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PLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
Diana Aungst Hearing Date: January 31, 2024
PUDF23-0004
D F23-0004
Eric Gertge
36149 Kyle Place, Windsor, CO 80550
A Minor Amendment to The Home Ranch PUD (PF-1129) to remove the building envelope
on Lot 1, Block 2
Lot 1, Block 2 of The Home Ranch PUD (PF-1129); being part of Section 32, T7N, R67W of
the 6th P.M., Weld County, Colorado
Address: 36149 Kyle Place, Windsor, CO 80550
Location: West of and adjacent to Kyle Place and approximately 200 feet north of CR 74
Acres: +1- 3.51 acres Parcel Number: 0705-32-3-02-001
The review criteria for this Final Plan are listed in Section 27-7-40 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated October 30, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated November 15, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Severance, referral dated October 30, 2023
➢ West Greeley Conservation District, referral dated November 13, 2023
➢ Colorado Division of Water Resources, referral dated November 27, 2023
➢ Weld County Oil and Gas Energy Department, referral dated November 1, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Windsor
➢ Colorado Parks and Wildlife
➢ Windsor/Severance Fire Rescue
➢ Weld County RE -4 School District
➢ Weld County Department of Planning Services - Building Department
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CASE SUMMARY:
The applicant is requesting the removal of the building envelope on the subject property in order to
construct an outbuilding outside of the current location of the building envelope. The house is located within
the building envelope and the applicant has received approval from the HOA to build the outbuilding but
since the site for the outbuilding is located outside of the building envelope the building envelope needs to
be removed prior to construction.
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 27-7-30 of the
Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27 -7 -40.C.1 --That the proposal is consistent with Chapters 19, 22, 23, 24, and 26 of the Weld
County Code
Section 22-2-30.A.2 - "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 building 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 2008 and the removal of this building envelope will not affect the compatibility
of the PUD with existing surrounding land uses.
Section 22-2-30.C, - "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 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 third (3Vd) 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 but PUDF17-0003 was not completed.
Chapter 23 details the allows 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
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.
B. Section 27 -7 -40.C.2 --That 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.
Removal of this building envelope will not change the uses allowed under the original PUD.
C. Section 27-7-40.C.3 --That the uses which would 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 projected by Chapter 22 of the Weld County Code or master plans of affected
municipalities.
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The PUD is located within the 3 -mile referral areas of the Towns of Severance and Windsor. The
Town of Severance returned a referral response indicating no conflict with their interests dated
October 30, 2023. The Town of Windsor did not return a referral agency response.
D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to
serve the uses permitted within the proposed PUD in compliance with the performance standards in
Article II, Chapter 27 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.C.5 -- That 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.C. 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 cancellation and
release of collateral for The Home Ranch on August 17, 2009.
G. Section 27-7-40.C.7 -- That 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 these comments that were received during the original application.
H. Section 27 -7 -40.C.8 --If compatibility exists between the proposed uses and criteria listed in the
development guide, and the final plan exactly conforms to the development guide.
The removal of a building envelope on Lot 1, Block 2 does not change the specific development
guide that was submitted with the original final plan application.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. The Planned Unit Development Final Plan plat shall delineate the following:
A. The PUD plat shall be labeled The Home Ranch PUD, Amendment, PUDF23-0004. (Department of
Planning Services)
B. The PUD plat 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.
(Department of Planning Services)
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C. All utility easements shall adhere to the requirements of the Weld County Utility Advisory Committee
(April 10, 2008 Utility Board Hearing). (Utility Advisory Committee)
D. Label all utility easements as "drainage and utility easement." (Department of Planning Services)
E. All easements are required to be shown per book and page and/or reception number and date.
(Department of Planning Services)
F. The PUD plat shall utilize plat certificates letters A, D, and F as located in Appendix 24-A of the Weld
County Code. (Department of Planning Services)
G. 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. Show and label the right-of-way. Show the approved access on
the site plan and label with the approved access permit number, if applicable. (Development Review)
H. Show the two internal roads: Kyle Place and Hannah Way. Show location of roads within the ROW.
Show the right-of-way width and access to public right-of-way for the internal roads. (Development
Review)
I. Show and label the drainage flow arrows. (Development Review)
2. The following notes shall be included on the Planned Unit Development Final Plan plat:
A. 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.
(Department of Planning Services)
B. The purpose of this new PUD plat is to remove the building envelope from Lot 1, Block 2 of The
Home Ranch PUD. (Department of Planning Services)
C. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of the Weld
County Code. (Department of Planning Services)
D. The open space lot is non -buildable for residential structures or structures providing habitable
space. (Department of Planning Services)
E. Water service shall be obtained from the North Weld County Water District. (Department of
Planning Services)
F. This 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. (Department of Planning Services)
G. 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. (Department of Planning Services)
H. 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. (Department of Planning Services)
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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. (Department of Planning Services)
J. 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. (Department of Planning Services)
K. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
L. The PUD internal roadway shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Development Review)
M. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
N. Weld County is not responsible for the maintenance of onsite internal roads. (Development
Review)
O. 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. (Department of Planning Services)
P. The Weld County Sheriff's Office has limited traffic enforcement powers on roadways within
subdivisions that are not maintained by the County. (Department of Planning Services)
Q. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity.
(Department of Planning Services)
R. Weld County's Right to Farm statement, as delineated on this plat, shall be recognized at all times.
(Department of Planning Services)
S. Stop signs and street name signs will be required at all intersections. (Department of Planning
Services)
T. 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. (Department of Planning Services)
U. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Department of Planning Services)
V. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services)
W. Installation of utilities shall comply with Section 24-3-60 of the Weld County Code. (Department of
Planning Services)
X. 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 has 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
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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, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
Y. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
Z. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly
prohibited in the septic absorption field site. (Department of Planning Services)
AA. 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. (Department
of Planning Services)
BB. 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. (Department of Planning Services)
CC. The property owner shall be responsible for complying with the Performance Standards of Chapter
27, Articles II and VIII, of the Weld County Code. (Department of Planning Services)
DD. 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)
EE. 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. (Department of Planning Services)
FF. 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)
GG. Section 27-8-60 of the Weld County Code - 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.
HH. Section 27-8-70.A of the Weld County Code - 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 thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners
within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the
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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.
II. Section 27-8-70.B of the Weld County Code - Any PUD Zone District approved in a final plan shall
be considered as being in compliance with Chapter 24 of this Code and Section 30-28-101, et seq.,
C.R.S..
JJ. The PUD Final Plan 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 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' staff.
(Department of Planning Services)
4. The Planned Unit Development Final Plan plat shall be submitted to the Department of Planning Services
for recording within one hundred and twenty (120) days of approval by the Board of County
Commissioners. (Department of Planning Services)
5. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final
Plan 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.
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