HomeMy WebLinkAbout20250416.tiffResolution
Planned Unit Development Final Plan Minor Amendment, PUDF24-0005,
(formerly known as S-511) to Expand the Building Envelope on Lot 4 of the
Peaks at Mtn View PUD — Christy and Daniel Pratt
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 19th day of February, 2025, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of
Christy and Daniel Pratt, 1614 Peak Lane, Erie, Colorado 80516, requesting a
Planned Unit Development Final Plan Minor Amendment, PUDF24-0005, (formerly
known as S-511) to expand the building envelope on Lot 4 of the Peaks at Mtn View PUD,
for a parcel of land located on the following described real estate, to -wit:
Lot 4 of the Peaks at Mtn View PUD; being part
of Section 5, Township 1 North, Range 68 West
of the 6th P.M., Weld County, Colorado
Whereas, the applicant was present at said hearing, and
Whereas, Section 27-7-40 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.K as follows:
A. Section 27-2-10.K.1 — The PUD amendment must: "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 a barn 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, and each lot has a building envelope. The
envelope on the subject property is one (1) acre in size and the
request to expand the existing building envelope by about 27,435
square feet (0.6 acres) will not affect the compatibility of the PUD
with existing surrounding land uses. The barn will be approximately
250 feet from the residence to the south, but the Department of
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Planning Services has received no correspondence regarding the
application from any surrounding property owners.
B. Section 27-2-10.K.2 — The PUD amendment must: `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 not
change with the expansion of the building envelope.
C. Section 27-2-10.K.3 — The PUD amendment must: "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 area of the Towns of Dacono,
Erie, and Frederick. The Town of Erie returned a referral agency
response, dated December 9, 2024, indicating no conflict with their
interests, and the Towns of Dacono and Frederick did not return
referral agency comments.
D. Section 27-2-10.K.4 — The PUD amendment must: "Comply with the
standards detailed in Section 27-2-10, Article III of Chapter 27, and
Article III of Chapter 24 of the Weld County 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.K.5 — The PUD amendment must: "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 a barn on a part of the lot that is outside
the existing building envelope. The expansion of this building
envelope from one (1) acre to about 1.6 acres will not affect efficient
development and preservation of the entire PUD.
F. Section 27-2-10.K.6 — The PUD amendment must: "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 (1/2) mile south of State Highway 52. The
subdivision is surrounded by three (3) subdivisions of similar
character (Highview Ranch PUD, Summit at Mountain View, and
Carmacar Ranchettes), and there are also a few Recorded
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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 State Highway 52) or the public interest.
G. Section 27-2-10.K.7 — The PUD amendment must: "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
the Peaks at Mtn View PUD (S-511) lots are not changing. The
expansion of the building envelope by approximately 27,435 square
feet opens up additional portions of the lot for construction of
outbuildings or additions to the single-family residence.
Now, Therefore, Be It Resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Christy and Daniel Pratt for a Planned Unit Development
Final Plan Minor Amendment, PUDF24-0005, (formerly known as S-511) to expand the
building envelope on Lot 4 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 PUDF24-0005.
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
at MTN View Final Plat Map (Reception Number 2762590)". The
applicant shall delineate and label the existing right-of-way (along
with its creating documents) and the physical location of the road on
the plat.
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G. Fir Avenue 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 and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the plat.
H. The applicant shall show drainage flow arrows.
I. The applicant shall show on -site parking areas, if applicable.
J. The following notes shall be delineated on the Planned Unit
Development Final Plat:
1) The purpose of this Planned Unit Development Final Plan
Amendment, PUDF24-0005, is to expand the size of the
building envelope on Lot 4.
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.
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) Weld County is not responsible for the maintenance of on -site
subdivision roads.
5) The historical flow patterns and runoff amounts on the site will
be maintained.
6) Weld County is not responsible for the maintenance of on -site
drainage related features.
7) Water service shall be provided by the Left Hand Water
District for each lot.
8) A Weld County Septic Permit is required for each proposed
home septic system and shall be installed according to the
Weld County Individual Sewage Disposal System regulations.
9) Installation of utilities shall comply with Section 24-3-60 of the
Weld County Code.
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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 Envrionment, 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 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 the Weld County 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
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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 three (3) month period.
4. Following recordation of the Planned Unit Development Final Plat, the
property owners shall create and record deeds for all lots, which shall
include the legal description of each lot and the reception number of the
amended Planned Unit Development Final Plat. New deeds are required
even if lots will remain under the same ownership. Failure to do so may
create issues with the proper assessment of the lots by the Weld County
Assessor's Office and may create a clouded chain of title.
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 19th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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