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Home My WebLink About20243198.tiffCORRECT RESOLUTION (Corrected as to inclusion of recording information for PF-1129) RE: GRANT PLANNED UNIT DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF24-0002 (FORMERLY KNOWN AS PF-1129), TO REMOVE A BUILDING ENVELOPE ON LOT 3, BLOCK 2 OF THE HOME RANCH PUD - JEREMY AND TANYA KLAUSNER 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 11th day of December, 2024, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Jeremy and Tanya Klausner, 36157 Kyle Place, Windsor, Colorado 80550, requesting a Planned Unit Development Final Plan Minor Amendment, PUDF24-0002 (formerly known as PF-1129), to remove a building envelope on Lot 3, Block 2 of The Home Ranch PUD, recorded under reception number 3571643 on August 12, 2008, for a parcel of land located on the following described real estate, to -wit: Lot 3, Block 2 of The Home Ranch PUD; being part of the SW1/4 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, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant, 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 27-2-30.B of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 27-2-10.K as follows: A. Section 27-2-10.K.1 — The PUD Amendment will: "Maintain compatibility within the PUD and to adjacent surrounding uses." 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 two and one-half (2.5) acres in size, that comprise this PUD. The building envelopes were not required by the County on the original PUD in 2008, and the removal of this building envelope will not affect the compatibility of the PUD with existing surrounding land uses. B. Section 27-2-10.K.2 — The PUD Amendment will: "Be in general conformity with the Comprehensive Plan found in Chapter 22 of this Code and any County -approved future development plans for the area." 5021721 Pages: 1 of 3 04/09/2025 10:10 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Cc: PL(DE/KN/DA/KR) ASR (SG), CA(K,-r', APPL., APPI. REP. off /22 /2S 2024-3198 PL2939 11111 I dli11 it 11111 PUD FINAL PLAN, PUDF24-0002 - JEREMY AND TANYA KLAUSNER PAGE 2 1) Section 22-2-30.A.2 — The PUD Amendment will: "Limit the density and intensity of development to maintain agricultural areas." There are eight (8) lots, each greater than two and one-half (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 the building envelope. C. Section 27-2-10.K.3 — The PUD Amendment will: "Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral agency or mineral interest." The PUD is located within the three (3) mile referral area of the Towns of Severance and Windsor, each of which returned referral agency responses indicating no conflict with their interests, dated September 23, 2024, and September 19, 2024, respectively. No concerns were outlined in the referral agency comments received. D. Section 27-2-10.K.4 — The PUD Amendment will: "Comply with the standards detailed in this Section 27-2-10, Article Ill of Chapter 27, and Article Ill of Chapter 24 of the Weld County Code." The removal of a building envelope is not a significant change to the PUD. This PUD will continue to comply with Section 27-2-10 with the removal of the building envelope. E. Section 27-2-10.K.5 — The PUD Amendment will: "Be consistent with the efficient development and preservation of the entire PUD." 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. The building envelopes were not required by the County on the original PUD in 2008, and the removal of this building envelope will not affect efficient development and preservation of the entire PUD. F. Section 27-2-10.K.6 — The PUD Amendment will: "Not affect in a substantially adverse manner either the enjoyment of land abutting or across a street from the PUD or the public interest." The PUD is north of and adjacent to County Road 74, and there is a buffer between the first lot and the road. The land uses south of County Road 74 are rural residential and agricultural. The removal of the building envelope will not affect the properties across the street or the public interest. G. Section 27-2-10.K.7 — The PUD Amendment is not considered a "special benefit". The PUD is in harmony with surrounding land uses as the original configuration of The Home Ranch PUD (PF-1129) lots is 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 fourth (4th) request to remove a building envelope. In 2015, PUDF15-0001 was approved for the removal of the building envelope on Lot 2, Block 1; in 2023, PUDF23-0004 was approved for the removal of the building envelope on Lot 1, Block 2; and in 2017, PUDF17-0003 was reviewed for the removal 5021721 Pages: 2 of 3 04/09/2025 10:10 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Prat F17lag IA;G+LP 11%l �.�I III III 2024-3198 PL2939 PUD FINAL PLAN, PUDF24-0002 - JEREMY AND TANYA KLAUSNER PAGE 3 of a building envelope on Lot 3, Block 2 of The Home Ranch PUD, but was not completed. PUDF24-0002 is a re -submittal of PUDF17-0003. 3. Section 27-2-30.C.8 — If the PUD amendment is for the sole purpose of removing building envelopes or septic envelopes, no plat shall be required, and the Board Resolution shall be recorded with the Clerk and Recorder's Reception number and date of recording for the original plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Jeremy and Tanya Klausner for a Planned Unit Development Final Plan Minor Amendment, PUDF24-0002 (formerly known as PF-1129), to remove a building envelope on Lot 3, Block 2 of The Home Ranch PUD, be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ddt,f4,, Weld County Clerk to the Board BY: AP bIJOAlLS'1 dC- Deputy Clerk to the Board ounty Attorney it61 Date of signature: U $ I Z" 'PLY VI WELD COU Kevin D."Ross, Chair Perry L. BJ k, Pro-Tem i Saine 5021721 Pages: 3 of 3 04/09/2025 10:10 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII IKrl M III 2024-3198 PL2939 RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF24-0002 (FORMERLY KNOWN AS PF-1129), TO REMOVE A BUILDING ENVELOPE ON LOT 3, BLOCK 2 OF THE HOME RANCH PUD - JEREMY AND TANYA KLAUSNER 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 11th day of December, 2024, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Jeremy and Tanya Klausner, 36157 Kyle Place, Windsor, Colorado 80550, requesting a Site Specific Development Plan and Planned Unit Development Final Plan Minor Amendment, PUDF24-0002 (formerly known as PF-1129), to remove a building envelope on Lot 3, Block 2 of The Home Ranch PUD, for a parcel of land located on the following described real estate, to -wit: Lot 3, Block 2 of The Home Ranch PUD; being part of the SW1i4 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, 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 Planning Commission, 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 27-2-30.B of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 27-2-10.K as follows: A. Section 27-2-10.K.1 — The PUD Amendment must: "Maintain compatibility within the PUD and to adjacent surrounding uses." 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 two and one-half (2.5) acres in size, that comprise this PUD. The building envelopes were not required by the County on the original PUD in 2008, and the removal of this building envelope will not affect the compatibility of the PUD with existing surrounding land uses. B. Section 27-2-10.K.2 — The PUD Amendment must: "Be in general conformity with the Comprehensive Plan found in Chapter 22 of this Code and any County -approved future development plans for the area." cc :PL. (r) UMW IDAIKR), ASR(s&), CA(K►,), APPL., APPL. REP. O2 /05 /25 2024-3198 PL2939 PUD FINAL PLAN, PUDF24-0002 - JEREMY AND TANYA KLAUSNER PAGE 2 1 Section 22-2-30.A.2 — The PUD Amendment must: "Limit the density and intensity of development to maintain agricultural areas." There are eight (8) lots, each greater than two and one-half (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 the building envelope. C. Section 27-2-10.K.3 — The PUD Amendment must: "Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral agency or mineral interest." The PUD is located within the three (3) mile referral area of the Towns of Severance and Windsor, both of which returned referral agency responses indicating no conflict with their interests, dated September 23, 2024, and September 19, 2024, respectively. No concerns were outlined in the referral agency comments received. D. Section 27-2-10.K.4 — The PUD Amendment must: "Comply with the standards detailed in this Section 27-2-10, Article Ill of Chapter 27, and Article Ill of Chapter 24 of the Weld County Code." The removal of a building envelope is not a significant change to the PUD. This PUD will continue to comply with Section 27-2-10 if the removal of the building envelope is approved. E. Section 27-2-10.K.5 — The PUD Amendment must: "Be consistent with the efficient development and preservation of the entire PUD." 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. The building envelopes were not required by the County on the original PUD in 2008, and the removal of this building envelope will not affect efficient development and preservation of the entire PUD. F Section 27-2-10.K.6 — The PUD Amendment must: "Not affect in a substantially adverse manner either the enjoyment of land abutting or across a street from the PUD or the public interest." The PUD is north of and adjacent to County Road 74, and there is a buffer between the first lot and the road. The land uses south of County Road 74 are rural residential and agricultural. The removal of the building envelope will not affect the properties across the street or the public interest. G. Section 27-2-10.K.7 — The PUD Amendment must: "Not be granted solely to confer a special benefit upon any person." The PUD is in harmony with surrounding land uses as the original configuration of The Home Ranch PUD (PF-1129) lots is 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 fourth (4th) request to remove a building envelope. In 2015, PUDF15-0001 was approved for the removal of the building envelope on Lot 2, Block 1; in 2023, PUDF23-0004 was approved for the 2024-3198 PL2939 PUD FINAL PLAN, PUDF24-0002 - JEREMY AND TANYA KLAUSNER PAGE 3 removal of the building envelope on Lot 1, Block 2; and in 2017, PUDF17-0003 was reviewed for the removal of a building envelope on Lot 3, Block 2 of The Home Ranch PUD, but was not completed. PUDF24-0002 is a re -submittal of PUDF17-0003. 3. Section 27-2-30.C.8 — If the PUD amendment is for the sole purpose of removing building envelopes or septic envelopes, no plat shall be required, and the Board Resolution shall be recorded with the Clerk and Recorder's Reception number and date of recording for the original plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Jeremy and Tanya Klausner for a Site Specific Development Plan and Planned Unit Development Final Plan Minor Amendment, PUDF24-0002 (formerly known as PF-1129), to remove a building envelope on Lot 3, Block 2 of The Home Ranch PUD, on the above referenced parcel of land, be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT-O@tORAOO ATTEST: ,! ?.7_,MLA LA) ,X lie: Weld County Clerk to the Board BY: W 4/49771 - Deputy Clerk to the Board APVED County • ttorney `713 Date of signature: 2— -0 Kev'-= Ross, Chair Perry L. B 0k, Pro-Tem Lori Saine 2024-3198 PL2939 Hello