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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle/Diana Aungst
RES24-0001
Parcel No.: 0961-03-3-00-011
Sunset Industrial, LLC, c/o Chris Leone
105 Coronado Court, Unit A-101, Fort Collins, CO 80525
J & T Consulting, Inc., c/o J.C. York
305 Denver Avenue, Suite D, Fort Lupton, CO 80621
Resubdivision to vacate dedicated rights -of -way
Lot B Lot Line Adjustment LLA23-0010; being part of the W2 of Section 3, T5N, R65W
of the 6th P.M., Weld County, CO
North of and adjacent to East 8th Street; approximately 700 -feet east of N. Cherry
Avenue (County Road 43)
Water supply: NWCWD Account #2184003 Sewer Service: OWTS #SP -2400028
Lot Size total: +/- 85.14 acres 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:
➢ Weld County Oil and Gas Energy Department, referral dated February 27, 2024
➢ Weld County Department of Public Health and Environment, referral dated March 7, 2024
➢ Weld County Planning Services — Floodplain Administrator, referral dated March 21, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated March 14, 2024
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
➢ City of Greeley, referral dated March 15, 2024
➢ Town of Kersey, referral dated February 27, 2024
The Department of Planning Services' Staff has not received responses from the following agencies:
➢ Town of Garden City
➢ Greeley Fire Department
➢ North Weld County Water District
➢ Greeley -Weld County Airport Authority
RES24-0001 I Sunset Industries LLC
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Narrative:
The applicant is proposing to vacate portions of rights -of -way according to the subdivision of lands by the
Union Colony of Colorado as recorded on April 17, 1891 under reception #39743. This action will allow the
legal layout to match the physical layout of the lot and will prevent future title and legal lot issues. The
subject parcel is served by North Weld County Water District, account #2184003, and an onsite wastewater
treatment system (OWTS #SP -2400028).
The original Union Colony Lands Subdivision, recorded April 17, 1891, reception #39743, shows the
general layout of the Blocks and Tracts. Many of these Blocks and Tracts have been combined and
subdivided over time. There have been several other replats of Union Colony Lands, including the Anderson
Minor Subdivision recorded June 13, 2007, reception #3483116, (City of Greeley), was not addressed in
the Ogilvy Third Annexation recorded July 2, 1985, reception #2105596 (City of Greeley) and the Greeley -
Weld County Airport Planned Unit Development (PUD), recorded January 8, 2001, reception #2817761.
This proposed resubdivision does not address other Blocks, Tracts and Lots in Union Colony Lands 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 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 provides potable water service via Account #2184003
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 -2400028 will provide sanitary sewer
service to the existing residence.
RES24-0001 I Sunset Industries LLC
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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 advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated February 27, 2024. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Weld County Oil and Gas Energy
Department)
B. The plat shall be amended to delineate the following:
1. All sheets shall be labeled RES24-0001. (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. Show the existing right-of-way to be vacated. Include the right-of-way creation document
information. Label as "Vacated By This Plat." (Development Review)
7. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way for SH 263 (also E. 8th Street). (Development
Review)
8. Show the approved Colorado Department of Transportation (CDOT) access point(s) on the
plat and label with the approved access permit number if applicable. (Development Review)
9. This portion of E 8th Street (also SH 263) is under the jurisdiction of the City of Greeley. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the
approved access(es) on the site plan and label with the approved access permit number if
applicable. (Development Review)
10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services — Floodplain)
C. The following notes shall be delineated on the Resubdivision Plat:
1. Resubdivision, RES24-0001, requests to vacate portions of right-of-way according to the
subdivision of lands by the Union Colony of Colorado. (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)
RES24-0001 I Sunset Industries LLC
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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 on the sites shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
9. A Flood Hazard Development Permit is required for all construction or development occurring
in the floodplain or floodway as delineated on Federal Emergency Management Agency
(FEMA) FIRM Community Panel Maps # 08123C -1541F and 1542F dated March 23, 2023
(Cache la Poudre River). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements
as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services — Floodplain)
10. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services — Floodplain)
11. The installation of any septic system within the 100 -year floodplain shall comply with the Weld
County O.W.T.S. floodplain policy. (Department of Planning Services — Floodplain)
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.
RES24-0001 I Sunset Industries LLC
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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
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.
RES24-0001 I Sunset Industries LLC
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