HomeMy WebLinkAbout20250417.tiffPLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
Planner Diana Aungst
Case Number: PUDF24-0005
Hearing Date: February 19, 2025
Owner: Christy Pratt
1614 Peak Lane, Erie, CO 80516
Request: Amendment to the Peaks at Mtn View PUD (S-511) to expand the building envelope on Lot 4
Legal Lot 4 of the Peaks at Mtn View PUD (S-511); being part of Section 5, Ti N, R68W of the 6th
Description: P.M., Weld County, Colorado
Address: 1614 Peak Lane, Erie, CO 80516
Location: West of and adjacent to Peak Lane and approximately 0.5 miles south of HWY 52
Acres: +1- 4.8 acres Parcel Number: 1467-05-4-05-004
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:
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Planning Services — Development Review, referral dated December 31, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Erie, referral dated December 9, 2024
➢ Weld County Sheriff's Office, referral dated December 11, 2024
➢ Colorado Division of Water Resources, referral dated December 6, 2024
➢ Mountain View Fire Protection District, referral dated December 27, 2024
➢ Weld County Oil and Gas Energy Department, referral dated December 18, 2024
➢ Weld County Department of Public Health and Environment, referral dated December 13, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Boulder County
➢ Town of Frederick
➢ Left Hand Water District
➢ Colorado Parks and Wildlife
➢ Weld County School District RE -1J
➢ Boulder Valley Conservation District
PUDF24-0005 I Pratt
Page 1 of 6
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 submitted a building permit ASN24-0119 to construct a 720
square foot barn but since the site for the barn is located outside of the building envelope the building
envelope is required to be removed, moved, 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.K of the Weld County Code, as follows:
A. Section 27-2-10.K.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 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. Each lot has a building envelope. The envelope on the subject
property is one acre in size and the request is to expand this 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
Planning Services has received no correspondence on this case from this property owner or any
other property owner.
B. Section 27-2-10.K.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 not change with the expansion of this building envelope.
C. Section 27-2-10.K.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 3 -mile referral areas of the Towns of Dacono, Erie, and Frederick. The
Town of Erie returned referral agency responses indicating no conflict with their interests dated
December 9, 2024. And the Towns of Dacono and Frederick did not return referral agency
comments.
D. Section 27-2-10.K.4 -- Comply with the standards detailed in this Section 27-2-10, Article III of this
Chapter, and Article III 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.K.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 a
barn on a part of the lot that is outside the 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.
PUDF24-0005 I Pratt
Page 2 of 6
F. Section 27-2-10.(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 mile south of Hwy 52. This subdivision is surrounded by three (3)
subdivision 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 27-2-10.1.7 -- 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 27,435 square
feet opens up additional portions of the lot for construction of outbuildings or additions to the single-
family residence.
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 PUDF24-0005. (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
(Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. 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)
H. The applicant shall show drainage flow arrows. (Development Review)
I. The applicant shall show on -site parking areas, if applicable. (Development Review)
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
include 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
PUDF24-0005 I Pratt
Page 3 of 6
the Estate Zone District requirements. The common open space shall be owned and maintained
by the Homeowners association. (Department of Planning Services)
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) Weld County is not responsible for the maintenance of on -site subdivision roads. (Development
Review)
5) The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
6) Weld County is not responsible for the maintenance of on -site drainage related features.
(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.
PUDF24-0005 I Pratt
Page 4 of 6
Agricultural users of the land should not be expected to change their long-established 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.
PUDF24-0005 I Pratt
Page 5 of 6
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.
PUDF24-0005 I Pratt
Page 6 of 6
Hello