HomeMy WebLinkAbout20243188.tiffPlanner:
Case Number:
Applicant:
Representative:
Request:
Description:
Location:
Lot Size total: +/- 1.05 acres
LAND USE APPLICATION
SUMMARY SHEET
Molly Wright
RES24-0008
Cimarron Land Company LLC
48645 County Road 29, Eaton, CO 80648
Hearing Date: December 11, 2024
Weld County Department of Planning Services c/o Elizabeth Relford
1402 N 17th Avenue, Greeley, CO 80631
Resubdivision to vacate dedicated rights -of -way
Right-of-way; Being part of the NE4 of Section 32, T6N, R65W of the 6th P.M., Weld
County, CO
South of and adjacent to O Street; east of and adjacent to Weld County Way
Zoning: 1-3 (Heavy Industrial)
The criteria for review of this Resubdivision are listed in Chapter 24, Article IX of the Weld County Code.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
❖ Division of Water Resources, referral dated September 23, 2024
❖ Weld County Department of Planning Services — Development Review, referral dated October 2, 2024
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
❖ Eaton Fire Protection District, referral dated September 12, 2024
❖ Weld County Oil and Gas Energy Department, referral dated September 23, 2024
❖ Weld County Department of Public Health and Environment, referral dated September 18, 2024
The Department of Planning Services' Staff has not received responses from the following agencies:
❖ City of Greeley
❖ Colorado Parks and Wildlife
❖ North Weld County Water District
RES24-0008 I Cimarron Land Company LLC
Page 1 of 5
Narrative:
The applicant is proposing to vacate a portion of the Cimmaron Court right-of-way located in the Cimarron
Land Company LLC Minor Subdivision MINF19-0001 as recorded on February 26, 2020, under reception
#4569726. Specifically vacate about 326 feet of northern portion of Cimarron Court west of and adjacent to
Lot A of RECX15-0069 (parcel number 0803-32-1-00-001). A Lot Line Adjustment, LLA24-0022, is also in
process to combine the vacated right-of-way with Lot A of RECX15-0069.
This proposed Resubdivision does not address other Lots in Cimarron Land Company LLC Minor
Subdivision and no easements are removed, modified, or proposed under this Resubdivision request. No
new lots are being created by this Resubdivision.
The Department of Planning Services' staff recommends that this request be approved for the following
reasons:
1. It is the opinion of the Department of Planning Services that the proposed request is in compliance with
the subdivision requirements of Section 24-9-10.A, Section 24-9-20, Section 24-9-30, Section 24-9-
90.H and Section 24-9-90.K of the Weld County Code.
A. Per Article IX, Section 24-9-90.H of the Weld County Code, a resubdivision within a recorded
subdivision plat is the appropriate method to vacate right-of-way. The subject resubdivision
application was submitted using the requirements of the Chapter 24, Article IX and was processed
and reviewed using the requirements adopted in Ordinance 2020-16 on December 28, 2020.
B. Per Article IX, Section 24-9-90.K of the Weld County Code, vacations of a recorded Subdivision
plat shall comply with all current Zoning and Subdivision regulations per Chapter 23 and Chapter
24 of the Weld County code ass amended. The request is to vacate purported internal road rights -
of -way and does not change the character of the subdivision.
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 agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
A. Section 24-9-10.A of the Weld County Code states in part: "The Resubdivision process is used to
modify a Historic Townsite, Minor Subdivision, Rural Land Division or recorded Subdivision plat to
add or consolidate lots".
This Resubdivision is being utilized to vacate right-of-way associated within a recorded Minor
Subdivision.
B. Section 24-9-20.A.4 of the Weld County Code states: "Resubdivision lots shall be served by an
adequate water source."
North Weld County Water District will provide potable water service following the Lot Line
Adjustment (LLA24-0022), to combine this section of vacated right-of-way with parcel number
0803-32-1-00-001.
C. Section 24-9-20.A.5 of the Weld County Code states: "Resubdivision lots shall be served by an
on -site wastewater treatment system (OWTS existing) or public sewer."
Onsite Wastewater Treatment System (OWTS) Permit #SP -1700423 will provide sanitary sewer
service to the existing business following the Lot Line Adjustment (LLA24-0022), to combine this
section of vacated right-of-way with parcel number 0803-32-1-00-001.
RES24-0008 I Cimarron Land Company LLC
Page 2 of 5
This Resubdivision is approved with the following conditions of approval in accordance with information
submitted in the application and the policies of Weld County.
1. Prior to Recording the Resubdivision Plat:
A. The applicant shall acknowledge the comments of the Division of Water Resources as stated in
their referral dated September 23, 2024. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit LLA24-0022 and RES24-0008 at the same time for recording.
C. The plat shall be amended to delineate the following:
1. All sheets shall be labeled RES24-0008. (Department of Planning Services)
2. The plat shall be prepared per Section 24-9-50. of the Weld County Code. (Department of
Planning Services)
3. The plat shall contain the certification blocks per Appendix 24-E of the Weld County Code. Do
not include the Department of Planning Services — Administrative Review Certificate, the
Lienholder Certificate, or the Utility Service Provider Certificate. (Department of Planning
Services)
4. Show the right-of-way to being vacated with a dashed line type and show the existing lot
boundary with a heavy -weight line type. (Department of Planning Services)
5. Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number. (Department of Planning Services)
6. County Road 64 (O Street) is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate and label on the plat the existing right-
of-way and future rights -of -way (along with the creating document for the existing right-of-way)
and the physical location of the road. (Development Review)
7. Weld County Way is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate and label on the plat the existing right-
of-way (along with the creating document for the existing right-of-way) and the physical location
of the road. (Development Review)
8. Cimarron Court is a privately maintained paved road located within the MINF19-0001 minor
subdivision. It currently provides access for Lot A of RECX15-0069, Lots 1-4 of MINF19-0001,
and Outlot A of MINF19-0001. The applicant shall delineate and label on the plat the existing
right-of-way, the portion of the right-of-way being vacated, and the physical location of the road.
(Development Review)
D. The following notes shall be delineated on the Resubdivision Plat:
1. Resubdivision, RES24-0008, requests to vacate portions of right-of-way according to the
subdivision of lands by the Cimarron Land Company LLC Minor Subdivision MINF19-0001.
(Department of Planning Services)
2. Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24,
C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of
Planning Services)
3. Allowed uses in the Resubdivision consist of 1-3 (Heavy Industrial) uses as listed in Chapter
23, Article III, Division 4 of the Weld County Code. (Department of Planning Services)
RES24-0008 I Cimarron Land Company LLC
Page 3 of 5
4. The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article
IX of the Weld County Code. (Department of Planning Services)
5. 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 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 Planning
Services)
6. 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)
7. Access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Development Review)
9. 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. (Development Review)
10. All access, drainage, and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
(Development Review)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
12. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
2. The Resubdivision revised draft plat shall be submitted once an application is approved. The applicant
shall electronically submit the draft plat in PDF format to the Department of Planning Services for
Planning and Public Works review. Planning staff will send the draft plat back to the applicant with
redline comments to be incorporated in the revised plat. There may be subsequent rounds of review.
Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit
the signed and notarized approved plat to the Department of Planning Services. The approved plat
shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning
Services. The approved plat and additional requirements shall be recorded within one hundred twenty
(120) days from the date the administrative review was signed or from the date of approval by the Board
of County Commissioners. The applicant shall be responsible for paying the recording fee.
3. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted
for recording with the recording fee to the Planner. The plat shall be signed and notarized by the
property owners. If approved by the Department of Planning Services, the Planning Director shall sign
the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat.
4. Per Appendix 5-J of the Weld County Code should the plat not be recorded within the required one
hundred twenty (120) days from the date the Resolution was signed, a $50.00 Recording Continuance
RES24-0008 I Cimarron Land Company LLC
Page 4 of 5
fee shall be assessed for each additional three (3) month period that the plat has not been recorded,
beyond the initial one hundred twenty (120) days.
RES24-0008 I Cimarron Land Company LLC
Page 5 of 5
Hello