HomeMy WebLinkAbout20240079.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Shana Morgan. 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:
Applicant:
Planner:
Request:
Legal Description:
Location:
RLDF23-0002
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Diana Aungst
A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Three (3) Lots in the A (Agricultural) Zone District.
Lot B of Lot Line Adjustment LLA23-0009, being part of the NE1/4 cf Section 34,
Township 5 North, Range 65 West of the 6t~ P.M.. Weld County, Colorado.
South of and adjacent to County Road 52, west of and adjacent to County Road 45.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the Rural Land Division Final Plan application
requirements per Section 24-6-50 of the Weld County Code.
The submitted materials are in compliance with the Rural Land Division Final Plan review criteria. The
criteria for recommendation are located in Section 24-6-60.A.5 of the Weld County Code inclLding referral
agency and surrounding property owner comments and compliance with the regulations cortained in the
Weld County Code, specifically Section 24-6-10 the Rural Land Division Overview and Section 24-6-20
the Rural Land Division Standards.
3. The submitted materials are in compliance with the Rural Land Division Final Plan Overview per Section
24-6-10 of the Weld County Code, as follows:
A. 24-6-10.A states -- The Rural Land Division is an alternative process for development and review of
subdivisions proposing a maximum of four (4) lots in the A (Agricultural) Zone District. The Rural
Land Division process utilizes both the Sketch Plan and Final Plan application processes described in
Article VI of Chapter 24 of the Weld County Code, as amended. The Rural Land Division process
does not include a Change of Zone.
The proposal went through the Rural Land Div sion Sketch Plan phase, and, with tne exception of the
overall lot size of the parent parcel, it was the cpinion of the Department of Planning Services that the
proposed Rural Land Division will comply with Chapter 24, Article VI, Section 24-6-10 and 24-6-20 of
the Weld County Code.
B. 24-6-10.8 states -- Lots which are part of a Historic Townsite or any recorded Planned Unit
Development, major or minor Subdivision, Resubdivision or Recorded Exemption lots that do not
meet the criteria per Section 24-6-20.A. 7 of the Weld County Code, as amended, shall not be divided
by a Rural Land Division.
The proposed Rural Land Division Final Plan will be located on a newly created Lot B via Lot Line
Adjustment LLA23-0009. Lot B is 45.71 acres n size. This parent parcel was creased after a Lot Line
Adjustment, LLA23-0009, adjusted the Lot Ines between Lots A and B of 1AMRECX18-14-0020.
C. 24-6-10.C states -- A Rural Land Division may be considered a Non -Urban Scale Development or
Rural Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended.
A Rural Land Division can be considered either Non -Urban or Rural Scale Develcpment. The
definition of the following development classifications are as follows:
"Development. Rural Scale: Rural scale developments require a potable water source, private sewer
systems and internal roads. This development type allows remaining areas to be utilized for
agricultural purposes. open space and environmental conservation."
`Development Non -urban Scale: Developments comprised of nine (9) or fewer lots. These types of
developments are only permitted outside of one (1) mile of a municipal sewer line. Nonurban scale
RESOLUTION RLDF23-0002
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Page 2
developments require a public water source and public sewer or onsite wastewater treatment
systems (OWTS) Internal paved roads and storm drainage may be required "
The proposed Rural Land Division Is considered Non -Urban Scale Development because it is not
located within one (1) mile of municipal corporate limits or within one (1) mile of a municipal sewer
line Based on these criteria the proposed Rural Land Division is considered Non -Urban Scale
Development
D 24-6-10 D states -- The Resubdivision requirements shall be followed when proposing modifications
to a recorded Rural Land Division plat as descnbed in Article IX of Chapter 24 of the Weld County
Code, as amended Additional lots maybe created by the Resubdivision process within an existing
Rural Land Division, so long as the overall number of total lots m the existing Rural Land Division
does not exceed four (4) lots
If the proposed Rural Land Division Final Plan is approved by the Board of County Commissioners
and recorded, it will follow the Resubdivision process outlined in Article IX of Chapter 24 if lot lines
need to be adjusted or if there is desired to create additional lots
E 24-6-10 E states -- The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County
Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design
Standards per Chapter 24, Articles I, ll and Ill of the Weld County Code, as amended
The proposed Rural Land Division adheres to Chapters 22 and 23 of the Weld County Code, the
Subdivision General Provisions and Conformance Standards of Chapter 24 with two (2) exceptions
1) The proposed Rural Land Division does not meet Section 24-6-20 A 6 of the Weld County
Code The subject parcel is 45 71 acres in size which exceeds the maximum allows acreage
by 0 7 acres There is a Condition of Approval that requires that Lot B of LLA23-0009, the
subject parcel, be reduced to 45 00 acres net A corrected plat of LLA23-0009 is required
2) The Rural Land Division does not meet Section 23-3-70 - Bulk requirements of the Weld
County Code as the shed adjacent to Lot A of LLA23-0009 (on the east side) does not meet
the offset A Non -Conforming Structure application has been submitted for this structure
4 The submitted materials are in compliance with the Rural Land Division Final Plan Standards per Section
24-6-20 of the Weld County Code, as follows
1) Section 24-6-20 A 1 -- The property to be divided by the proposed Rural Land Division shall be
composed of legal lots
The proposed Rural Land Division Final Plan will be located Lot B of LLA23-0009
2) Section 24-6-20 A 2 -- Lots within a Rural Land Division shall be served by a public water supply
system
The three (3) residences associated with this three (3) Lot RLD each have a Central Weld County
Water District (CWCWD) tap No additional taps are requested or required The referral agency
comments from CWCWD, dated November 15, 2023, stated no concerns
3) Section 24-6-20 A 3 -- Lots within a Rural Land Division shall be served by an on -site wastewater
treatment system (OWTS) or public sewer
The Department of Public Health and Environment referral comments, dated November 7, 2023,
stated the following
RESOLUTION RLDF23-0002
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Page 3
There are residences on each of the three (3) lots and the application indicates that each lot has an
individual permitted on -site wastewater treatment system (OWTS) and a separate tap from Central
Weld County Water District
4) Section 24-6-20 A 4 -- The Rural Land Division shall only be approved on property located in the A
(Agricultural) Zone District
The proposed Rural Land Division will be located on property zoned A (Agricultural)
5) Section 24-6-20 A 5 -- Any proposed Rural Land Division must be separated by a minimum of 1,320
feet or one -quarter (10) mile, in any direction, as measured from the extenor property line of any
existing, platted Rural Land Division or Minor Subdivision
The nearest platted subdivision is Scotch Pines Estates located approximately 1 5 miles west of this
proposed Rural Land Division
6) Section 24-6-20 A 6 -- The maximum parcel size on which a Rural Land Division is proposed shall
not be greater than forty-five (45) acres
The subject parcel is 45 71 acres in size which exceeds the maximum allows acreage by 0 71 acres
There is a Condition of Approval that requires that Lot B of LLA23-0009, the subject parcel, be
reduced to 45 00 acres net A corrected plat of LLA23-0009 is required
7) Section 24-6-20 A 7 -- If the proposed Rural Land Division will be located on the largest lot of a
Recorded Exemption, the following applies
a The applicant shall apply fora Lot Line Adjustment per Chapter 24, Article X of the Weld County
Code, as amended, in conjunction with the Rural Land Division application, in orderto except out
a parcel of land that will contain the Rural Land Division
b The excepted parcel of land that will contain the Rural Land Division, shall be a maximum of
forty-five (45) acres
c The remaining acreage of the large Recorded Exemption lot shall not be less than one hundred
and twenty (120) acres
d The Lot Line Adjustment standard per Section 24-10-20 A 4 of Weld County Code, as amended,
does not apply to a Lot Line Adjustment processed in conjunction with a Rural Land Division
e The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded concurrently
f If the Rural Land Division is not approved, the Lot Line Adjustment will be void
Section 24-6-20 A 7 is not applicable as the parent parcel is a Lot Line Adjustment parcel and not the
largest lot of a Recorded Exemption
The subject parcel is Lot B of LLA23-0009 a 45 71 -acre parcel that was created to adjust the Lot lines
between Lots A and B of 1AMRECX18-14-0020 This subject parcel is required to be reduced to
45 00 acres per Section 24-6-20 A 6 and 24-6-20 A 7 c the maximum lot size is set at 45 acres
8) Section 24-6-20 A 8 -- The maximum number of lots within the Rural Land Division shall be four (4)
lots
The subject Rural Land Division is proposing three (3) lots
9) Section 24-6-20 A 9 -- The minimum lot size in a Rural Land Division shall be three (3) acres net
The smallest lot in the proposed Rural Land Division is approximately 6 39 acres in size
10) Section 24-6-20 A 10 -- Rural Land Divisions shall not be financed by a Title 32 Metropolitan District
This proposed Rural Land Division is not financed by a Title 32 Metropolitan District
RESOLUTION RLDF23-0002
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11) Section 24-6-20 A 11 -- A Homeowners Association is not required but may be voluntanly created
and managed by the residents within the Rural Land Division
A Homeowners Association is not being proposed with this Rural Land Division per the application
material
12) Section 24-6-20 A 12 -- Drainage and utihty easements within Rural Land Division shall follow
the easement standards per Chapter 24, Article Ill of the Weld County Code, as amended
A Utilities Coordinating Advisory Committee meeting (Utility Board) will be held on December 14,
2023, and the easement locations and widths of the easements shall be shown on the RLDF23-0002
plat per the outcome of that meeting
13) Section 24-6-20 A 13 -- The Rural Land Division lots shall be accessed via a single internal publicly
dedicated right-of-way and shall be pnvately maintained, according to a road maintenance agreement
applicable to all present and future lot owners
The subject Rural Land Division is proposing one internal 60 -foot wide, publicly dedicated, right-of-
way A condition of approval has been added to ensure a road maintenance agreement is executed
for the benefit of the current and future lot owners of the Rural Land Division
14) Section 24-6-20 A 14 -- No access easements are permitted within a Rural Land Division to serve
parcels within or not a part of the development
The access point where the internal road meets CR 52 is currently an access easement that was
created to allow access the two (2) (former) Recorded Exemption lots and, according to the Lower
Latham Reservoir Company's (LLRC) referral, dated October 4, 2023, the easement also allows
access to the seepage ditch The application materials state that this easement will be eliminated and
replaced with the internal road The LLRC referral, dated October 4, 2023, pp 2 states that there is an
easement at this location to allow access to the ditch An access easement to a ditch is not prohibited
by Section 24-6-20 A 14 therefore the proposed RLDF meets this requirement
15) Section 24-6-20 A 15 -- The Rural Land Division roadway shall intersect with a publicly
maintained nght-of-way
The proposed Rural Land Division internal roadway will intersect with County Road 52 County Road
52 is a publicly maintained right-of-way
16) Section 24-6-20 A 16 -- The Rural Land Division internal roadway shall be perpendicular to the
publicly maintained right-of-way
The proposed Rural Land Division internal roadway will be perpendicular to County Road 52 per the
application materials and draft plat
17) Section 24-6-20 A 17 -- The Rural Land Division shall not connect directly onto County artenal roads
or County, State, or Federal highways
County Road 52 is a gravel road and is designated as a local roadway per the Weld County
Functional Classification Map
18) Section 24-6-20 A 18 -- The Rural Land Division roadway shall be designed, constructed and
maintained by pnvate recorded agreement between the landowners within the Rural Land Division
A condition of approval has been added to ensure the applicant executes a recorded private
agreement for the maintenance of the Rural Land Division roadway This agreement will benefit the
current and future landowners within the Rural Land Division
RESOLUTION RLDF23-0002
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19) Section 24-6-20 A 19 -- The internal access roadway shall meet all safety cntena as outlined in
Chapter 8 Article XIV of the Weld County Code
Per the Development Review referral dated November 7, 2023, the proposed internal road is
designed as a cul-de-sac and shall meet all requirements of Chapter 8 of the Weld County Code
There shall be adequate publicly dedicated nght-of-way for the internal road The internal road shall
be privately maintained according to a road maintenance agreement applicable to all present and
future lot owners
Additionally, the referral states that, " the proposed internal road is lust north of the Lower Latham
Seepage Ditch The design of the road and right-of-way shall not impact the Ditch "
During the review of the Rural Land Division Sketch Plan the Lower Latham Reservoir Company
(LLRC) submitted a referral dated October 4, 2023, that included requirements about the LLRC
easements, the high ground water and potential for overtopping of the ditch, and the overall treatment
of the ditch LLRC did not submit referral comments for the Rural Land Division Final Plan, however,
staff is including a Condition of Approval that the applicant work with the s.LLRC
20) Section 24-6-20 A 20 -- The Rural Land Division shall be designed to meet the requirements of local
governments or districts to provide fire and police protection or other emergency services
Per the Development Review referral dated November 7, 2023, the proposed internal road is
designed as a cul-de-sac and shall meet all requirements of Chapter 8 of the Weld County Code
The LaSalle Fire Protection District submitted referral agency comments, dated November 17, 2023,
that outline the District's requirements for road design and the a requirement for hydrants or a fire
sprinkler system for the buildings
21) Section 24-6-20 A 21 -- The Rural Land Division shall be designed to preserve prime agncultural
land
The proposed Rural Land Division will be located on approximately forty (40) acres of land that are
designated as "Aquolls and Aquepts, flooded" and about five (5) acres of land that are designated as
"Not Prime Farmland" with low slope, Altvan loam per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report The acreage has historically been utilized as rural residential
with a USR for oil and gas support and service The original residence was constructed in 1954 No
Prime Farmland will be removed from production with the approval of this Rural Land Division
22) Section 24-6-20 A 22 -- The Rural Land Division shall be designed to preserve wetlands, wildlife
habitats, historical sites or bunal grounds
The proposed Rural Land Division will not negatively impact wetlands, wildlife habitats, historical sites
or burial grounds
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 RURAL LAND DIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING
Prior to recording the Rural Land Division Final Plat
A The applicant shall acknowledge the comments provided by the Department of Planning Services —
Addressing as stated in the referral response dated November 2, 2023 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services)
RESOLUTION RLDF23-0002
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Page 6
B The applicant shall submit a corrected Lot Line Adjustment plat showing that Lot B of LLA23-0009,
the subject property, is not larger than 45 acres (Department of Planning Services)
C The two water wells (127819-A and 299063) shall be converted to monitoring wells or plugged and
abandoned as the allowed uses on these two wells is primarily for internal household uses Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Services)
D The applicant shall address the referral comments from Lower Latham Reservoir Company (LLRC),
as stated in the referral response dated October 4, 2023 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Department of Planning Services)
E The applicant shall address the requirements of the LaSalle Fire Protection District, as stated in the
referral response dated November 17, 2023 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
F The applicant shall create and record a private agreement between the landowners within the Rural
Land Division for the maintenance of the Rural Land Division roadway Written evidence of such shall
be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
G An Improvements and Road Maintenance Agreement is required for on -site improvements at this
location for an internal roadway Off -site roadway improvements may be required as a part of the
agreement Road maintenance includes, but is not limited to, dust control and damage repair The
Agreement shall include provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements (Development Review)
H The applicant shall acknowledge the advisory referral comments from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated November 9, 2023 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
2 The Rural Land Division Plat shall delineate the following
A All pages shall be labeled RLDF23-0002 (Department of Planning Services)
B The plat shall be prepared per Section 24-6-70 of the Weld County Code (Department of Planning
Services)
C The plat shall contain the certification blocks per Appendix 24-B of the Weld County Code
(Department of Planning Services)
D All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
E Show and label the internal Rural Land Division roadway with the approved road name, width, radii,
surface type, etc A stop sign and road name sign shall be shown at the proposed intersection
(Department of Planning Services)
F Utility and drainage easements shall be delineated on the plat per Sections 24-3-60 and 23-3-180 of
the Weld County Code with the exception of any modifications made by the Weld County Utility
Advisory Committee (December 14, 2023) (Department of Planning Services)
G Label all new utility easements as "utility and drainage easement" (Department of Planning
Services)
H Existing easements are required to be shown and labeled with the book and page and/or reception
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number and date recorded (Department of Planning Services)
Show and label all gas lines, water, electricity, and telecom (if applicable) utilities (Department of
Planning Services)
J County Road 52 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road If the existing
right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code The applicant
shall also delineate the physical location of the roadway Pursuant to the definition of setback in the
Weld County Code Sec 23-1-90, the required setback is measured from the future right-of-way line
This road is maintained by Weld County (Development Review)
K Show and label the internal roadway and the publicly dedicated right-of-way used to access the Lots
from the maintained County Road 52, from the lots to and including the maintained County Road
access point All setbacks shall be measured from the edge of right-of-way This road will not be
maintained by Weld County Show and label the right-of-way as "Platted Right-of-way, not County
maintained " (Development Review)
L Show and label the proposed development access point onto CR 52 and the usage type (i e
Development Access) The access location will be reviewed as a part of the plat submittal
(Development Review)
M Show and label the drainage flow arrows (Development Review)
3 The following notes shall be delineated on the Rural Land Division Final Plat
1) A Site Specific Development Plan and Rural Land Division Final Plan, RLDF23-0002, forthe creation
of three (3) Lots in the A (Agricultural) Zone District, subject to and governed by all applicable Weld
County Regulations (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) The lots shall adhere to the bulk standards of the A (Agricultural) zone district, as amended, with the
exceptions outlined in NCU15-0005 and NCU23-0008 (Department of Planning Services)
4) There are two (2) existing structures located on Lot 1 that are considered nonconforming structures
due to the encroachment into the setback of CR 52 Case NCU15-0005 was established for these
two (2) structures equipment building (92'x61') and cattle shed (48'x32') The property owner is
required to maintain compliance with Chapter 23, Article VII of the Weld County Code (Department
of Planning Services)
5) The existing shed on Lot 2 is considered to be a nonconforming structure due to the encroachment in
the offset from Lot A of LLA23-0009 Case NCU23-0008 has been established for this structure This
structure is required to maintain compliance with Chapter 23, Article VII of the Weld County Code
(Department of Planning Services)
6) All existing and future uses for in the Rural Land Division are subject to A -(Agricultural) Zoning
requirements as shown in Chapter 23, Article III, Division 1 of the Weld County Code, as amended
(Department of Planning Services)
7) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County
Code, as amended (Department of Planning Services)
8) The installation of any new utilities shall comply with Sections 24-3-60 and Section 24-3-180 of the
RESOLUTION RLDF23-0002
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Weld County Code and the requirements of the service providers Any property owner shall not
construct any improvements within identified easements (Department of Planning Services)
9) Utility and drainage easements shall comply with Sections 24-3-60 and 23-3-180 of the Weld County
Code with the exception of any modifications made by the Weld County Utility Advisory Committee
(December 14, 2023) (Department of Planning Services)
10) A Homeowners Association is not required but may be voluntarily created and managed by the
residents within the Rural Land Division (Department of Planning Services)
11) The Rural Land Division roadway shall be designed, constructed and maintained by private recorded
agreement between the landowners within the Rural Land Division (Department of Planning
Services)
12) Stop signs and street name signs will be required at all intersections (Department of Planning
Services)
13) 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)
14) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Development Review)
15) Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Development Review)
16) 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)
17) The Property Owner shall comply with all requirements provided in the executed Improvements Road
Maintenance Agreement with Up -Front On -Site Improvements (Development Review)
18) The Improvements Road Maintenance Agreement with Up -Front On -Site Improvements for this site
may be reviewed on an annual basis, including a site visit and possible updates (Development
Review)
19) The historical flow patterns and runoff amounts will be maintained on the site (Development Review)
20) Water service may be obtained from Central Weld County Water District (Department of Public
Health and Environment)
21) The parcels are currently not served by a municipal sanitary sewer system Sewage disposal may be
by on -site wastewater treatment systems (OWTS) 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)
22) 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)
All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(Department of Planning Services)
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
RESOLUTION RLDF23-0002
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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)
24) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
25) Failure to Comply - The property owner shall comply with the recorded plat notes and lot
configuration Noncompliance may result in the withholding Weld County permits (Department of
Planning Services)
26) The Resubdivision process shall be followed when proposing changes to a recorded Rural Land
Division plat as described in Article VI of Chapter 24 of the Weld County Code, as amended
(Department of Planning Services)
27) 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 people 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
28) WELD COUNTY'S RIGHT TO FARM STATEMENT 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
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, f lies 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
RESOLUTION RLDF23-0002
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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 arid -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, sandburs, 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
4 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon
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 The plat shall be prepared in accordance with the
requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat and additional
requirements shall be submitted within one -hundred -eighty (180) days from the date of the Board of
County Commissioners resolution The applicant shall be responsible for paying the recording fee
5 Failure to Record If the Rural Land Division plat has not been recorded within one hundred eighty (180)
days from the date of approval by the Board of County Commissioners, or if an applicant is unable to
meet any of the conditions within one hundred eighty (180) days of approval, the Director of Planning
Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a
written request by the applicant If the applicant is unwilling to meet any of the conditions of approval or
the extension expires, the application will be forwarded to the Board of County Commissioners for
reconsideration The entire application may be considered for denial by the Board of County
Commissioners Alternatively, the Board of County Commissioners may consider upholding, modifying or
removing the contested conditions of approval
6 Failure to Construct If no construction has begun in the Rural Land Division within three (3) years of the
date of the approval of the Rural Land Division Final Plan, the Department of Planning Services may
require the property owner to appear before the Board of County Commissioners and present evidence
substantiating that the Final Plan has not been abandoned and that the applicant possesses the
willingness and ability to continue the Rural Land Division The Board of County Commissioners may
extend the date for initiation of the Rural Land Division construction and shall periodically require the
applicant to demonstrate that the Rural Land Division has not been abandoned If the Board of County
Commissioners determines that conditions supporting the original approval of the Rural Land Division
Final Plat have changed or that the property owner cannot implement the Rural Land Division Final Plat,
the Board of County Commissioners may, after a public hearing, revoke the Rural Land Divtsion Final Plat
and order the recorded Rural Land Division vacated
RESOLUTION RLDF23-0002
Sharp Trust
Page 11
7 Prior to Construction
A The approved access permit shall be obtained, as well as tracking control shall be constructed prior
to on -site construction (Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
8 The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has
been approved and recorded per Section 30-28-110(4), C R S
9 In accordance with Appendix 5-J of the Weld County Code, should the Rural Land Division Final 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 3 -month period
10 No subdivision development shall commence until a Rural Land Division Final Plan application is
approved and a Rural Land Division Final Plat is recorded in the Weld County Clerk and Recorder's
Office and the improvements be constructed per the terms of the Improvements Agreement
11 Following recordation of the Rural Land Division Final Plat, the property owners shall create and record
deeds for all the newly created lots, deeds shall include the legal description of each lot and the reception
of the Rural Land Division Final Plat New deeds are required even if lots will remain under the same
ownership Failure to do so may create issues with the proper assessment of the lots by the Weld County
Assessor's Office and may create a clouded chain of title
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Against Passage Absent
Skip Holland
Barney Hammond
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 Commissioners for further proceedings
Certification of Cop/
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 December 5, 2023
Dated the 5th of December 2023
InceG1e IL& bazit
Michelle Wall
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, December 5, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch. at 1:32 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes. Pamela Edens, Michael Pa izzi. Shana
Morgan, Virginia Guderjahn.
Absent: Barney Hammond.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Maxwell Nader, Department of Planning
Services. Lauren Light, Department of Health, Karin McDougal, County Attorney, and Michelle Wall,
Secretary.
Motion: Approve the November 7, 2023, 2023 Weld County Planning Commission minutes. Moved by
Butch White, Seconded by Shana Morgan. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
RLDF23-0002
Sharp Trust
Diana Aungst
A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Three (3) Lcts in the A (Agricultural) Zone District.
Lot B of Lot Line Adjustment LLA23-0009, being pad of the NE1/4 of Section 34,
Township 5 North, Range 65 West of the 6:h P.M., Weld County, Colorado.
South of and adjacent to County Road 52; west of and adjacent to County Road
45.
Diana Aungst, Planning Services. presented Case RLDF23-0002, reading the recommendation and
comments into the record. The Planning Department did not receive any comments back from
surrounding property owners.
A Utility Board Hearing is scheduled for December 14, 2023, where locations and widths of easements
will be determined and put on the final plat.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light; Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Donovan Sharp, 21588 County Road 52. Greeley, Colorado. Mr. Sharp explained that this property was
his parents home and that they left it to him and his siblings. He said the property has been messed up
for years. It had a USR that included a main house and secondary home. They also had a Resorded
Exemption which the third home was on. Mr. Sharp is wanting to clean it up and make it right and have
one house per lot.
Commissioner Edens asked Mr. Sharp if each house has access to the main road. Mr. Sharp said that
each house has everything it needs to be a stand-alone property. Each house has an address access.
water tap.. gas meter, and septic system. He just wants to put two lot lines in.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the 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 RLDF23-0002 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 Shana Morgan, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Virginia
Guderjahn
Absent Skip Holland
Commissioner Wailes complimented the applicant for his hard work on getting the property lines cleaned
up He said he knows it is a lot of hard work
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss
Meeting adjourned at 5 22 p m
Respectfully submitted,
ill,l& b
Michelle Wall
Secretary
ATTENDANCE RECORD
December 5. 2023
NAME
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