HomeMy WebLinkAbout20220489.tiffLAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT FINAL PLAN
Planner: Diana Aungst Hearing Date: February 16, 2022
Case Number: PUDF21-0002
Owners: Lot 1
— John and Janiece Agnew
Lot 2
— Byron Richardson
Lot 3
— William and Rhonda Hugunin
Lot 4
— Nicholas and Antolina Hill
Lot 5
— Tanner and Keisha Schwartz
Lot 6 —Two
Hopes Living Revocable Trust c/o Todd Muckler and Debra Eberl-Muckler
Lot 7
— Ryan Goodnight
Request: Amended PUD Final Plan of Corrected Lakota Lakes (PF-594) to allow one (1) second
single-family dwelling unit per lot in the PUD
Legal: Lots 1 through 7 of Corrected Lakota Lakes Ranch PUD (PF-594); being a part of the
NW4 and the N2 of the SW4 of Section 29, Township 5 North, Range 67 West of the
6th P.M., Weld County, CO
Location: South of and adjacent to County Road 54 and east of and adjacent to County Road
15
Total Acres: +1- 85.86 acres
Zoning: PUD - E (Estate) PUDZ21-0001
Parcel #
Address
Acres
Owner
Lot
095729202001
7008
County
Road
54
4.029
Agnew
1
095729202002
7182
Lakota
Lakes
Road
2.684
Richardson
2
095729202003
7172
Lakota
Lakes
Road
2.745
Hugunin
3
095729202004
7162
Lakota
Lakes
Road
2.438
Hill
4
095729202005
7152
Lakota
Lakes
Road
3.384
Schwartz
5
095729202006
7142
Lakota
Lakes
Road
3.425
Two Hopes Living Revocable Trust
6
095729202007
7132
Lakota
Lakes
Road
3.394
Goodnight
7
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Front Range Fire Rescue, referral dated September 15, 2021
Little Thompson Water District, referral date September 27, 2021
Weld County Department of Public Health and Environment, referral dated September 8, 2021
Weld County Department of Planning Services - Development Review, referral dated September 8,
2021
Weld County Department of Planning Services, Floodplain Administrator, referral dated September 21,
2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y City of Greeley, referral dated September 17, 2021
PUDF21-0002 — Lakota Lakes
Page 1 of 10
Larimer County, referral dated September 10, 2021
Y Town of Windsor, referral dated September 3, 2021
Y Town of Johnstown, referral dated September 7, 2021
Y Weld County Sheriff's Office, referral dated September 10, 2021
Y Weld County Zoning Compliance, referral dated September 27, 2021
Y State of Colorado, Division of Water Resources, referral dated October 1, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Milliken
Y Great Western Railway
Hill & Brush Ditch Company
Colorado Parks and Wildlife
Weld County Assessor's Office
Weld County School District RE -5J
Big Thompson Conservation District
Northern Colorado Water Association
Case Summ
This is a request to amend the PUD Final Plan of Lakota Lakes Ranch PUD. This amendment seeks to
reflect the changes permitted under PUDZ21-0001 which are to add a one (1) second single-family dwelling
unit to each residential Lot. PUDF21-0002 is an amended PUD Final Plan to Corrected Final Plan PF-594,
recorded August 30, 2005, reception #3317927.
Lakota Lakes Ranch PUD contains seven (7) residential lots and is zoned PUD (Planned Unit Development)
with E (Estate) Zone District uses except four (4) animal units will be allowed per lot. One (1) second single-
family dwelling unit per residential Lot is requested with Final Plan proposal. The addition of (1) second
single-family dwelling unit per residential lot was approved per case number PUDZ21-0001 by the Board
of County Commissioners on May 12, 2021, and recorded September 1, 2021, reception #4752157.
PUDZ21-0001 is an amendment to PUD Change of Zone PZ-594 recorded May 19, 2004, at reception
#3181487.
The applicant is requesting the ability to add a one (1) second single-family dwelling unit to each residential
property. No other changes or improvements to the PUD are requested with this amendment. The
necessary fire protection, road, water and open space infrastructure and utility and drainage easements
are already in place to serve the PUD.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted PUD Final Plan materials are in compliance with the application requirements and review
procedure per Section 27-7-30 and Section 27-7-40 of the Weld County Code.
2. The submitted PUD Final Plan materials are in compliance with the intent of the PUD Change of Zone
Conceptual Development Guide application and all applicable County regulations per Section 27-7-
40.C. of the Weld County Code as follows:
A. Section 27-7-40.C.1 -- The proposal is consistent with Chapters 19 [Coordinated Planning
Agreements], Chapter 22 [Comprehensive Plan], Chapter 23 [Zoning], Chapter 24 [Subdivisions]
and Chapter 26 [Regional Urbanization Areas] of the Weld County Code.
Section 22-2-30.C.2. of the Weld County Code states: "Establish residential development options
based on compatibility, proximity to municipalities, and availability of services that reflect the desired
density and character of that location. "
The proposed amendment is located in an existing 7 -lot Planned Unit Development (PUD). This
PUD is adjacent to Heritage Crossing Ranch PUD directly to the south. The proposed amendment
PUDF21-0002 — Lakota Lakes
Page 2 of 10
will allow one (1) second single-family dwelling unit on each of the seven (7) residential lots which
in character with the surrounding area.
B. Section 27-7-40.C.2 -- The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article 11, Chapter 27 of the Weld
County Code.
The proposed amended PU D conforms with the Performance Standards as outlined in Chapter 27,
Article II, Section 27-2-20 through Section 27-2-220 of the Weld County Code.
C. Section 27-7-40. C.3 -- The uses which would be permitted shall be compatible with the existing or
future development of the surrounding area as permitted by the existing Zoning, and with the future
development as projected by Chapter 22 of the Weld County Code or master plans of affected
municipalities.
The PUD is located within the 3 -mile referral area of the Towns of Windsor, Johnstown and Milliken,
the City of Greeley, and Larimer County. Towns of Johnstown referral agency response dated
September 7, 2021 indicated no concerns, the Town of Windsor's referral agency response dated
September 3, 2021 indicated no concerns, the City of Greeley's referral agency response dated
September 17, 2021 indicated no concerns and Larimer County's referral agency response dated
September 10, 2021 indicated no concerns. No referral response has been received from the Town
of Milliken.
The PUD is located within the Coordinated Planning Agreement (CPA) boundary for the Towns of
Windsor, Johnstown, and Milliken. As part of the pre -application process for the Change of Zone
(PUDZ) the municipalities were sent a Notice of Inquiry (NOI) form. The Towns of Windsor,
Johnstown, and Milliken submitted a signed NOI form. All the NOls are dated August 17, 2020,
and the NOls state that the municipalities have no interest in annexing this subdivision.
The Weld County Department of Planning Services sent notice to seventeen (17) surrounding
property owners within 500 feet of the PUD. One phone call was received asking if a new water tap
would be required for each new second dwelling unit. The Little Thompson Water District stated
that the primary and secondary dwelling could be served from a single tap. Per the referral dated
September 27, 2021, the Little Thompson Water District (the District) stated, "The District allows
service to accessory dwellings from a single, standard residential tap and the District's guideline is
a size limit of 1,000 square feet for such accessory structures."
D. Section 27-7-40.C.4 -- The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Article lithe Weld
County Code.
Water is provided by the Little Thompson Water District. Sewer will be provided by individual on -
site wastewater treatment systems (OWTS). The OWTS will provide sewer for the second
residences. OWTS permits for Lots 1 through 7 indicate engineer designs may be required due to
soil types. The groundwater level may require some systems to be installed at a shallow level.
Based on the information contained in these permits the lots should accommodate proposed
second residences served by OWTS. The following section of the Weld County Code requires a
new OWTS permit and separate OWTS for the second residence unless the original OWTS was
sized for multiple connections.
Sec. 30-4-140. - General prohibitions. A person must not connect more than one (1) dwelling,
commercial, business, institutional or industrial unit to the same OWTS unless such multiple
connection was specified in the application submitted and, in the permit, issued for the system.
Per referral agency comments received on September 27, 2021, the Little Thompson Water District
(the District) stated that they allow service to accessory dwellings from a single, standard residential
tap and the District's guideline is a size limit of 1,000 square feet for such accessory structures.
The District's intent is to serve utility based accessory structures or a "mother-in-law" apartment
PUDF21-0002 — Lakota Lakes
Page 3 of 10
which is ostensibly intended for occupancy by a family member. Should the habitable accessory
dwelling or the primary residence become a long-term rental property to the same tenant, or either
structure becomes located on a separate parcel through the property subdividing process, a
separate tap will be required.
The District evaluates the request for water service to proposed accessory dwelling through the
commitment letter process on a case -by -case basis. A commitment request is required to be
submitted to the District for each proposed accessory dwelling. The District will then evaluate the
proposed accessory dwelling and the projected water use. A commitment letter with all
requirements and provisions for water service will then be issued.
The District will not grant approval for accessory dwellings for the Lakota Lakes subdivision as a
whole. The District will evaluate each property separately.
E. Section 27-7-40.C.5 -- The street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic requirements
of the uses of the proposed PUD Zone District.
Most of the residential lots in the PUD utilize the internal roadway: Lakota Lakes Road. This road is
paved and is privately maintained. Lot one (1) has a separate access onto County Road 54.
F. Section 27-7-40.C.6 -- An off -site road improvements agreement and an on -site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a
road improvements agreement is complete and has been submitted.
There is an existing Improvements Agreement for the PUD, reception number 3308596, dated
August 2, 2005, for access onto County Road 54. The collateral was released per Resolution
#2014-0876.
G. Section 27-7-40.C. 7 -- There has been compliance with the applicable requirements contained in
Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and
soil conditions on the subject site.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-7-40. C. 8 -- If compatibility exists between the proposed uses and criteria listed in the
development guide, and the Final Plan exactly conforms to the development guide.
The PUD Final Plan uses are compatible and conform with the criteria listed in the Conceptual
Developmental Guide included in the application materials.
This recommendation for approval is based upon compliance with Weld County Code Chapter 27
requirements and upon a review of the application materials submitted by the applicant, other relevant
information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit updated copies of the Lakota Lakes Declaration of Covenants,
Conditions and Restrictions for review by the Weld County Attorney's Office. Upon approval, the
applicant shall submit the Declaration and the appropriate recording fee ($13.00 for the first page
and $5.00 for each additional page) to the Department of Planning Services for recording.
(Department of Planning Services)
PUDF21-0002 — Lakota Lakes
Page 4 of 10
B. The applicant shall address the requirements of the Front Range Fire Rescue, as stated in the
referral response dated September 15, 2021. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDF21-0002. (Department of Planning Services)
2. The PUD Final Plan plat shall be prepared in accordance with Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
3. Show and label all recorded easements, ditches and rights -of -way on the map by book and
page number or reception number as detailed on PF-594. (Department of Planning
Services)
4. County Road 54 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet
of right-of-way. The applicant shall delineate on the plan the future and existing right-of-
way (along with the documents creating the right-of-way) and the physical location of the
road. If the right-of-way cannot be verified it shall be dedicated or reserved per Weld County
Code. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the
required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
(Development Review)
5. The Planned Unit Development has an internal paved road, Lakota Lakes Road, with 60
feet of platted right-of-way that has been dedicated to Weld County. This road is privately
maintained. The applicant shall delineate on the plan the existing right-of-way (along with
the documents creating and dedicating the right-of-way) and the physical location of the
road. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the
required setback is measured from the future right-of-way line. (Development Review)
6. Show and label the existing permitted access point (AP14-00094) and the usage type (e.g.
Residential). (Development Review)
E. The Amended PUD is conditional upon the following and that each shall be placed on the Amended
PUD plat as notes prior to recording:
The Amended Final Plan for Lakota Lakes Ranch, PUD allows for E (Estates) Zone uses on
Lots 1 through 7, except four (4) animal units will be allowed per lot, one (1) second single-
family dwelling unit will be allowed per lot, and A (Agricultural Zone) uses on Outlots B, C, and
D except no residential structures shall be allowed. No animal units shall be allowed on Outlots
B and C. Outlot D shall be allowed 17 animal units, as indicated in the application materials on
file in the Department of Planning Services and subject and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations. (Department of Planning
Services)
2. The purpose of this Amended Final Plan of Lakota Lakes Ranch, PUD, PUDF21-0002 (formerly
known as PF-594), adopts the changes permitted under PUDZ21-0001 to allow one (1) second
single-family dwelling unit per residential lot (Lots 1 through 7). (Department of Planning
Services)
3. Lot 7 shall have a setback of one -hundred eighty-nine (189) feet from any tank battery.
(Department of Planning Services)
4. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
PUDF21-0002 — Lakota Lakes
Page 5 of 10
5. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities and other facilities.
Open space restrictions are permanent. (Department of Planning Services)
6. All development shall adhere to the requirements of Front Range Fire Rescue. (Department of
Planning Services)
7. Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
8. The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal
may be by On -site wastewater treatment systems (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
9. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed. (Department of Public Health and Environment)
10. 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)
11. Weld County will not replace overlapping easements located within existing right-of-way or pay
to relocate existing utilities within the existing County right-of-way. (Development Review)
12. Lakota Lakes Road shall be maintained to mitigate any impacts to County Road 54 including
damages and/or offsite tracking. (Development Review)
13. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
14. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
15. A Flood Hazard Development Permit is required for all construction or development occurring
in the floodplain or floodway as delineated on Federal Emergency Management Agency
(FEMA) FIRM Community Panel Map # 08123C -1495F and 1681 F dated September 17, 2020
(Big Thompson River). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements
as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplain)
16. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
17. The installation of any septic system within the 100 -year floodplain shall comply with the Weld
County O.W.T.S. floodplain policy. In accordance with the State of Colorado O.W.T.S.
Regulations, no septic system shall be installed within the floodway. (Department of Planning
Services - Floodplain)
PUDF21-0002 — Lakota Lakes
Page 6 of 10
18. All landscaping within the sight distance triangles must be less than 3.5 feet in height at
maturity. (Department of Planning Services)
19. Stop signs and street name signs will be required at all intersections. (Department of Planning
Services)
20. All signs, including entrance signs, shall require Building Permits. Signs shall adhere to Chapter
23, Article IV, Division 2 and Chapter 27, Article VI, Section 27-6-90 of the Weld County Code.
These requirements shall apply to all temporary and permanent signs. (Department of Planning
Services)
21. Installation of utilities shall comply with Chapter 24, Article III, of the Weld County Code.
(Department of Planning Services)
22. The Weld County Department of Public Works shall be notified prior to placing utilities in the
road rights -of -way to determine if permits will be required. (Department of Planning Services)
23. Basements will not be permitted within any structure. (Department of Planning Services)
24. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Impact, County Facility and Drainage Impact Fee Programs.
(Department of Planning Services)
25. A separate Building Permit shall be obtained prior to the construction of any building.
(Department of Planning Services)
26. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Planning Services)
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2018
International Energy Code, and 2020 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer, shall be required or an
Open Hole Inspection. (Department of Building Inspection)
28. Each building will require an engineered foundation based on a site -specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Planning
Services)
29. Fire resistance of walls and opening, construction requirements, maximum building height, and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Planning Services)
30. Building height shall be measured in accordance with the 218 International Building Code for
the purpose of determining the maximum building size and height for various uses and types
of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23 of
the Weld County Code in order to determine compliance with offset and setback requirements.
When measuring buildings to determine offset and setback requirements, buildings are
measured to the farthest projection from the building. Property lines shall be clearly identified,
and all property pins shall be staked prior to the first site inspection. (Department of Planning
Services)
31. A portion of the property is located west of the Big Thompson River. This portion of the property
PUDF21-0002 — Lakota Lakes
Page 7 of 10
must be accessed from Lakota Lakes Ranch unless permission is granted by the owners of the
property to be crossed for emergency or maintenance needs. (Department of Planning
Services)
32. Potential purchasers are hereby notified that confined animal feeding operations are located
directly northeast and northwest of the site adjacent to Weld County Road 54. Off -site impacts
that may be encountered include noise from trucks, tractors, and equipment, dust from animal
pens, and odors from animal confinement, silage, and manure. (Department of Planning
Services)
33. No residential Building Permits shall be issued for outlots. (Department of Planning Services)
34. The property owner shall be responsible for complying with the Performance Standards and
Procedures of Chapter 27, Article II and Article VIII of the Weld County Code. (Department of
Planning Services)
35. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
36. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, Planning Services and all
applicable Weld County regulations. (Department of Planning Services)
37. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
38. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the Final Plan has been approved and recorded. (Department of
Planning Services)
39. If no construction has begun or no use established in the PUD within three (3) years of the date
of the approval of the PUD final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the PUD final plan has
not been abandoned and that the applicant possesses the willingness and ability to continue
the PUD. The Board of County Commissioners may extend the date for initiation of the PUD
construction and shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board of County Commissioners determines that conditions supporting the
original approval of the PUD final plan have changed or that the landowner cannot implement
the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order
the recorded PUD plan vacated per Section 27-8-60 of the Weld County Code. (Department of
Planning Services)
40. The Board of County Commissioners may serve written notice upon such organization or upon
the owners or residents of the PUD setting forth that the organization has failed to comply with
the PUD final plan. Said notice shall include a demand that such deficiencies of maintenance
be cured within thirty (30) days thereof. A hearing shall be held by the Board of County
Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item,
date and place of the hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be rectified per Section
27-8-70.A of the Weld County Code. (Department of Planning Services)
41. Any PUD Zone District approved in a Final Plan shall be considered as being in compliance
with Chapter 24 of this Code and Section 30-28-101, et seq., C.R.S. per Section 27-8-70.B of
the Weld County Code. (Department of Planning Services
PUDF21-0002 — Lakota Lakes
Page 8 of 10
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the State's commercial mineral deposits are essential to the State's economy, (b)
the populous counties of the state face a critical shortage of such deposits, and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. 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
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.
PUDF21-0002 — Lakota Lakes
Page 9 of 10
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, sand burs, 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.
F. The applicant shall submit an electronic (PDF) copy of the plat for preliminary approval to the
County Department of Planning Services. Upon approval of the PDF, 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.
G. The plat map and additional requirements shall be submitted to the Department of Planning Services'
for recording within 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) 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 per Section 27-8-50 of the Weld County
Code.
PUDF21-0002 — Lakota Lakes
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