HomeMy WebLinkAbout20183021.tiffPlanner:
Case Number:
Owners:
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
Michael Hall
PU DZ18-0001
Hearing Date: September 4, 2018
Brett E. & Tammy L. Russell
K5 Enterprises, LLC do Randy Kneebone
Colson, Inc. do Mark Bowman
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Representative: Colson, Inc. c/o Mark Bowman
Request:
Legal:
Location:
Total Acres:
Amended PUD Change of Zone of Longs Peak Estates (Z-543) to allow two
residences per lot in the PUD and remove the septic envelopes.
Lots 1 through 7 of Longs Peak Estates PUD (Z-543); 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
Situs Address:
4885 Avery Court
4881 Avery Court
2567 Dawn Court
2563 Dawn Court
2559 Dawn Court
2570 Dawn Court
2574 Dawn Court
Acres:
2.589
4.101
3.474
3.291
3.353
3.404
3.220
Owner:
Russell
K5 Enterprises,
Colson, Inc.
Brooks
Hempelmann
Colson, Inc.
Colson, Inc.
Lot #:
1
LLC 2
3
4
5
6
7
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Colorado Geological Survey, referral dated May 16, 2018
▪ Saint Vrain Valley School District RE -1J, referral dated April 26, 2018
▪ Weld County Department of Public Works, referral dated May 23, 2018
▪ Farmers Reservoir and Irrigation Company, referral dated May 21, 2018
▪ Weld County Department of Public Health and Environment, referral dated May 21, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Mountain View Fire Rescue, referral dated April 25, 2018
▪ Colorado Parks and Wildlife, referral dated April 25, 2018
Y Weld County Zoning Compliance, referral dated April 26, 2018
Y Town of Frederick Planning Department, referral dated May 1, 2018
Y City and County of Broomfield Planning Department, referral dated, May 4, 2018
PUDZ18-0001 - Longs Peak Estates
1
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Erie
Y Boulder County
Y Town of Dacono
Y Left Hand Water District
Y Boulder Valley Conservation District
Y Weld County Department of Building Inspection
PUDZ18-0001 - Longs Peak Estates
2
Planner:
Case Number:
Owners:
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Michael Hall
PU DZ18-0001
Hearing Date: September 4, 2018
Brett E. & Tammy L. Russell
K5 Enterprises, LLC do Randy Kneebone
Colson, Inc. do Mark Bowman
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Representative: Colson, Inc. c/o Mark Bowman
Request:
Legal:
Location:
Total Acres:
Case Summary:
Amended PUD Change of Zone of Longs Peak Estates (Z-543) to allow two
residences per lot in the PUD and remove the septic envelopes.
Lots 1 through 7 of Longs Peak Estates PUD (Z-543); 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
Longs Peak Estates is currently zoned PUD with Estate Zone District uses per case number Z-543,
recorded August 8, 2002, reception #2976266. The Longs Peak Estates final plat PF-543 was recorded
October 24, 2016, reception #4247588. Second homes are not permitted in the Estate Zone District
including PUDs with Estate Zone District uses, unless expressly called out. PUDZ18-0001 seeks to
amend Z-543 to allow second homes in Longs Peak Estates. The applicant has indicated that the
subdivision is intended to provide luxury residences and that existing and potential buyers are interested
in second homes such guest and carriage houses. Additionally, there are two (2) existing septic
envelopes per lot which will be removed by this amendment. No other changes or improvements to the
PUD are requested with this amendment. An amended final plat will be required after PUDZ18-0001 is
recorded.
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 27-5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Regional Urbanization Areas) of the Weld County Code.
PUDZ18-0001 - Longs Peak Estates
3
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 proposed amendment is located in an existing 7 -lot Planned Unit Development (PUD).
This 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 proposed
amendment will allow second homes on the lots which is not inconsistent within this
developed residential area.
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 seven (7) residential lots are provided water service by a Left Hand Water District
(LHWD) Taps. In the LHWD letter, dated March 21, 2018 and provided in the application
materials, the District states the water taps assigned to each lot are adequate for serving both
the main residence and second residence and they have no objection to the proposed
amendment. There are three (3) fire hydrants installed in the PUD. Sewage disposal is
provided by individual on -site wastewater treatment systems (0WTS). New septics system
will be required for all second homes. The removal of the septic envelopes will not affect the
PUD and Weld County Department of Public Health and Environmental supports this removal.
Additionally, the rights -of -way and road 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. No drainage or utility easements are proposed to be removed or
changed. Avery Court which serves Lots 1 and 2 access directly onto County Road 12 which
annexed into the Town of Erie. Dawn Court which serves Lots 3 thru 7 accesses onto Peak
View Street which is in unincorporated Weld County.
B. Section 27-6-120.B.6.b - 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.
The proposed 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.
Section 27-2-200. - Uses - The applicant has chosen to adhere to the uses and bulk
requirements of the E (Estate) Zone District with the exception that second homes will be
allowed on each residential lot.
C. Section 27-6-120.B.6.c - 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. It is not located within a
Regional Urbanization Area or Intergovernmental Agreement Area. Frederick and Broomfield
referral responses dated May 1 and May 4, 2018 indicated no conflicts with their interests. No
referral response has been received from Erie, Dacono or Boulder County.
The Weld County Department of Planning Services sent notice to twenty-five (25) surrounding
property owners within 500 feet of the PUD. Planning staff received five (5) letters (PC
Exhibits 1 thru 5) in opposition to this amended PUDZ. All the letters in opposition were
received from SPOs outside of the subject PUD. One (1) of the letters was submitted from
someone outside the SPO notice area. The letters outlined questions and concerns with road
quality, trespassing, traffic and pedestrian safety, construction nuisances, geologic hazards,
impaired views, and changing the neighborhood's single-family residential dynamic. The
PUDZ18-0001 - Longs Peak Estates
4
conditions of approval and Plat Notes should adequately address these concerns such as
Geological Hazard Permits being required for construction and the screening of personal
outdoor storage.
D. Section 27-6-120.B.6.d - The PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code.
Water is provided by the Left Hand Water District. Sewer will be provided by individual on -site
wastewater treatment systems (OWTS). The application has satisfied Chapter 27, Article II,
Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and
sewer provisions.
E. Section 27-6-120.B.6.e - 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 and outlots in the PUD utilize existing gravel roads.
F. Section 27-6-120.B.6.f - 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, if applicable.
There is an existing Improvements Agreement for the PUD, reception number 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 27-6-120.B.6.g - 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 a Geological Hazard Area. The Colorado Geological Survey (CGS)
referral dated May 16, 2018, states the PUD is undermined by the Morrison and Clayton
Mines. The mines overlap is some areas which results in significantly greater subsidence
hazard. The CGS discourages development and additional density in geologic hazard areas.
However, as long as construction adheres to the existing building envelopes as originally
approved by PF-543 and other criteria such as maximum foundation length and flexible
utilities, there is no objection by the CGS. The building envelopes and additional criteria
restrict the location of structures including second homes to areas where mines are not
overlapped and have the least risk of mine subsidence. Additionally, Geologic Hazard
Development Permits will be required for Lots 3 thru 7 which is consistent with the approved
final plat PF-543.
The PUD is not located within an Airport Overlay, Special Flood Hazard Area or MS4 Area.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Conceptual Development Guide accurately reflects the consistency with the
performance standards and allowed uses described in the Estate Zone District.
This approval recommendation is based upon compliance with Chapter 27 requirements.
PUDZ18-0001 - Longs Peak Estates
5
The amended PUD with Estate Zone District Uses plus second residences is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements (concerns) of the Farmers
Reservoir and Irrigation Company, as stated in the referral response dated May 21, 2018.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall address the requirements of Weld County School District RE -1J as
stated in the referral response dated April 26, 2018. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (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 PUDZ 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 PUDZ18-0001. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the plat per
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. (Department of Planning Services)
4. 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)
5. Show and label the approved access locations, and the appropriate turning radii
on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
6. 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)
7. 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)
8. The attached Plat Notes. (Department of Planning Services)
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:
PUDZ18-0001 - Longs Peak Estates
6
1. The amended Planned Unit Development shall consist of seven (7) residential
lots and two (2) common open space outlots. The PUDZ allows for Estate Zone
District bulk requirements and uses plus one (1) second residence per each
residential 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)
2. The two (2) common open space outlots shall be owned and maintained by the
Homeowners Association. The outlots are non -buildable for residential and
commercial structures or structures providing habitable space. (Department of
Planning Services)
3. The site shall be developed in accordance with the recommendations contained
in the Colorado Geological Survey and geological and mineral studies.
(Department of Planning Services)
4. 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. Personal outdoor storage shall be screened from public rights -of -ways and
adjacent properties. (Department of Planning Services)
6. 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)
7. All development shall adhere to the requirements of Mountain View Fire Rescue.
(Department of Planning Services)
8. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
9. 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)
10. Water service may be obtained Left Hand Water District. (Department of Public
Health and Environment)
11. 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)
12. 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)
13. The property owners shall control noxious weeds on the site. (Department of
Public Works)
14. 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)
PUDZ18-0001 - Longs Peak Estates
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15. 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)
16. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
17. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Public Works)
18. Weld County is not responsible for the maintenance on onsite subdivision roads.
(Department of Public Works)
19. All proposed or existing structures will or do meet the minimum setback and
offset requirements for the zone district in which the property is located. Pursuant
to the definition of setback in the Weld County Code, the required setback is
measured from the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International
Building Code, shall be constructed within a 200 foot radius of any tank battery or
within a 150 foot radius of any wellhead or within a 25 -foot radius of any plugged
or abandoned oil and gas well. Any construction within a 200 -foot radius of any
tank battery or 150 -foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
(Department of Building Inspection)
20. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Building Inspection)
21. Prior to the release of building permits, the applicant shall submit a recorded
deed describing the Lot upon which the building permit is requested with the
building permit applications. (Department of Building Inspection)
22. Building permits shall be obtained prior to the construction of any building.
Buildings that meet the definition of an Ag Exempt Building per the requirements
of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not
need building permits, however, a Certificate of Compliance must be filed with
the Planning Department and an electrical and/or plumbing permit is required for
any electrical service to the building or water for watering or washing of livestock
or poultry. (Department of Building Inspection)
23. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. (Department of Building
Inspection)
24. 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.
(Department of Building Inspection)
25. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII of the Weld County Code.
(Department of Planning Services)
26. 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)
27. 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)
28. 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
PUDZ18-0001 - Longs Peak Estates
8
on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
29. The applicant shall comply with Section 27-8-40 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of
the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that
the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(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: 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
PUDZ18-0001 - Longs Peak Estates
9
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.
G. The plat map shall be submitted to the Department of Planning Services' for recording
within sixty (60) days of approval by the Board of County Commissioners. (Department of
Planning Services)
H. The Department of Planning Services requests a digital copy of PUDZ18-0001.
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)
I. 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)
PUDZ18-0001 - Longs Peak Estates
10
August 09, 2018
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
BOWMAN MARK
4885 AVERY CT
ERIE, CO 80516
Subject: PUDZ18-0001 - Amended PUD Change of Zone of Longs Peak Estates to allow two homes per
lot in the PUD and remove septic envelopes
On parcel(s) of land described as:
LOTS 1 THROUGH 7 OF LONGS PEAK ESTATES PUD, BEING PART OF SECTION 9, T1 N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 4, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 24,
2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplannirgcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
,,
�i .
Michael Hall
Planner
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
April 24, 2018
BOWMAN MARK
4885 AVERY CT
ERIE, CO 80516
Subject: PUDZ18-0001 - Amended PUD Change of Zone of Longs Peak Estates to allow two homes per
lot in the PUD
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.
Respectfully,
/-"/
Michael Hall
Planner
FIELD CHECK
Inspection Date: 8/16/2018
Planner:
Case Number:
Owners:
Michael Hall Hearing Date: September 4, 2018
PU DZ18-0001
Brett E. & Tammy L. Russell
K5 Enterprises, LLC c/o Randy Kneebone
Colson, Inc. c/o Mark Bowman
Theresa Rizzo Brooks
Brian & Antonella Hempelmann
Representative: Colson, Inc. c/o Mark Bowman
Request:
Legal:
Location:
Total Acres:
Amended PUD Change of Zone of Longs Peak Estates (Z-543) to allow two residences per lot in
the PUD and remove the septic envelopes.
Lots 1 through 7 of Longs Peak Estates PUD (Z-543); 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
Situs Address:
4885 Avery Court
4881 Avery Court
2567 Dawn Court
2563 Dawn Court
2559 Dawn Court
2570 Dawn Court
2574 Dawn Court
Acres:
2.589
4.101
3.474
3.291
3.353
3.404
3.220
Owner:
Russell
K5 Enterprises, LLC
Colson, Inc.
Brooks
Hempelmann
Colson, Inc.
Colson, Inc.
Lot #:
1
2
3
4
5
6
7
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. No outbuildings were observed on
any of the 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. No outbuildings were observed on any of the lots. There are
fire hydrants located within both cul-de-sacs.
't /
,. /iii
Michael Hall, Planner
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