HomeMy WebLinkAbout20240174.tiffRESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF23-0004 (FORMERLY
KNOWN AS PF-1129), TO REMOVE A BUILDING ENVELOPE ON LOT 1, BLOCK 2
OF THE HOME RANCH PUD - ERIC GERTGE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 31st day of January, 2024, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Eric Gertge,
36149 Kyle Place, Windsor, Colorado 80550, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan Minor Amendment, PUDF23-0004 (formerly known as
PF-1129), to remove a building envelope on Lot 1, Block 2 of The Home Ranch PUD, fora parcel
of land located on the following described real estate, to -wit:
Lot 1, Block 2 of The Home Ranch PUD; being part
of Section 32, Township 7 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Department of Planning Services, and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-7-40.D as follows:
A. Section 27-7-40.D.1 — The proposal is consistent with Chapters 19, 22, 23,
24, and 26 of the Weld County Code.
1) Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The PUD amendment
is a request to remove a building envelope in order to build an
outbuilding on a part of the lot that is outside the building envelope.
There are eight (8) lots, each greater than 2.5 acres in size, with a
total density of 3.4 dwelling units/acres (DU/AC). The density will
not change with the removal of this building envelope. The building
envelopes were not required by the County on the original PUD in
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MINOR AMENDMENT, PUDF23-0004 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
PUD) - ERIC GERTGE
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2008, and the removal of this building envelope will not affect the
compatibility of the PUD with existing surrounding land uses.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The PUD is in harmony with surrounding
land uses, as the original configuration of The Home Ranch PUD
(PF-1129) lots are not changing. The removal of the building
envelope opens up additional portions of the lot for construction of
outbuildings or additions to the single-family residence. Home
Ranch PUD is an eight (8) lot PUD and this is the third (3rd) request
to remove a building envelope. In 2015, PUDF15-0001, was
approved for the removal of the building envelope on Lot 2, Block 1,
and in 2017, PUDF17-0003, was reviewed for the removal of a
building envelope on Lot 3, Block 2 of The Home Ranch PUD;
however, PUDF17-0003 was not completed.
Chapter 23 details the allowed land uses within each of the adopted
Zone Districts. The application does not request to alter the zoning.
The proposed amendment to remove the building envelope is not
addressed in Chapter 19, therefore, per the 2008 Board of County
Commissioner Resolution, this Amended PUD is compliant with the
PUDZ/Estate Zone District and the Coordinated Planning
Agreements, per Chapter 19 of the Weld County Code.
Chapter 26, Regional Urbanization Areas, is no longer applicable.
Seven (7) of the eight (8) property owners signed a letter stating
that they have no concerns with this request. Staff received one (1)
letter of objection on January 22, 2023. The letter states there are
alternative actions that Weld County can take that will allow the
homeowner to complete their proposed construction project while
maintaining the benefits of having a building envelope. The letter
emphasizes that views to the west, toward the mountains, are
important, and the subdivision was platted with these western view
corridors in mind. The location of the subject property is such that
the views to the west will not be blocked for the property owner who
submitted the letter of objection.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed
Amended PUD will conform with the performance standards of the PUD
Zone District, contained in Chapter 27, Article II of the Weld County Code.
Removal of this building envelope will not change the uses allowed under
the original PUD.
C. Section 27-7-40.D.3 — The uses which will be permitted will be compatible
with the existing or future development of the surrounding area, as
permitted by the existing zoning, and with the future development, as
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projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The PUD is located within the three (3) -mile referral
areas of the Towns of Severance and Windsor. The Town of Severance
returned a referral response dated October 30, 2023, indicating no conflict
with their interests. The Town of Windsor did not return a referral agency
response.
D. Section 27-7-40.D.4 — Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed
Amended PUD, in compliance with the performance standards in Chapter
27, Article II, of the Weld County Code. The existing Home Ranch PUD is
approved to be served by the North Weld County Water District and by On -
site Wastewater Treatment Systems (OWTS).
E. Section 27-7-40.D.5 - 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 approved PUD has an approved access onto
County Road 74.
F. Section 27-7-40.D.6 — In the event the street or highway facilities are not
adequate, the applicant shall supply information, which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities,
in conformance with the Transportation Sections of Chapters 22, 24 and
26, if applicable. An Improvements Agreement and collateral were
accepted by the Board of County Commissioners on May 14, 2008, for
internal roadway improvements for The Home Ranch PUD. The Board of
County Commissioners approved the partial cancellation and release of
collateral for the Home Ranch on September 15, 2008. The Board of
County Commissioners approved the full cancellation and release of
collateral for The Home Ranch on August 17, 2009.
G. Section 27-7-40.D.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 original final plan application, from 2008, demonstrated
compliance with overlay districts, commercial mineral deposits, and soil
conditions. The applicant addressed comments pertaining to an existing oil
and gas interest on the site and comments from the Colorado Geological
Survey during the original Change of Zone application process. This
proposed PUD amendment does not impact or change any of the
comments that were received during the original application.
H. Section 27-7-40.D.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 removal of a building envelope
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on Lot 1, Block 2, does not change the Specific Development Guide that
was submitted with the original Final Plan application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Eric Gertge for a Site Specific Development Plan and
Planned Unit Development Final Plan Minor Amendment, PUDF23-0004 (formerly known as
PF-1129), to remove a building envelope on Lot 1, Block 2, of The Home Ranch PUD, on the
above referenced parcel of land, be, and hereby is, granted subject to the following conditions:
1. The Planned Unit Development Final Plan Minor Amendment plat shall delineate
the following:
A. The PUD plat shall be labeled The Home Ranch PUD, Minor Amendment,
PUDF23-0004.
B. The PUD plat shall be prepared in accordance with Section 27-9-40 of the
Weld County Code, except it shall delineate only Lot 1, Block 2, of The
Home Ranch PUD and the change to the building envelope.
C. All utility easements shall adhere to the requirements of the Weld County
Utility Advisory Committee (Utility Board Hearing), which commenced on
April 10, 2008.
D. Label all utility easements as "drainage and utility easement."
E. All easements are required to be shown, per book and page and/or
Reception number and date.
F. The PUD plat shall utilize plat certificates letters A, D, and F, as located in
Appendix 24-A of the Weld County Code.
This portion of County Road 74 is under the jurisdiction of the Town of
Windsor. Please contact the municipality to verify the right-of-way. The
applicant shall show and label the right-of-way, as well as show the
approved access on the site plan and label with the approved Access
Permit number, if applicable.
H. The applicant shall show the two internal roads: Kyle Place and Hannah
Way, and show the location of roads within the ROW. Show the right-of-
way width and access to public right-of-way for the internal roads.
I. The applicant shall show and label the drainage flow arrows.
J. The following notes shall be included on the Planned Unit Development
Final Plan Minor Amendment plat:
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1) The Final Plat allows for PUD zoning for eight (8) lots with E (Estate)
Zone uses, along with 7.07 acres of open space, as indicated in the
application materials on file, and subject to, and governed by, the
Conditions of Approval stated hereon and all applicable Weld
County regulations.
2) The purpose of this new Minor Amendment PUD plat is to remove
the building envelope from Lot 1, Block 2, of The Home Ranch PUD.
3) Approval of this plan may create a vested property right, pursuant
to Section 23-8-20 of the Weld County Code.
4) The open space lot is non -buildable for residential structures or
structures providing habitable space.
5) Water service shall be obtained from the North Weld County Water
District.
6) This Minor Amendment PUD is in rural Weld County and is not
served by a municipal sanitary sewer system. Sewage disposal
shall 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.
7) A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to,
one (1) acre in area. The applicant shall contact the Colorado
Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit, for
more information.
8) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
9) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.
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10) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
11) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
12) The PUD internal roadway shall be maintained to mitigate any
impacts to the public road, including damages and/or off -site
tracking.
13) The historical flow patterns and runoff amounts on the site will be
maintained.
14) Weld County is not responsible for the maintenance of on -site
internal roads.
15) A Homeowners' 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, along with the enforcement of Covenants.
16) The Weld County Sheriffs Office has limited traffic enforcement
powers on roadways within subdivisions that are not maintained by
Weld County.
17) All landscaping within the site distance triangles must be less than
three and one-half (3.5) feet in height at maturity.
18) Weld County's Right to Farm statement, as delineated on this plat,
shall be recognized at all times.
19) Stop signs and street name signs will be required at all
intersections.
20) All signs, including entrance signs, shall require Building Permits.
All signs shall adhere to Article IV, Division 2 of the Weld County
Code. These requirements shall apply to all temporary and
permanent signs.
21) Building Permits issued on the lot will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, County Facility
Fee and Drainage Impact Fee Programs.
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22) Installation of utilities shall comply with Section 24-3-60 of the Weld
County Code.
23) Building Permits may be required for any new construction, set up
of manufactured structures, or change of use of existing buildings,
per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical
Code, and Chapter 29 of the Weld County Code. A Building Permit
application must be completed and two (2) complete sets of
engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado Registered Engineer,
or an Open Hole Inspection shall be required. A Building Permit
must be issued prior to the start of construction.
24) All buildings shall comply with the setback from oil and gas wells,
per Section 23-4-700, as amended.
25) Activities such as permanent landscaping, structures, dirt mounds
or other items are expressly prohibited in the septic absorption field
site.
26) Building height shall be measured in accordance with the applicable
Building Code, for the purpose of determining the maximum
building size and height for various uses and types of construction,
and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code
in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to
the farthest projection from the building. Property lines shall be
clearly identified, and all property pins shall be staked prior to the
first site inspection.
27) Prior to release of Building Permits for residential construction, a
letter of approval from the Windsor -Severance Fire Protection
District shall be provided to the Department of Building Inspection.
28) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the
Weld County Code.
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29) 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 stated herein and
all applicable Weld County regulations.
30) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services, and
adopted Weld County Code and policies.
31) No development activity shall commence on the property, nor shall
any Building Permits be issued, until the Minor Amended Final Plan
has been approved and recorded.
32) Section 27-8-60 — Failure to commence a PUD Final Plan. If no
construction has begun, or no use established in the PUD within
one (1) year 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.
33) Section 27-8-70.A — Failure to Comply with the PUD Final Plan. The
Board of County Commissioners may serve written notice upon
such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such
deficiencies of maintenance be cured within 30 days, thereof.
A hearing shall be held by the Board of County Commissioners
within 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.
34) Section 27-8-70.6 — Any PUD Zone District approved in a Final Plan
shall be considered as being in compliance with Chapter 24 of the
Weld County Code and C.R.S. §30-28-101, et seq.
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35) The PUD Final Plan Minor Amendment shall comply with all
regulations and requirements of Chapter 27 of the Weld County
Code.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) electronic copy (.pdf) of the Planned Unit Development Final Plan
Minor Amendment plat for preliminary approval to the Weld County Department of
Planning Services. Upon County approval of the plat, the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services.
4. The Planned Unit Development Final Plan Minor Amendment plat shall be
submitted to the Department of Planning Services for recording within 120 days of
approval by the Board of County Commissioners.
5. In accordance with Appendix 5-J of the Weld County Code, should the Planned
Unit Development Final Plan Minor Amendment plat not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance fee shall be added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: C,, t J
Weld County Clerk to the Board
BY: a/ 10 -c O a,
Deputy Clerk to the Board
AP
County Attorney
Z
Date of signature:
WELD COUNTY,
Kevig- -j oss, Chair
Mike Freeman
Scott'K. James
Saine
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