HomeMy WebLinkAbout20190385.tiffCASE No:
PLANNER:
APPLICANT:
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT FINAL PLAT
PU D F 18-0007
Chris Gathman
Lawrence & Jacquelyn Bebo
HEARING DATE: January30, 2018
AUTHORIZED AGENT: Kent Bruxvoort — KBC Engineers
ADDRESS: 36509 County Road 41, Eaton, CO. 80615
REQUEST: A PUD Final Plan Application for 9 residential Lots for E (Estate) Uses, one (1)
Agricultural Outlot and an open space easement.
LEGAL
DESCRIPTION: Lot A Amended Recorded Exemption AMRE-3669 and part of the NE4SW4 &
W2SE4 lying north of the Little Thompson River; both located in Section 19, T4N,
R68W of the 6'" P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 3 and 1/2 mile south of State Highway 56.
ACRES:
+/- 125 Acres PARCEL #: 1061-18-0-00-039
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses with comments from the following
agencies:
Weld County Department of Public Health and Environment, referral dated 11/6/2018
Y Weld County Department of Public Works, referral received 11/9/2018
▪ Weld County Department of Planning Services — Floodplain, referral dated 11/5/2018
▪ Berthoud Fire Protection District, referral dated 10/17/2018
▪ Colorado Division of Water Resources, referral dated 11/6/2018
▪ Rockwell Ditch Company, referral dated 11/6/2018
The Department of Planning Services' staff has received responses without comments from the
following agencies:
Y Public Safety Wireless Communications Manager, referral dated 10/12/2018
Y Little Thompson Water District, referral dated 10/31/2018
Y Weld County Sheriffs Office, referral dated 11/6/2018
Y Weld County Zoning Compliance, referral dated 10/12/2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Colorado Department of Transportation
Y Colorado Parks and Wildlife
Y Department of the Army — Corps of Engineers
Y Town of Berthoud
Y Town of Mead
Y Larimer County
Y Big Thompson Soil Conservation District
Spanish Fox Estates PUD, PUDF18-0007, 1
School District RE -2J
FINAL PLAT
ADMINISTRATIVE RECOMMENDATION
CASE No:
PU D F 18-0007
PLANNER: Chris Gathman
APPLICANT: Lawrence & Jacquelyn Bebo
HEARING DATE: January30, 2018
AUTHORIZED AGENT: Kent Bruxvoort — KBC Engineers
ADDRESS: 36509 County Road 41, Eaton, CO. 80615
REQUEST: A PUD Final Plan Application for 9 residential Lots for E (Estate) Uses, one (1)
Agricultural Outlot and an open space easement.
LEGAL
DESCRIPTION: Lot A Amended Recorded Exemption AMRE-3669 and part of the NE4SW4 &
W2SE4 lying north of the Little Thompson River; both located in Section 19, T4N,
R68W of the 61h P.M., Weld County, Colorado
LOCATION:
ACRES:
CASE SUMMARY:
West of and adjacent to County Road 3 and 1/2 mile south of State Highway 56.
+1- 125 Acres PARCEL #: 1061-18-0-00-039
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 27-7-30 of the
Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27 -7 -40.C.1 --That the proposal is consistent with Chapters 19, 22 ,23 ,24 and 26 of
the Weld County Code and any intergovernmental agreement in effect influencing the PUD.
Section 22-2-120.A. - R.Goal 1 states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or district."
The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service.
Sewer will be provided by individual on -site wastewater treatment systems (OWTS).
The application has satisfied Chapter 27 of the Weld County Code in regard to water service.
The Assistant Weld County Attorney has approved the water source of the Little Thompson
Water District.
Spanish Fox Estates PUD, PUDF18-0007, 2
B. Section 27 -7 -40.C.2 --That the uses which would be allowed in the proposed PUD will
conform with the performance standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
All other performance standards have been addressed prior to the Final Plan application
submittal. The applicant has chosen to adhere to the bulk requirements of the E(Estate) Zone
District for the residential lots. Tract A will adhere to the bulk and use requirements of the A
(Agricultural) zone with the exception that it will be nonbuildable for residential purposes.
C. Section 27-7-40.C.3 --That the uses which would be permitted will 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 three-mile referral areas of the Town of Berthoud and the Town
of Mead. It is also located within the Mead/Weld County Cooperative Planning Agreement
boundary. However, the property approximately 1 mile to the north of and outside of the
Planning Influence Area for the Town of Mead as indicated on the Town of Mead Future Land
Use Plan (revised March 2018).
The PUD is also located immediately adjacent to lands located within the town limits of
Berthoud to the north and west.
No referral responses have been received from either the Town of Berthoud or Town of
Mead. No referral responses were received from the Towns at the change of zone stage
(PUDZ16-0002) as well.
The Town of Berthoud did provide a referral in response to the PUD sketch plan application
for this PUD in December of 2014. At that time the Town of Berthoud indicated that the
proposed PUD was in compliance with the Town of Berthoud Preferred Land Use Map. This
map was adopted in April 2014 and ratified in May 2014. This is the preferred land use map
of record and has not been revised since it was ratified in May 2014.
D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the performance
standards in Article II, Chapter 27 of the Weld County Code.
The residential lots will be served by the Little Thompson Water District and by individual
septic systems. The applicant agreed to abandon an existing well on the proposed
Agricultural outlot and has agreed to dedicate shares from the Handy Ditch to the Little
Thompson Water District. The Colorado Division of Water Resources, in their referral dated
11/6/2018, indicated in their opinion that the water supply is adequate provided the well is
abandoned and sufficient water shares are provided to the Little Thompson Water District.
The application indicates that the water main following the alignment of the proposed roads
was installed in late 2017. The Little Thompson Water District, in their referral response dated
10/31/2018, indicated no conflict with their interests.
The lots within the PUD will be served by individual septic systems.
E. Section 27-7-40.C.5 -- That 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.
The proposed PUD will access onto County Road 3 which is a paved road identified as a
local road (60 -feet of Right -of -Way) per the Weld County Functional Classification Map.
F. Section 27-7-40.C.6 In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation Sections of
Chapters 22, 24 and 26, if applicable.
Spanish Fox Estates PUD, PUDF18-0007, 3
An Improvements and Road Maintenance Agreement is required. On -site improvements
associated with the development will be identified and detailed in the agreement.
G. Section 27-7-40.C.7 -- That 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.
The site is not located within an overlay district.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot 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 proposed PUD Final Plan uses are compatible with the criteria listed in the development
guide included in the application materials with two exceptions:
The PUDZ16-0002 resolution for this PUD indicated that: "staff was not in support of a
complete waiver from the 15% open space requirement and recommends at least 5% of the
site be designated as common open space.
The applicant is proposing open space as an easement that runs along the front (adjacent to
the internal road right-of-way) for the lots in the PUD and encompassing an area around an
existing pond on Tract A.
Section 22-7-60 of the Weld County Code states: "Common open space shall be designed to
be useful to the occupants and/or residents of the PUD Zone District for recreational and
scenic purposes. Common open space in the PUD Zone District shall be owned and
maintained in perpetuity by an organization established specifically for such ownership and
maintenance purposes."
Staff had concerns that designating the open space as an easement vs. an owned lot will
lead to the potential for conflicts with future owners of lots in the Planned Unit Development.
Staff recommends that the open space be deeded to the homeowner's association. The
Department of Planning Services recommends that the open space be indicated around the
pond as an open space outlot (to be deeded to the homeowners association) and that the
open space easement shown adjacent to the internal roadways be removed with the
exception that a portion of the common open space extend from the area around the pond
(adjacent to Tract A) to either Prairie Wolf Court or Spanish Fox Court. This will ensure that
the open space will have direct access to the other lots within the PUD.
Staff has had discussions with the applicant and the applicant has agreed to designate the
area around the pond and access to the pond as an open space tract to be owned and
maintained by the Homeowners Association.
The applicant requested that the internal road not have drainage swales. Appendix 24-E of
the Weld County Code (Rural Local Paved Typical Section) requires drainage swales.
Spanish Fox Estates PUD, PUDF18-0007, 4
The applicant has met with County staff (Public Works) and has agreed to install drainage
measures that satisfy the requirements/concerns of Public Works.
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 agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1. Prior to Recording the PUD Final Plat:
A. An Improvements Agreement is required for on -site improvements associated with this
project. On -site improvements associated with the development will be identified and detailed
in the agreement. (Department of Public Works)
B. An updated Construction Schedule with dates and draft Exhibit A-2 AND B-2 are required
prior to recording the Final Plat. (Department of Public Works)
C. The applicant shall submit updated Road Plans that address all Public Works redline
comments. Additionally, the modifications agreed with to Public Works regarding drainage
swales and drainage improvements along the internal roads shall be incorporated.
(Department of Public Works)
D. Provide a Utility Map for review. (Department of Public Works)
E. The applicant shall submit one complete copy of the approved covenants for the Spanish Fox
Estates PUD. The applicant shall submit finalized copies and the appropriate fee ($13 for the
first page and $5 for each additional page). The covenants shall incorporate the changes
required by the Department of Planning Services and County Attorneys. (Department of
Planning Services)
F. The applicant shall submit to the Department of Planning Services Certificates from the
Secretary of State showing the Spanish Fox Estates PUD Homeowners Associations have
been formed and registered with the state. (Department of Planning Services)
G. The applicant shall attempt to address the requirements of the Berthoud Fire Protection
District as stated in their referral dated 10/16/2018. Written evidence of such shall be
provided to the Department of Planning Services. (Berthoud Fire Protection District)
H. The applicant shall address the comments of the Colorado Division of Water Resources as
stated in their referral dated 11/6/2018. Written evidence of such shall be provided to the
Department of Planning Services. (Colorado Division of Water Resources)
The applicant shall attempt to address the comments of the Rockwell Ditch as stated in their
referral dated 11/6/2018. Written evidence of such shall be provided to the Department of
Planning Service. (Rockwell Ditch)
J. The Plat shall be amended to include the following:
1. All sheets of the Final Plat shall be labeled PUDF18-0007. (Department of Planning
Services)
Spanish Fox Estates PUD, PUDF18-0007, 5
2. The Final Plat shall be in compliance with Section 27-9-20 of the Weld County Code.
(Department of Planning Services)
3. County Road 3 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
4. The applicant shall show and label the accepted drainage features and drainage flow
arrows. (Department of Public Works)
6. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E, as
amended, of the Weld County Code. (Department of Planning Services)
7. Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
8. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
9. In the change of zone application, the applicant indicated a 10 -foot easement for a
wider shoulder for both bus and mail carrier pullout would be indicated on the final
plan. The 10 -foot easement shall be indicated on the plat. In the alternative, the
applicant shall provide written evidence from the RE -2J School District (for the bus
shelter) and the post office (for the mailboxes) that a pullout will not be required.
(Department of Planning Services)
10. The changes/recommendations of the Weld County Utility Board from the 1/24/2019
Utility Board Meeting shall be delineated on the plat. (Department of Planning
Services)
11. The Open Space Easement surrounding the pond (adjacent to Tract A) shall be re-
labeled as "Common Open Space Outlot". (Department of Planning Services)
12. The 30 -foot common open space easement delineated adjacent to Prairie Wolf Court
and Spanish Fox shall be removed or delineated as an open space tract.
(Department of Planning Services)
13. The 50 -foot "Open Space easement" shall be delineated as a common open space
tract. The tract will provide access to the open space delineated around the pond
(adjacent to Tract A). (Department of Planning Services)
L. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
Spanish Fox Estates PUD, PUDF18-0007, 6
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. The Final Plat, Spanish Fox Estates, for 9 Residential Lots with E (Estate) zone district uses,
one (1) Agricultural Outlot (Tract A) that will be non -buildable for residential purposes along
with common open space. This is indicated in the application materials on file, and subject to,
and governed by, the Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
C. 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)
D. The Bulk Standards requirement, as delineated in Section 23-3-440, for the E (Estate) Zone
district, shall be adhered to for Lots 1-9. (Department of Planning Services)
E. The Bulk Standards requirement, as delineated in Section 23-3-50 for the Agricultural Zone
District shall be adhered to, with the exception of the 80 -acre lot size requirement, for the
Agricultural Outlot (Tract A). (Department of Planning Services)
F. The Open Space shall be deeded to and maintained by the Homeowner's Association.
(Department of Planning Services)
G. Tract A is non -buildable for residential structures or structures providing habitable space.
(Department of Planning Services)
H. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems 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)
J. 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)
K. During development of the site, all land disturbances 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 Public Health and Environment)
Spanish Fox Estates PUD, PUDF18-0007, 7
L. If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6)
months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice, and apply for a Permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
M. Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County
Code, shall be recognized at all times. (Department of Planning Services)
N. 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. (Department of Public
Works)
O. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking. (Department of Public Works)
P. 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. (Department of
Public Works)
Q. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
R. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
S. Weld County is not responsible for the maintenance on onsite subdivision roads. (Department
of Public Works)
T. 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 -1670E effective date January 20, 2016 (Little
Thompson River Floodplain). 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 but 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)
U. 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)
V. All signs, including entrance signs, shall require building permits. Signs shall adhere to the
approved Sign Plan. (Department of Public Works)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
Spanish Fox Estates PUD, PUDF18-0007, 8
X. No grading permits will be issued for this project without submission to, and approval by, the
Weld County Department of Public Works for Erosion Control and Sediment Control Plans
prepared, stamped, and signed by a professional engineer licensed to practice in Colorado.
The applicant is notified that land disturbance on one portion of this site may require
construction of temporary or permanent erosion control and sediment control Best
Management Practices on other portions of the site. (Department of Building Inspection)
Y. Building permits shall be obtained prior to grading or the construction of any building or
structure. Building permits are also required for signs and structures, such as bus shelters, if
provided. (Department of Building Inspection)
Z. Building permits may be required, for any new construction or set up manufactured structure,
per Section 29-3-10 of the Weld County Code. A building permit application must be
completed and submitted. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2018 International Building Codes; 2018 International Residential
Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction. (Department of Building Inspection)
AA. The applicant shall supply evidence to the Department of Planning Services that all
requirements of the Berthoud Fire Protection District have been met. (Department of Building
Inspection)
AB. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Articles II and VIII, of the Weld County Code. (Department of Planning Services)
AC. Weld County representatives from Departments of Public Works, Public Health and
Environment, and Planning Services 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)
AD. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services, and
adopted Weld County Code and policies. (Department of Planning Services)
AE. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
AF. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
AG. Section 27-8-60 of the Weld County Code - Failure to Commence a Planned Unit
Development Final Plan - 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 the 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 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 determines that conditions supporting the
original approval of the PUD Final Plan have changed or that the landowner cannot
Spanish Fox Estates PUD, PUDF18-0007, 9
implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final
Plan and order the recorded PUD Plan vacated.
AH. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan -
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
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.
Al. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final
Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code
and Section 30-28-101, et seq., CRS.
AJ. No development activity shall commence, nor shall any building permits be issued on the
property until the final plan has been approved and recorded. (Department of Planning
Services)
AK. 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 person 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.
AL. 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
Spanish Fox Estates PVC), PUDF18-0007, 10
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, 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.
3. In accordance with Weld County Code Ordinance 2005-7, approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date of the Staff Recommendation, a $50.00
recording continuance charge may be added for each additional three (3) month period.
4. Upon completion of 1 and 2 above, the applicant shall submit one (1) electronic copy of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Weld County Clerk and
Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with
the requirements of the Weld County Code.
Spanish Fox Estates PVC), PUDF18-0007, 11
5. Per Section 27-8-50 of the Weld County Code - Failure to Record a Planned Unit Development Final
Plan - If a Final Plan plat has not been recorded within three (3) years of the date of the approval of
the 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 Final Plan
has not been abandoned and that the applicant possesses the willingness and ability to record the
PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines
that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may,
after a public hearing, revoke the PUD Final Plan.
6. Prior to Operation:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
Spanish Fox Estates PVC), PUDF18-0007, 12
October 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
BRUXVOORT KENT
5014 ROSE COURT
FORT COLLINS, CO 80528
Subject: PUDF18-0007 - A Final Plan Application for a PUD (Planned Unit Development) for Nine (9)
Residential Lots for E (Estate) Uses, one (1) Agricultural Outlot and an open space easement.
On parcel(s) of land described as:
PART E2SE4 SECTION 19, T4N, R68W LOT A AMD REC EXEMPT AMRE-3669 of the 6th P.M., Weld
County, Colorado.
NE4SW4 SECTION 19, T4N, R68W & W2SE4 of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Berthoud at Phone Number 970-532-2643
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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