southwesterly and
southerly boundaries of the parcel. No development on or near the ditch is planned and no
crossings are anticipated.
NOW THEREFORE, it is mutually agreed as follows:
1. The Owners hereby acknowledge that the Ditch Company has operated a ditch on
the foregoing parcel for some years.
2. The Owners, hereby acknowledge an historic maintenance easement to ECC of not
more than fifty (50) feet on the west side, northwest side, north side and northeast
side of the centerline of the Erie Coal Creek Ditch and of not more than twenty-
five (25) feet on the east side, southeast side, south side and southwest side of the
centerline of the Erie Coal Creek Ditch.
3. The Ditch Company shall be responsible for the maintenance of the ditch and
maintenance travel way within the historic easement and allowed reasonable access
to perform necessary maintenance functions by the Owners and their successors
and assigns.
4. The Declaration of Covenants, Conditions and Restrictions (CCR's) for"The
Peaks @ Mtn View" shall identify the provisions of this "Letter of Recognition."
5. The Ditch Company shall not oppose the abandonment and removal of two
apparently unused ditch laterals traversing the western half of the parcel in a north-
northwesterly direction.
Dated this day of , 1999:
Ditch Company:
Erie Coal Creek Ditch and Reservoir Company, Inc.
By Attest:
President
By Secretary
Vice President
By
Secretary/Treasurer
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999, as President of The Erie Coal Creek Ditch and Reservoir Company,
Inc.
Witness my hand and official seal.
My Commission expires:
Notary Public
Letter of Recognition Page 2
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999, as Vice President of The Erie Coal Creek Ditch and Reservoir
Company, Inc.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1999, as Secretary/Treasurer of The Erie Coal Creek Ditch and Reservoir
Company, Inc.
Witness my hand and official seal.
My Commission expires:
Notary Public
Letter of Recognition Page 3
Dated this day of , 1999:
Owners:
By
Tom L. Russell
By
Margaret I. Russell
STATE OF COLORADO
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1999, by Tom L. Russell.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999, by Margaret I. Russell.
Witness my hand and official seal.
My Commission expires:
Notary Public
Letter of Recognition Page 4
Linn T. Leeburg
Leeburg and Associates
707 Hawthorne Ave
Suite 207
Boulder,CO 80304
April 2, 1999
Dear Linn,
I am in receipt of your letter of April 27, 1999 regarding"The Peaks @ Mountain View" (Owners)and the
Erie Coal Creek Ditch and Reservoir Company (ECC). This letter will provide responds to questions you
raised.
Is a formal Easement Agreement appropriate for execution at this time?
I don't think that we would need a formal agreement, but rather a letter of recognition by the owners of the
historical easement of 50 feet on the down side and 25 feet on the high side for maintenance of the ditch.
What provisions would Erie Coal Creek Ditch and Reservoir Company suggest for the owners'review?
We would suggest the following: ECC would continue to be responsible for the maintenance of the ditch
and would not require Owners to do any maintenance work. ECC would be allowed access to its easement
for such maintenance. Owners would make purchasers of lots aware of the easement and periodic
maintenance activities on the ditch. Owners would agree not to create any crossing of the ditch. We are
opposed to equestrian/walkways that would use the ditch banks due to liability considerations. However,
we would consider such access upon satisfactory liability coverage being secured by the Owners.
Can the two laterals be abandoned and removed?
We are not aware of any water rights that would be effected the removal of these laterals. Therefore we
are not opposed to having them abandoned and removed.
If not, do the locations need to be described(i.e. surveyed)and easements executed.?
See above.
Are you aware of any other parties that might be involved or have interests in the ditch issues discussed
foregoing?
No.
Are there any other issues that should be considered?
No.
I will be traveling on business for most of the next two weeks. Please feel free to contact my assistant
Donna Clarke at 303-741-5900 if you would like to speak about issues this may raise, nu SSv/l (C.—
7 �9 /
K f Ov/m
Sincerely, e("14 t et
aDA
A
J•J(1✓/ !are 627c S,�5�`fc � r� �
I 1
�tDW pP
Robert M. Bulthaup yi,
Secretary, Erie Coal Creek Ditch and Reservoir Company
LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0 (303)442-2428
Apri127, 1999
Mr. Robert M. Bulthaup
Erie Coal Creek Ditch &Reservoir Company, Inc.
5976 South Leyden Streeet
Englewood, CO 80111
SUBJECT: Proposed"The Peaks @ Mountain View"PUD (fka Fir Avenue PUD), Part of the
SE 1/4 of S5, R68W, T1N, Weld County, Colorado
Dear Mr. Bulthaup:
Thank you for your responsiveness to my recent telephone inquiries and for the
information relative to Erie Coal Creek's relationship with the Northridge Development. These
materials have provided an insight into Erie Coal Creek's crossing requirements and easement
provisions.
The undersigned is serving as agent for the owners of a 40.16 acre parcel known as Lot B
of Recorded Exemption RE-2150 located immediately west of Carmacar Ranchettes in Weld
County, Colorado. The owners desire to subdivide said parcel into 5 lots and are pursuing same
through the Weld County Planning processes. Approval is anticipated in late summer of 1999.
The subject parcel encompasses portions of the Erie Coal Creek Ditch along the
southwesterly and southerly boundaries of the property. In addition, two ditch laterals traverse
the western half of the parcel in a north/northwesterly direction. The laterals parallel one another
with the westerly lateral being unlined and in some disrepair with little evidence of use. The
lateral essentially"peters out"at the west edge of the property.
The easterly lateral is concrete lined and appears in adequate repair, but again with little
evidence of recent use. It exits the property at the northwest corner of the site and continues
northward and eventually easterly.
A sketch is included for your review. Please note, it is not to scale and does not
necessarily accurately reflect ditch lateral locations nor the lot boundaries. It is simply a very
rough schematic provided for information purposes.
Mr. Robert M. Buithaup
Erie Coal Creek Ditch &Reservoir Company, Inc.
Apri127, 1999
Page 2
The sketch and Recorded Exemption Plat indicate the ditch along the south side of the
parcel is"Cottonwood Extention Ditch," but I believe you told me on April 151° that that is a
misnomer and the ditch is actually the Erie Coal Creek.
Nonetheless, in the course of development of the site, no crossings of and no development
near the ditch are planned at this time. Common space coincident with the ditch would be
included in the proposed PUD's open space set-aside. An equestrian/walking pathway is planned
around the perimeter of the property and could include access to the ditch maintenance travelway
if a mutually acceptable arrangement between Erie Coal Creek and the owners can be structured.
In lieu of that, a fence could be installed to restrict equestrian access to the travelway directly
from the subject parcel and provide a suitable buffer from the ditch/watercourse edge. We need
your advise on this issue.
Further, the owners desire to see the two aforementioned laterals abandoned in order to
minimize site constraints and provide maximum flexibility for lot usage by future home owners.
The following questions are respectfully brought forth for Erie Coal Creek's consideration
and response:
• Is a formal Easement Agreement appropriate for execution at this time?
• What provisions would Erie Coal Creek Ditch and Reservoir Company suggest for
the owners' review?
• Can the two laterals be abandoned and removed?
• If not, do the locations need to be described (i.e., surveyed) and easements
executed?
• Are you aware of any other parties that might be involved or have interests in the
ditch issues discussed foregoing?
• Are there any other issues that should be considered?
In the interests of mutual understanding and clarity as to design and cost requirements, I
would appreciate any written response you may be able to offer at your earliest convenience.
Mr. Robert M. Bulthaup
Erie Coal Creek Ditch & Reservoir Company, Inc.
April 27, 1999
Page 3
Again, thank you for your professionalism and courtesy.
Sincerely,
Linn T. Lee burg
bcc: Ms. Karen Libin
Mr. and Mrs. Tom Russell
Mr. Ken Rollin
The Peaks @ Mtn View
(fka Fir Avenue PUD)
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
The Development
The Peaks @ Mtn View is a Planned Unit Development (PUD) in southwestern Weld
County, Colorado approximately 2 miles northeast of the Town of Erie. The 40 plus acre
equestrian oriented project will offer 5 highly desirable residential building sites ranging from 4.8
to 8.7 acres in size. Perimeter open space, commonly available to all lots, offers an
equestrian/pathway amenity and buffer and comprises about 7.2 acres.
This proposed low density living environment will be controlled and managed via a
Homeowners Association with an Architectural Control Committee and an appropriate
Declaration of Covenants, Conditions & Restrictions (CCR's).
The Peaks @ Mtn View is sited to afford stellar views of Longs Peak, the Indian Peaks
Wilderness and Boulder's Flatirons. Ready access to Boulder and Longmont is available from its
close proximity to Colorado Highway 52 and to Denver, Loveland, Fort Collins, Greeley via the
North I-25 corridor.
Location
Approximately one-half mile northwest of Weld County Roads 12 and 5, immediately
west of Carmacar Ranchettes. South of Colorado Highway 52 approximately one-half mile.
Size
40.016± acres with 5 lots ranging from 6.723, 6.343, 5.231, 4.808 and 8.669 acres in size
and 7.181 acres of open space (17.9%).
Legal Descripton
A portion of the SE 1/4, S5, TiN, R68W, Weld County, Colorado more particularly
known as Lot B of Recorded Exemption RE-2150.
Zoning
Present - Agricultural
Proposed - 5 Lot, Residential PUD
1
Utilities & Services
Water: Lefthand Water District
Sewer: Individual Septic
Gas: KN Energy
Telephone: U.S. West
Electric: United Power
School: St. Vrain Valley School District RE-1J
Fire: Mountain View Fire Protection District
Law Enforcement: Weld County Sheriff's Department
Ambulance: Tri-Area Ambulance Service
Access: Privately maintained Peak Lane to Fir Avenue to Spruce Drive or
Mountain View Street to Weld County Road 5 to Colorado
Highway 52 or Weld County Roads 8, 10 or 12 to Interstate 25.
Legal Status
The parcel is owned by Tom L. Russell and Margaret I. Russell, 557 Rider Ridge Drive,
Longmont, Colorado 80501 and is under contract for purchase by Karen Libin, 703 Walnut
Street, Boulder, CO 80302. Anticipated closing is late summer, 1999. The proposed Listing
Company for the lots at The Peaks @ Mtn View will be K L Realty, 703 Walnut Street, Boulder,
CO 80302, (303) 444-3177, with marketing planned for Fall, 1999 and sales and closings
subsequent to infrastructure development (i.e., roadway, utilities, signage, etc. and formation of
the Homeowners Association, etc.).
2
The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Following are explanatory statements addressing how the Peaks @ Mtn View will address
the following impacts:
Component One - Environmental Impacts (6.3.1)
The small scale, low density nature of the development, by definition, strives to generate
minimal environmental impacts both internally and externally.
A. Noise & Vibration (6.3.1.2.1.1):
Except during authorized construction, gardening and mowing, no offensive or
detrimental noise or vibration generating activities will be permitted that would negatively
affect lot owners or the adjacent neighbors and the general public. Control responsibility
shall lie with the Homeowners Association and/or the Architectural Control Committee.
The speed limit on Peak Lane shall not exceed 25 miles per hour.
B. Smoke, Dust &Odors (6.3.1.2.1.2):
All fireplaces will be natural gas fired or electric.
No exterior fifes (except barbeque fires within appropriate containers) shall be permitted
unless specifically authorized by the Homeowners Association and appropriate
governmental jurisdictions. No conditions which create a fire hazard or which are in
violation of fire prevention regulations shall be allowed.
Appropriate landscaping, including natural grass vegetation will be required on all lots and
open space.
Appropriate surface treatment and a 25 mph speed limit on Peak Lane will prevail to
minimized fugitive dust.
Composting of yard/animal refuse will be encouraged. Manure shall be periodically
removed or incorporated into the soil on a regular basis to mitigate odors and insect and
pest propagation. Gardening and mowing may generate some dust.
3
C. Heat, Light &Glare (6.3.1.2.1.3):
No reflective window coating, metal foil, or any substance or material which acts as a
reflector of heat or light will be allowed within the development. Any exterior lighting
installed shall be indirect or of such controlled focus or intensity as not to disturb the
residents of adjacent properties. No street lighting is planned.
D. Visual/Aesthetic Impacts (6.3.1.2.1.4):
This low density development encourages high quality construction. The perception of
individual design elements on each individual lot represent subjective values in the eye of
the beholder. Nonetheless, it is safe to say the visual character of the development will be
consistent and harmonious with all adjacent properties and represents improvement in
many cases. Weld County controls and Homeowner Association Covenants will demand
mature landscaping, underground utilities, sheltered satellite dishes and veiled storage.
Building envelopes are designed to preserve vistas and view planes internal and external to
the project. New two story residences will impact the western view somewhat from
residences in Carmacar Ranchettes. The PUD will be within site lines of a residence to the
west and of one to the north.
Architecture controls will insure congruence of finishes, colors, materials and amenities.
Building height shall not exceed 35 feet. No building, fence, barn, corral, paddock or
other permanent structure will be permitted without written approval of the Architectural
Control Committee.
No on-street parking will be allowed and all mobile equipment (including disabled),
supplies, equipment, etc. must be completely sheltered from eye level view.
Notwithstanding the foregoing; during periods of construction, not to exceed twelve (12)
months, temporary structures and equipment shall be allowed upon the individual lots, but
not on Peak Lane.
Landscaping and grasses shall be maintained and periodically mowed or grazed to present
an aesthetically appropriate presence.
Xeriscape landscaping and/or grasses will be utilized upon the open space. An eight (8)
foot wide equestrian/walking pathway will border Lots 1-5. Total open space will be
7.181 acres (17.9% of the total PUD).
A stone sign and landscaping will identify the entrance to The Peaks @ Mtn View and will
compliment the transition from Carmacar Ranchettes.
4
E. Electrical Interference (6.3.1.2.1.5):
Except for law enforcement, fire and medical service providers, garage door openers,
cellular telephones and citizen band radios, no electronic or radio transmitters will be
allowed on the site.
F. Water Pollution (6.3.1.2.1.6):
No wells for the production of water, oil or natural gas shall be dug or operated within the
development except upon the authorization of the Homeowners Association and the
appropriate governmental jurisdictions.
No mining occurs presently, nor is anticipated in the future.
G. Waste Water Disposal (6.3.1.2.1.7):
The site slopes slightly from southwest to northeast at 2 to 5% grade. Storm water runoff
coefficients will increase very slightly from current non-irrigated agricultural uses because
of residential and ancillary development on the 5 lots and installation of a gravel surfaced
roadway (Peak Lane). No storm water retainage basin will be required. Runoff will
largely be absorbed by the soils with minor runoff migrating to the existing earthen borrow
ditch along the west side of Fir Avenue.
Sewage disposal will be via individual septic systems on the respective lots.
H. Wetland Removal (6.3.1.2.1.8):
No wetlands exist on the site.
Erosion & Sedimentation (6.3.1.2.1.9):
Landscaping and natural grasses will minimize wind and sheet water erosion. Negligible
sedimentation in the Fir Avenue borrow ditch is expected.
J. Excavating, Filling & Grading (6.3.1.2.1.10):
The site is very flat. Two existing abandoned, shallow irrigation laterals, one of which is
concrete lined, will be removed and/or filled. Minor filling and grading associated with
construction of Peak Avenue will occur.
Normal excavation associated with home/outbuilding construction, septic systems,
equestrian pathways, the access road and underground utilities is expected. Surplus spoil
will be stockpiled and/or reused for landscaping.
5
K. Drilling, Ditching or Dredging (6.3.1.2.1.11):
See F and J. above. Normal soils drilling and testing associated with foundation and septic
design and construction will be required. No dredging will occur. Ditching for the
installation of underground utilities will be required and joint trench installations will be
encouraged.
L. Air Pollution (6.3.1.2.1.12):
See B, J and K above.
M. Solid Waste (6.3.1.2.1.13):
See B and G above. Construction and household solid waste removal will be via private
waste removal service providers, contractors or lot owners.
N. Wildlife Removal (6.3.1.2.1.14):
Not required. Native grasses will be planted on the open space to provide habitat for
small mammals and birds. Sturdy, tightly closed containers for household refuse will be
mandated by the CC&R's to rebuff pests.
O. Natural Vegetation Removal (6.3.1.2.1.15):
Negligible—all vegetation being either agricultural products or weeds and grasses.
P. Radiation/Radioactive Removal (6.3.1.2.1.16):
None, however, radon mitigation measures will be considered relative to home design and
construction.
Q. Drinking Water Source (6.3.1.2.1.17):
Potable water will be supplied by Left Hand Water District. See Development Guide,
Component Two - Service Provision Impacts, (6.3.1.2.1.9), following.
R. Traffic Impacts (6.3.1.2.1.18):
See Development Guide, Component Two - Service Provision Impacts (6.6.2.2.1.6),
following.
6
The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Two - Service Provision Impacts (6.3.2)
A. Schools (6.3.2.2.1.1):
The PUD lies within the St. Vrain Valley School District, RE1J. Students will attend Erie
Elementary School or the Erie Middle/Senior High Schools. Potential area growth could
eventually mandate attendance elsewhere per St. Vrain Valley School District letter of
September 2, 1998.
The District's impact formula results in an additional 3.3 students incidental to this 5 lot
project.
An agreement will be executed with the School District which will include a"cash-in lieu
of land dedication fee" of$427 per lot, payable either by the developer or owners prior to
building permit issuance.
Bus transportation will be required, and a waiting area away from traffic lanes will be
created at the intersection of Fir Avenue and Peak Lane.
B. Law Enforcement (6.3.2.2.1.2):
The proposed PUD will be served by the Weld County Sheriff's Department.
C. Fire Protection (6.3.2.2.1.3):
The proposed PUD will be serviced by the Mountain View Fire Protection District. Two
hydrants will be required on Peak Lane to satisfy spacing and access requirements. A Fire
Flow Field Test was performed May 11, 1999 which indicates available fire flow of 1,565
gallons per minute (gpm) at 20 psig at Weld county Road 5 and Spruce Drive. If pressure
drop calculations indicate greater than 1,500 gpm at the hydrants on Peak Lane, maximum
building size will be 4,800 gross square feet (gsf), and the structures will not be sprinkled.
Should those calculations result in less than 1,500 gpm, building sizes will be limited to
3,600 gsf or sprinkler systems will be mandated if larger.
7
D. Ambulance (6.3.2.2.1.4):
The ambulance service provider for the area is Tri-Area Ambulance Service. A formal
"Petition for Inclusion" must be tendered to Tri-Area before service can be initiated (see
attached).
E. Transportation (Circulation & Roadway) (6.3.2.2.1.5):
Access to the PUD is directly from unpaved Fir Avenue (60 feet R.O.W.) which runs
along the west side of Carmacar Ranchettes subdivision. Direct routes through Carmacar
are Mountain View Street and Spruce Drive, both unpaved, which lead from Weld County
Road 5.
Access within The Peaks @ Mtn View will be via an unpaved curvilinear, privately
maintained roadway(Peak Lane) approximately 750 feet in length. Its 60 foot right-of-
way and construction will comply with Weld County standards and those of the Town of
Erie as the PUD lies within 3 miles of the Town's incorporated limits. Both lane widths
will be 12 feet, respectively, with 4 foot wide shoulders. The single cul-de-sac will have a
driven radius of 50 feet within a 65 foot right-of-way radius.
Peak Lane will intersect Fir Avenue at 90 degrees with a standard stop sign and street
sign. The intersection with Fir Avenue is placed to minimize auto headlights shining into
existing houses within Carmacar. The speed limit shall be 25 mph. No parking will be
allowed on the road, shoulder or within the right-of-way of Peak Lane.
F. Traffic Impact Analysis (6.3.2.2.1.6):
Given the low density of adjacent Carmacar Ranchettes, the low additional traffic impact
of this proposed 5 lot residential PUD, and the fact that Fir Avenue and this PUD are
essentially at a "dead-end" from a vehicular flow perspective, waiver of a Traffic Impact
Analysis by the Weld County Public Works Department is respectfully requested. (Note:
Per telephone conversation with Don Carroll, May 13, 1999; No Traffic Impact Analysis
is required.)
G. Storm Drainage (6.3.2.2.1.7):
See Component One - Environmental Impacts, G - Waste Water Disposal.
A Storm Water Drainage Study prepared by a licensed professional engineer in the State
of Colorado will be submitted with the Detailed Development Guide and required
submittals for the Planned Unit Development Final Plan and Plat.
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H. Utility Provisions (6.3.2.2.1.8):
Utility easements to be shown on the Final Plat will provide not less than 15 feet front lot
width and not less than 20 feet side and rear lot width. All open space shall be available
for utility installations, as well as the Peak Lane right-of-way.
Water - See Section I. below.
Sewer - See Section J. below
Electric: Contact has been initiated with United Power, Inc. Power is available
adjacent to the site and no capacity problems are anticipated. Electric lines
will be underground with pad mounted transformers located in the Peak
Lane right-of-way. Joint trenching with other utilities will be encouraged.
Natural Gas: Contact has been initiated with KN Energy, Inc. Natural gas is available in
Carmacar Ranchettes and no capacity problems are anticipated. Natural
gas lines will be underground and joint trenching with other utilities will be
encouraged. No propane tanks (except barbeque) will be allowed in The
Peaks @ Mtn View.
Telephone: Contact has been initiated with U. S. West Communications. Service is
available adjacent to the site and no problems are anticipated. Telephone
lines will be underground and joint trenching with other utilities will be
encouraged.
Cable TV: Contact has been initiated with Comcast. Service is available in Park Lane
Estates and Comcast is "building toward Carmacar." No problems are
anticipated and joint trenching with other utilities will be encouraged.
Satellite dishes will be allowed within the proposed PUD if screened from
eye level view.
Water Provisions (6.3.2.2.1.8):
Contact has been initiated with Left Hand Water District. (See attached correspondence
dated August 27, 1998, February 16, 1999, March 5, 1999, April 14 and 20, 1999, and
May 11, 1999.) Adequate capacity appears to exist via an 8" line extension at the owner/
developer's cost from Fir Avenue. The extension will be installed according to Left Hand
and Weld County specifications. Two fire hydrants will be required, spaced not more than
500 feet apart. The hydrants will be located in the Peak Lane right-of-way.
Five tap applications and associated fees have been tendered to Left Hand Water District
(5 @ $25.00 each). A Subdivision Service Agreement (copy attached) will be tendered to
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Left Hand Water District with plant investment fees in the amount of$26,175 to be paid
prior to activation of any taps.
In lieu of Raw Water Transfer, the owner/developer intends to pay the "Water Acquisition
Fee," the "Water Reserve Rqmt," and the "Meter/Pit Charge," less credits, if applicable, in
the amounts of$5,560 per lot prior to activation of any taps.
Two Fire Hydrant Fund Fees totaling $1,600 will also be paid to Left Hand Water
District.
All water lines and meter/pits will be located underground.
J. Sewage Disposal Provisions (6.3.2.2.1.10):
Sewage disposal will be provided via private septic systems on the 5 individual lots. The
systems will be designed and constructed to meet all applicable rules and regulations set
forth by the Weld County Health Department.
A"Preliminary Geotechnical Investigation &Percolation Test Results & Septic System
Recommendations" report dated March 3, 1999, by CDS Engineering, Loveland, CO,
Project Number 99-9860 is available for perusal upon request.
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The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Three - Landscape Elements (6.3.3)
More definitive landscaping plans will be brought forth in the Specific Development Guide
to be submitted with the Final Plan & Plat.
A. Intent (6.3.3.1):
The intent of the Landscape Plan for The Peaks @ Mtn View is to insure that the
landscaping and aesthetics of the site are compatible with and complementary to those of
surrounding land uses and that the site will afford an attractive, inviting living environment
for those inside the PUD.
Goals of this Plan include:
• Adopt a rural, open space theme
• Provide a "sense of place"external and internal to The Peaks @ Mtn View
• Provide an esthetically pleasing, inviting, transition from the adjacent Carmacar
Ranchettes to the PUD
• Project a crisp, rural, equestrian image which focuses on the stellar views available
of Longs Peak, the Flatirons and the Indian Peaks.
• Enhance westward views by selectively screening existing offsite development
• Provide an open space, natural buffer around The Peaks @ Mtn View.
• Minimize maintenance demands and water usage
Concepts of this Plan include:
• A stone entry statement
• "Clustering" of landscaping elements
• Xeriscaping and low maintenance (once established) materials and natural grasses
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• Low emittance and drip irrigation techniques
• Through the efforts of the Homeowners Association: 1) encouraging residents to
utilize sprinkling systems "off-sun" hours to minimize evaporative losses and 2)
mandating not less than 10 mature trees on each of the 5 lots within 3 years.
B. Landscaping Compatibility (6.3.3.2.3):
See foregoing Section Intent, Goals & Concepts (6.3.3.1).
C. Landscape Maintenance Schedule (6.3.3.2.4):
All plantings will be specified to require minimal supplemental irrigation once established.
Periodic fertilizing, watering and care will, however, be required for approximately the
first three years subsequent to installation. The Homeowners Association will insure
appropriate landscape maintenance occurs.
The stone entryway will require minimal maintenance and will be kept in good order
(cleaning, weeding, repair and maintenance) by the Homeowner Association. Similarly,
maintenance of the open space and equestrian trail/pathway will be by the Homeowners
Association.
D. Landscape Improvements Agreement (6.3.3.2.5):
A Landscape Improvements Agreement will be submitted with the Final Plan & Plat.
E. Landscape Irrigation (6.3.3.2.6):
Potable water, provided by Left Hand Water District through an 8" distribution line in
Peak Lane will provide irrigation water.
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The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Four - Site Design (6.3.4)
A. Intent (6.3.4.1):
In considering various design, lot layout, building envelope, access and landscaping issues,
numerous alternatives have been reviewed.
The site is a flat, dryland agricultural parcel currently planted in winter wheat. Minimal
relief exists across the land and slopes of 2% to 5% prevail, generally to the northeast. A
single large cottonwood tree exists at the west edge of the property in the northwest
quadrant. The tree will be retained. The Erie Coal Creek Ditch traverses the south edge
of the site and two parallel unused irrigation laterals bisect the west half of the parcel in a
north-northwesterly direction. The main ditch will not be impacted and the laterals will be
abandoned, removed and/or covered.
The parcel is dominated by stellar vistas of the Front Range to the southwest, west and
northwest as the parcel is slightly higher in elevation than adjacent lands. Surrounding
uses and view planes include:
• Open fields to the south for about 1/4 mile, then views of the Park Lane
Subdivision. This view is veiled, however, at eye level by the Erie Coal Creek
Ditch bank. No particular impact is or will be prevalent when viewing the PUD
from the south.
• Open fields, scattered development, the Town of Erie, the Boulder Valley, the
Flatirons and Back Range to the southwest. Minimal view impacts will exist upon
development when viewed from the southwest.
• The rear of a house and a large storage/equestrian arena directly to the west which
encumbers that view plane. The house and arena are situated on an agricultural
site. This development will be seen from the rear of the house some 1/4+ mile
away.
• Delightful views of Longs Peak and the Indian Peaks to the northwest across an
open field. Negligible impact will be perceived when viewed from the northwest.
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• Looking north, an oil well and storage tank, a house and outbuildings immediately
adjacent to the site and scattered farms and houses down the Boulder Creek
drainage to Longmont and beyond. The view plane from the north will be
impacted only slightly, essentially only from the immediately adjacent house.
• Northeasterly, easterly and southeasterly vision is dominated by Carmacar
Ranchette. Residents along Fir Avenue will be impacted by low density
development on the 5 lots as they look to the west.
Building envelopes are designed to minimize visual obstruction from Camacar and
within The Peaks @ Mtn View as much as practicable.
The Intent of the Site Design is to:
• Capture mountain vistas from the site.
• Protect mountain vistas from Carmacar Ranchettes as much as practical.
• Create an attractive, rural, equestrian oriented development.
• Screen, enclose and veil eye level views of equipment, stored materials, etc., as
viewed from both within and external to the PUD.
• Provide an open space amenity surrounding the site for use by lot owners for
equestrian and walking purposes.
B. Unique Site Features (6.3.4.2.1.1):
See foregoing Intent (6.3.4.1)
C. Comprehensive Plan (6.3.4.2.1.2):
In response to the Sketch Plan previously submitted, Weld County Planning Staff
expressed concerns that the original Fir Avenue PUD for 8 residential lots represented
"urban scale development and" - - - is not located within a municipality's comprehensive
plan area, nor does it fall within a municipality's urban growth boundary." (See
correspondence dated September 28, 1998, RE-468 from Mr. Ben Patton, Department of
Planning Services.)
As a result, this PUD Change of Zone Application for The Peaks @ Mtn View (fka Fir
Avenue PUD) has been down-sized to 5 proposed lots. Consideration under Section 5
of the Weld County PUD Ordinance 197 dated January 26, 1998 is respectfully
requested.
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D. Uses Allowed Within Zone District (6.3.4.2.1.3):
The proposed PUD Zone District will provide 5 building sites for single family housing,
gardening and minor livestock activities (horses and llamas). The individual lot sizes
proposed in the Development Guide range from 5- to 9- acres allowing construction of
residences, utility buildings for animals/equipment and appropriate grazing and exercise
areas for allowable livestock. Livestock will be limited to horses, llamas and household
pets. Covenant controls to prevent overgrazing will be enforced by the Homeowners
Association. Outbuildings and animal enclosures must be approved by the Architectural
Control Committee.
E. Uses Allowed and Compatibility With Surrounding Uses (6.3.4.2.1.4):
The areas surrounding this PUD include a mixture of residential housing on large lots,
dryland and irrigated farming, stock grazing and stock impoundment.
The "Right to Farm"covenant will be stated in the PUD's CC&R's and incorporated on
all pertinent land use plats. Residents will be made aware of historical agricultural use of
lands surrounding The Peaks @ Mtn View, that agricultural uses may change to other
types of uses and that neighbors' longstanding practices and rights to protect their
livelihood shall be protected.
The proposed development will be compatible with surrounding land uses.
F. Flood Hazard, Geologic Hazard, Airport Overlay District (6.3.4.21.5):
None.
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The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Five - Common Open Space Usage (6.3.5)
A. Intent (6.3.5.1):
Common open space is an essential element for creating an attractive living environment
within The Peaks @ Mtn View and for providing a buffer with surrounding neighbors and
land uses. The original Fir Avenue PUD Sketch Plan did not provide access to open space
from all lots. At the recommendation of the Planning Staff, a new Plan has been
developed.
Perimeter open space around the development which is accessible from all 5 lots totals 6.4
acres or 16% of the 40 plus acre parcel. Walking, biking, running and horseback riding
will be encouraged. No motorized vehicles will be allowed, except for occasional mowing
and the maintenance of an 8 foot wide pathway. The open space will be 25 feet in width
along the east, north and west sides of the PUD. Radiused corners will compliment
equestrian use by the parcels' occupants.
Open space along the southern boundary widens and incorporates the maintenance
travelway for the Erie Coal Creek Ditch (ECC). Mutually agreeable usage, liability and
maintenance provisions will be negotiated between ECC and the owners, the elements of
which will be included in the CC&R's.
B. Open Space Regulations (6.3.5.2.):
Consistent with Planned Unit Development Ordinance 197, permanent common open
space managed and owned by the Homeowners Association will be a part of this PUD.
The Homeowners Association will be established before any residence are sold and
membership is mandatory for each owner. The Association shall assume responsibility for
liability insurance, taxes, and maintenance of the open space.
C. On-Site Improvements Agreement (6.3.5.3.2.2.):
An On-Site Improvements Agreement will be submitted with the Final Plan and Plat.
16
The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Six - Signage (6.3.6)
Signage shall include a standard stop sign and 2 street signs (Peak Lane and Fir Avenue) on Peak
Lane at its intersection with Fir Avenue. Two standard 25 mph speed limit signs will be installed
approximately midway on Peak Lane, one for westbound traffic and one for eastbound traffic.
Small residential address signs will be allowed as well as standard real estate sales signs or
placards.
Entry Signage for The Peaks @ Mtn View will be incorporated into the Site Design and
Landscape Plan elements.
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The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Seven - Mixed Use Development (MUD) Impact (6.3.7)
Not Applicable
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The Peaks @ Mtn View
DEVELOPMENT GUIDE (6.3)
(Conceptual)
May 20, 1999
Component Eight - Intergovernmental (Agreement Impacts) (6.3.8)
Not Applicable
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