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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT FINAL PLAN
Michael Hall
PUDF18-0008
Hearing Date: February 27, 2019
Brett E. & Tammy L. Russell
K5 Enterprises, LLC c/o Randy Kneebone
Nathan & Shanna Esparza
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Colson, Inc. c/o Mark Bowman
Colson, Inc. c/o Mark Bowman, Longs Peak Estates HOA President
Amended PUD Final Plan of Longs Peak Estates, PUDF18-0008 (formerly known
as PF-543) to reflect the changes permitted under PUDZ18-0001 and to expand
the building envelopes on Lots 2, 3, 5, 6, and 7
Lots 1 through 7 and Outlots A and B of Longs Peak Estates (PUDZ18-0001);
being a part of the N2 of Section 9, Township 1 North, Range 68 West of the 6th
P.M., Weld County, CO
South of and adjacent to County Road 12; west of and adjacent to Avery Court;
north and south of and adjacent to Dawn Court
23.468 acres +/-
Parcel #s:
146709204001
146709204002
146709104003
146709104004
146709104005
146709104006
146709104007
146709204008
146709204009
Situs Address:
4885 Avery Court
4881 Avery Court
2567 Dawn Court
2563 Dawn Court
2559 Dawn Court
2570 Dawn Court
2574 Dawn Court
N/A
N/A
Acres:
2.589
4.101
3.474
3.291
3.353
3.404
3.220
4.997
0.275
Owner:
Russell
K5 Enterprises, LLC
Colson, Inc.
Brooks
Hempelmann
Colson, Inc.
Colson, Inc.
Colson, Inc.
Colson, Inc.
Lot #:
1
2
3
4
5
6
7
Outlot A
Outlot B
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated February 14, 2019
Weld County Department of Building Inspection, referral dated February 14, 2019
Weld County Department of Public Health and Environment, referral dated February 11, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Colorado Geological Survey, email dated January 25, 2019
Y Mountain View Fire Rescue, referral dated February 1, 2019
PUDF18-0008 — Longs Peak Estates
Page 1 of 11
v Weld County Zoning Compliance, referral dated January 18, 2019
Y Town of Frederick Planning Department, referral dated January 18, 2019
Y City and County of Broomfield Planning Department, referral dated February 15, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V
Town of Erie
Boulder County
Town of Dacono
Left Hand Water District
US Army Corps of Engineers
Colorado Parks and Wildlife
Boulder Valley Conservation District
Colorado Division of Water Resources
Saint Vrain Valley School District RE -1J
Farmers Reservoir and Irrigation Company
PUDF18-0008 — Longs Peak Estates
Page 2 of 11
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Case Summary:
PUD FINAL PLAN
ADMINISTRATIVE RECOMMENDATION
Michael Hall
PUDF18-0008
Hearing Date: February 27, 2019
Brett E. & Tammy L. Russell
K5 Enterprises, LLC c/o Randy Kneebone
Nathan & Shanna Esparza
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Colson, Inc. c/o Mark Bowman
Colson, Inc. c/o Mark Bowman, Longs Peak Estates HOA President
Amended PUD Final Plan of Longs Peak Estates, PUDF18-0008 (formerly known
as PF-543) to reflect the changes permitted under PUDZ18-0001 and to expand
the building envelopes on Lots 2, 3, 5, 6, and 7
Lots 1 through 7 and Outlots A and B of Longs Peak Estates (PUDZ18-0001);
being a part of the N2 of Section 9, Township 1 North, Range 68 West of the 6th
P.M., Weld County, CO
South of and adjacent to County Road 12; west of and adjacent to Avery Court;
north and south of and adjacent to Dawn Court
23.468 acres +/-
As stated, the subject Amended PUD Final Plan of Longs Peak Estates, PUDF18-0008, seeks to reflect
the changes permitted under PUDZ18-0001 and to expand the building envelopes on Lots 2, 3, 5, 6, and 7.
PUDF18-0008 is an amended PUD Final Plan to PF-543, recorded October 24, 2016, reception
#4247588.
Longs Peak Estates PUD contains seven (7) residential lots and two (2) outlots and is zoned PUD
(Planned Unit Development) with E (Estate) Zone District uses plus one accessory dwelling unit per lot,
per case number PUDZ18-0001 as approved by the Board of County Commissioners on October 24,
2018 and recorded January 16, 2019, reception #4460491. PUDZ18-0001 was an amended PUD
Change of Zone to Z-543, recorded August 8, 2002, reception #2976266.
The applicant has indicated that the PUD is intended to provide lots for large, luxury residences and that
existing building envelopes restrict development of the lots. The expansion of the building envelopes will
provide design and layout flexibility to future homes and homes currently under construction. This request
is also consistent with PUDZ18-0001, in which septic envelopes were removed in order to lessen the lot
layout restrictions. 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.
PUDF18-0008 — Longs Peak Estates
Page 3 of 11
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.
1) Section 22-2-120.C - R.Goal 3. of the Weld County Code states: "Consider the compatibility
with surrounding land uses, natural site features, nearby municipalities' comprehensive
plans and general residential growth trends when evaluating new residential development
proposals."
The subject PUD Final Plan amendment will be modifying an existing 7 -lot PUD. This
request will not affect the compatibility of the PUD with existing surrounding land uses.
The PUD is appropriate in this area as it is located nearby two large residential
subdivisions with Scotts Acres directly to the east and Parkland Estates to the west. The
PUD is also north and east of numerous residences on recorded exemptions lots.
2) Section 22-2-120.A R.Goal 1. of the Weld County Code states: "Ensure that adequate
services and facilities are currently available or reasonably obtainable to serve the
residential development or district."
The Longs Peak Estates Homeowners' Association has been established and registered
with the Colorado Secretary of State. The Declaration of Covenants, Conditions and
Restrictions has previously been prepared when the original PUD Final Plan PF-543 was
approved. Common open space is maintained by the HOA. The rights -of -way and
roadways to access the PUD have already been dedicated and built and no other on -site
or off -site improvements are required to accommodate the requested amendment. There
are three (3) fire hydrants installed in the PUD. Natural gas is provided by Black Hills
Energy and electric service is provided by United Power. Two (2) non -potable irrigation
water taps have been installed to maintain the landscaping of the PUD. No drainage or
utility easements are proposed to be removed or changed.
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 PUD 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.
The expansion of the building envelopes on select lots within Longs Peak Estates will not
change the uses allowed under the original PUD.
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 Town of Erie, Town of Dacono, Town
of Frederick, Boulder County and the City and County of Broomfield. The Frederick and
Broomfield referral responses dated January 18, 2019 and February 15, 2019 stated no
concerns. No referral response was received from Erie, Dacono or Boulder County.
PUDF18-0008 — Longs Peak Estates
Page 4 of 11
The subject PUD is not located within any Coordinated Planning Agreement (CPA)
boundaries or Urban Growth Boundaries (UGB) of a municipality and is not located within a
Regional Urbanization Area (RUA).
The Weld County Department of Planning Services sent notice to twenty-six (26) surrounding
property owners within 500 feet of the PUD. Planning staff did not receive any correspondence
back.
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 11 the
Weld County Code.
The application has satisfied Chapter 27, Article II, Section 27-2-170 and Section 27-2-176 of
the Weld County Code in regard to water and sewer provisions. In the Left Hand Water
District letter, dated March 21, 2018 and provided in the PUD Change of Zone application
materials, the District states the water taps assigned to each lot are adequate for serving both
the primary and secondary residences. Sewer will be provided by individual on -site
wastewater treatment systems (OWTS). The Division of Water Resources did not respond to
the referral request.
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.
The existing residential lots in the PUD utilize two (2) existing internal paved roads (Dawn and
Avery Court). Avery Court, which serves Lots 1 and 2, accesses directly onto County Road
12 (paved), and is annexed into the Town of Erie. Dawn Court, which serves Lots 3 through
7, accesses onto Peak View Street (gravel) and is located in unincorporated Weld County.
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 #4253148 for access
onto Peak View Street (Weld County maintained). No Improvements and Road Maintenance
Agreement is required for access onto County Road 12 (Erie maintained). Erie did not
respond to this proposal.
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.
The PUD is located within the Geological Hazard Overlay District and is undermined by the
Morrison and Clayton Mines. These coal mines overlap in some areas which results in
significantly greater subsidence hazard. The Colorado Geological Survey (CGS) did not
submit a referral response for PUDF18-0008. However, they did submit an email dated
January 25, 2019, to Mr. Bowman and Planning staff, indicating that the PUDF18-0008
referral would not be completed because the previously CGS referral for PUDZ18-0001 had
not been paid for by the applicant. The CGS charges for all referrals that are sent to them as
required by C.R.S. Section 30-28-101.
However, the Colorado Geological Survey (CGS) did submit a referral dated May 16, 2018,
for the PUDZ18-0001 referral request. This letter discourages development in geologic
hazard areas. The referral states that construction should be limited to the existing building
envelopes as originally approved and shown by PF-543 and other criteria such as maximum
foundation length of 60 -feet, maximum subgrade construction depth of 7 -feet and flexible
utilities and connections. The purpose of the existing building envelopes and additional
criteria restrict the location of structures to areas where mines are not overlapped and have
PUDF18-0008 — Longs Peak Estates
Page 5 of 11
the least risk of mine subsidence. The May 16, 2018 CGS referral did not comment on the
potential of expanding building envelopes.
The referral statements made by the CGS are consistent with the notes on the PF-543 plat
map and have been previously expressed by the CGS in the PZ-543 referral dated August
13, 2001, PZ-543 follow-up letter dated December 10, 2001, PF-543 referral dated July 14,
2003 and as adopted by the Board of County Commissioners via PF-543 plat note #2.
Additionally, Plat Note #15 on the existing PF-543 plat states. "A Geological Hazard Permit
will be required for any construction on Lots 3 through 7". However, Planning staff is working
on a code change to remove Geological Hazard Permits from the Weld County Code as staff
does not have the expertise to process and review these permits.
As a replacement for Geological Hazard Development Permits on Lots 3 through 7 and
removing the CGS restrictions on Lots 2 through 7, a geotechnical study signed by a
professional geologist and/or by a professional geotechnical engineer shall be submitted with
the Building Permit application for any habitable structures within the PUD, as stated in the
Building Department referral dated February 14, 2019. The pending code change to remove
the GHDP is consistent with the Building Department referral.
Furthermore, the review of each habitable structure by professional geologist and/or by a
professional geotechnical engineer will mitigate any potential impacts of the request to
expand select building envelopes outside the current extent and into areas previously
identified as overlapping mines with higher subsidence risk.
A review of the property for a viable commercial mineral deposit for Longs Peak Estates PUD
was reviewed under the Change of Zone land use application (PUDZ18-0001). The applicant
notified potential mineral interest owners and no responses were received back from those
notified. There do not appear to be any active oil and gas operations, mining or mineral
resource extraction within the PUD.
The PUD is not located within an Airport Overlay, Special Flood Hazard Area or MS4 Area.
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. The expansion of
select building envelopes does not impact the Conceptual Development Guide or the original
Final Plan application.
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 record deeds for Outlot A and Outlot B, deeding them to Longs Peak
Estates PUD Homeowners' Association, in conjunction with the PUDF18-0008 plat map.
(Department of Planning Services)
PUDF18-0008 — Longs Peak Estates
Page 6 of 11
B. The applicant shall submit updated copies of the Longs Peak Estates 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)
C. An updated drainage letter addressing the potential increase in imperviousness on all of the
residential lots of the PUD is required prior to recording the PUDF map. The letter shall
address if the existing drainage infrastructure can handle the increase in imperviousness or
if there are additional improvements required to the drainage infrastructure. This letter is to
be stamped and signed by a Professional Engineer registered in the State of Colorado.
(Department of Public Works)
D. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDF18-0008. (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. The PUD Final Plan plat shall utilize PUD Plat Certificates Numbers 1, 2, 3 and 4
as located in Appendix 26-P of the Weld County Code. (Department of Planning
Services)
4. Show and label the expanded building envelopes with distance and bearing
references. (Department of Planning Services)
5. 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-543. (Department
of Planning Services)
6. Peak View Road is a gravel 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)
7. Show and label the approved access locations, and the appropriate turning radii
on the site plan. (Department of Public Works)
8. Show the approved Municipality of Erie access from County Road 12 on the site
plan and label with the approved access permit number, if applicable.
(Department of Public Works)
9. The applicant shall show and label the accepted drainage features and drainage
flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -
Build or Storage Area" and shall include the calculated volume. (Department of
Public Works)
F. The Amended PUD is conditional upon the following and that each shall be placed on the
Amended PUD plat as notes prior to recording:
1. The Planned Unit Development, Longs Peak Estates PUD, shall consist of seven
(7) residential lots with Estate Zone District uses plus one (1) accessory dwelling
unit per lot, 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)
PUDF18-0008 — Longs Peak Estates
Page 7 of 11
2. The purpose of this Amended PUD Final Plan of Longs Peak Estates, PUDF18-
0008 (formerly known as PF-543) adopts the changes permitted under PUDZ18-
0001 and expands the building envelopes on Lots 2, 3, 5, 6, and 7. (Department
of Planning Services)
3. The two (2) common open space outlots shall be owned and maintained by the
Homeowners' Association in perpetuity. The outlots are non -buildable for
residential and commercial structures or structures providing habitable space.
(Department of Planning Services)
4. Lots 2 through 7 are located in the Geological Hazard Overlay District with
severe subsidence risk. Lots 2 through 7 contain building envelopes to limit
extent of habitable structures. All construction or improvements occurring in a
geological hazard area as delineated by the Colorado Geological Survey shall
comply with Overlay District requirements of Chapter 23, Article V, Division 2 of
the Weld County Code. (Department of Planning Services)
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. The Homeowners' Association shall be responsible for maintaining, irrigating and
replacing plant and surface material in the common open space areas.
(Department of Planning Services)
7. Personal outdoor storage shall be screened from public rights -of -ways and
adjacent properties. No commercial storage is permitted. (Department of
Planning Services)
8. All development shall adhere to the requirements of Mountain View Fire Rescue.
(Department of Planning Services)
9. Installation of utilities and improvements shall comply with Section 24-9-10 of the
Weld County Code. (Department of Planning Services)
10. Internal road improvements have been completed for Longs Peak Estates PUD.
No additional internal road improvements are required under this amended PUD.
(Department of Planning Services)
11. Water service may be obtained from Left Hand Water District. (Department of
Public Health and Environment)
12. 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)
13. 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)
14. 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)
15. 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)
PUDF18-0008 — Longs Peak Estates
Page 8 of 11
16. 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)
17. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
18. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Public Works)
19. Weld County is not responsible for the maintenance on onsite subdivision roads.
(Department of Public Works)
20. A geotechnical study prepared by a professional geologist and/or by a
professional geotechnical engineer shall be submitted to the Building Department
along with the Building permit application. The study shall specify that the
foundation and structure design are appropriate for the specific site. (Department
of Building Inspection)
21. 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)
22. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
23. 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)
24. The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works, Public Health and Environment, Planning
Services and all applicable Weld County regulations. (Department of Planning
Services)
25. 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)
26. 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)
27. 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)
PUDF18-0008 — Longs Peak Estates
Page 9 of 11
28. 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)
29. 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)
30. 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.
31. 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.
PUDF18-0008 — Longs Peak Estates
Page 10 of 11
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.
G. 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.
H. 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. (Department of Planning Services)
The Department of Planning Services requests a digital copy of PUDF18-0008.
Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
J. Prior to Construction:
1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will
be required. (Department of Public Works)
PUDF18-0008 — Longs Peak Estates
Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
January 17, 2019
BOWMAN MARK
2075 HERITAGE PLACE
ERIE, CO 80516
Subject: PUDF18-0008 - Amended PUD Final Plan of Longs Peak Estates to reflect the changes
permitted under PUDZ18-0001 and to expand the building envelopes on Lots 2, 3, 5, 6, and 7
On parcel(s) of land described as:
LOTS 1 THROUGH 7 AND OUTLOT A AND OUTLOT B OF LONGS PEAK ESTATES PUD; BEING
PART OF SECTION 9, T1 N, R68W 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:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Frederick at Phone Number 720-382-5500
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.
Resp9r,tfully,
Zry
//X
Michael Hall
Planner
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FIELD CHECK
Inspection Date: 2/12/2019
Planner: Michael Hall Hearing Date: February 27, 2019
Case Number: PUDF18-0008
Owners: Brett E. & Tammy L. Russell
K5 Enterprises, LLC c/o Randy Kneebone
Nathan & Shanna Esparza
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Colson, Inc. c/o Mark Bowman
Representative: Colson, Inc. c/o Mark Bowman, Longs Peak Estates HOA President
Request: Amended PUD Final Plan of Longs Peak Estates, PUDF18-0008 (formerly known as PF-543)
to reflect the changes permitted under PUDZ18-0001 and to expand the building envelopes
on Lots 2, 3, 5, 6, and 7
Legal: Lots 1 through 7 and Outlots A and B of Longs Peak Estates (PUDZ18-0001); being a part of
the N2 of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 12; west of and adjacent to Avery Court; north and
south of and adjacent to Dawn Court
Total Acres:
23.468 acres +/-
Zoning
Land Use
N
Erie
N
Agricultural
E
A (Agricultural)
E
Residential / Scotts Acres Subdivision
S
A (Agricultural)
S
Residential
W
A (Agricultural)
W
Residential
COMMENTS:
There are two access roads into the PUD. Lots 3-7 are accessed from Dawn Court, a paved cul-de-sac that extends west
from Peak View (gravel), the main north -south road within Scotts Acres Sub. Lot 4 has an existing residence and has
existing landscaping. Lot 5 has a new house being built. Lots 3, 6 and 7 are vacant. A new outbuilding is being built on Lot
5. No outbuildings were observed on any of the other lots. Lots 1-2 are accessed from Avery Court, a paved cul-de-sac
that extends south from County Road 12. Lot 1 has an existing residence and landscaping. Lot 2 is vacant. There are fire
hydrants located within both cul-de-sacs, 1 on Avery Court, 2 on Dawn Court.
Michael Hall, Planner
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