HomeMy WebLinkAbout20183020.tiff E%HIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION � , �
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by David Stahl , Sr. , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : PUDZ18-0001
APPLICANT: COLSON , INC . , C/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7
LOTS )
PLANNER : MICHAEL HALL
REQUEST : AMENDED PUD CHANGE OF ZONE OF LONGS PEAK ESTATES (Z-543 ) TO
ALLOW TWO HOMES PER LOT IN THE PUD AND REMOVE SEPTIC
ENVELOPES
LEGAL DESCRIPTION : LOTS 1 THROUGH 7 OF LONGS PEAK ESTATES PUD , BEING PART OF THE N2
OF SECTION 9 , T1 N , R68W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 12 ; WEST OF AND ADJACENT TO AVERY
CT ; NORTH AND SOUTH OF AND ADJACENT TO DAWN COURT.
be recommended favorably to the Board of County Commissioners 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. 8 . 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), Ch, apter23 (Zoning), Chapter24 (Subdivision) and Chapter26 (Regional
Urbanization Areas) of the Weld County Code.
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 Gounty 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 ( OWTS) . 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 .
8. Section 27-6- 120. 8. 6. b - TYe uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article ll, Chapter 27 of the
Weld County Code.
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, CIO MARK BOWMAN
PAGE 2
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 27-6-120.8.6. 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 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 27-6-120.8.6.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 27-6-120.8.6.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.
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, CIO MARK BOWMAN
PAGE 3
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 27-6-120.6.8.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.
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 -1 J 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. 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
RESOLUTION PUDZ18-0001
COLSON , INC . , BRET & TAMMY RUSSELL , K5 ENTERPRISES , LLC , THERESA RIZZO BROOKS , BRIAN &
ANTONELLA HEMPELMANN , C/O MAR: K BOWMAN
PAGE 4
Public Work:s)
7 . The applicart 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)
D . 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 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 , that shall be limited to
1 , 500 square feet 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 ot Approval stated hereon and all applicable Weld County Regulations .
( Department of Planning Services)
2 . The two (2 ) ��ommon 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 Ser��ices)
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)
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, CIO MARK BOWMAN
PAGE 5
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)
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)
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, 0/O MARK BOWMAN
PAGE 6
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 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.
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, C/O MARK BOWMAN
PAGE 7
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users into
a rural area. Well -run agricultural activities will generate off -site impacts, including
noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust
from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and
the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual
disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, 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.
E. 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)
F. 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)
G. Prior to Construction:
1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
RESOLUTION PUDZ18-0001
COLSON, INC., BRET & TAMMY RUSSELL, K5 ENTERPRISES, LLC, THERESA RIZZO BROOKS, BRIAN &
ANTONELLA HEMPELMANN, CIO MARK BOWMAN
PAGE 8
required. (Department of Public Works)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Bruce Sparrow
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
David Stahl, Sr.
Against Passage
Absent
Bruce Johnson
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 4, 2018.
Dated the 4th of September, 2018
Michelle Wall
Secretary
1� � Y�'1 � °� � � � �
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EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING D ,(�
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� �
Tuesday, September 4 , 2018 - -
�� �� � �
A regular meeting of the Weld County Planning Commission was held in the Weld County Adminis�r�faon
Building , Hearing Room , 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Gene Stille, at 12 : 30 pm .
Roll Call.
Present: Bruce Sparrow, David Stahl , Sr. , Elijah Hatch , Gene Stille, Lonnie Ford , Richard Beck, Torn Cope.
Absent: Bruce Johnson , Michael Wailes
Also Present: Kim Ogle, Chris Gathman , Diana Aungst, Michael Hall , Angela Snyder, Department of
Planning Services ; Lauren Light and Ben Frissell , Department of Heaith ; Evan Pinkham , Public Works;
Frank Haug , County Attorney, and Michelle Wall , Secretary.
CASE NUMBER: PUDZ18-0001
APPLICANT: COLSON , INC. , C/O MARK BOWMAN (AUTHORIZED
REPRESENTATIVE FOR 7 LOTS)
PLANNER: MICHAEL HALL
REQUEST: AMENDED PUD CHANGE OF ZONE OF LONGS PEAK ESTATES (Z-
543) TO ALLOW TWO HOMES PEfZ LOT IN THE PUD AND REMOVE
SEPTIC ENVELOPES
LEGAL DESCRIPTION : LOTS 1 THROUGH T OF LONGS PEAK ESTATES PUD, BEING PART
OF THE R12 OF SECTION 9 , T1 N , R68W OF THE 6TH P . M . , WELD
COUNTY, COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 12 ; WEST OF AND ADJACENT TO
AVERY CT; NORTH AND SOUTH OF AND ADJACENT TO DAWN
COURT.
Michael Hall , Planning Services , presented Case PUDZ18-0001 , reading the recommendation and
comments into the record . The Plan � ing Department received five letters in opposition to this case from
four surrounding property owners and one letter from outside the surrounding property owner area. The
Department of Planning Services recammends approval of this application with the attached conditions of
approval and development standards .
Commissioner Sparrow asked Michael about the term " maximum foundation length " and wondered if that
was because the property is located above mines. Michael said it is a requirement from the Colorado
Geological Survey and they want any one foundation wall length to be under sixty feet; if it jogs, it can go
over that.
Commissioner Cope asked of the seven lots, how many homes are already built or under construction . Mr.
Hall answered that two houses are built, and one is under construction .
Evan Pinkham , Public Works , reporte� on the existing trafFic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Commissioner Cope asked what is the intent for having an additional septic system envelope. Ms. Light
said it could be because of how the envelopes were created on the original plan because it really restricts
the owner on where they can place the house.
Mark Bowman , 15711 Rito Alto Road , Broomfield , Colorado, said this plat was started in 1999 . His son and
he acquired this from the developer in 2016 . It was put in the covenants and recorded that a guest
house/carriage house could be built on each lot. The applicant was advertising that a guest house/carriage
house could be built on each lot because it was �tated in the covenants. Mr. Bowman was told that he
1
could not do that with the current zoning of the property. He stated that many of the surrounding properties
have additional buildings built on their properties.
Commission Sparrow asked if all the people who have purchased a lot are under the understanding that
they can build a second home. Mr. Bowman said that was correct.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Chad Leese, 4652 Peakview Street, Erie, Colorado, said that the original developer, Darrell Propp, spoke
to the neighborhood and everyone came to the agreement that five lots would be along the back and two
lots would be on County Road 12. Mr. Leese was unaware of the second home allowed in the convenance.
He said the neighborhood is concerned that allowing a second home on each lot could add another five
single family homes to the area causing a lot more traffic to the small road. They are also concerned about
safety and dust. Mr. Leese said many of the homes do have additional agricultural buildings on their lots
that are used for their livestock.
Adison Leese, 4651 Peakview Street, Erie, Colorado, stated he moved to his property forty-eight years ago.
He is concerned because they were told there would be five homes and now there may be ten homes. Mr.
Leese feels if this is allowed, then he should also have the right to build another home on his property.
Barbara Jean Nelson, 4701 Peakview Street, Erie, Colorado, said this will affect her property values if the
second dwelling size isn't limited. Her extra buildings are for agriculture, not more people who bring more
traffic. Ms. Nelson is concerned about noise and safety of the animals and children. She wonders if there
will be a stipulation on the size of the second home; can it be a full 3,000 square -foot residence or can it be
smaller.
The chair asked the applicant to come forward to address the concerns. Commissioner Beck asked if there
are any square foot limitations for the house size of the second home. Mr. Bowman explained there are
not any limitations in the current convenance. Mr. Bowman stated that Lot 5 was sold, and the owners are
not going to build a second home on the property; they are going to build a barn. He doesn't have anyone
that has specifically asked to build a second home at this time.
Commissioner Stahl asked the Planning Department if it would be appropriate to put a limitation on the size
of the second home. Mr. Hall replied that the Planning Commission could consider that change.
Commissioner Stahl asked the applicant if he would be willing to set a limitation on the size of the second
home. The applicant replied that he would be willing to do that.
Commissioner Stille asked Mr. Hall if there were any Development Standards that the Planning Commission
needed to be addressed. He explained if they would like to include a Development Standard to limit size
of the second home they could add it to Development Standard 1.D.1.(1) to read "The PUDZ allows for
Estate Zone District bulk requirement and uses plus one (1) second residence per each residential lot that
shall be limited to". There was discussion to limit the second home to 1,500 square feet.
Motion: Amend Development Standard 1.D.1. to read "The PUDZ allows for Estate Zone District bulk
requirement and uses plus one (1) second residence per each residential lot that shall be limited to 1,500
square feet, Moved by Tom Cope, Seconded by David Stahl, Sr.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Tom Cope.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case PUDZ18-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by David Stahl, Sr., Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Tom Cope.
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Commissioner Cope stated that he is always against placing a second home on a property in a subdivision
because he feels the intent of the subdivision is to build one house per lot. He feels this is a different
situation because of the original discussion of allowing a second home.
The meeting was adjourned at 6:49 p.m.
Respectfully submitted,
Michelle Wall
Secretary
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