HomeMy WebLinkAbout20242454.tiffRESOLUTION
RE: APPROVE RESUBDIVISION, RES24-0004, OF LOTS 1 THROUGH 8 OF BLOCK 4,
AND THAT PART OF VACATED 6TH STREET AND ALLEYS OF THE TOWN OF
CARR, AND ASSOCIATED VACATION OF THE SOUTH 40 FEET OF
LINCOLN AVENUE RIGHTS -OF -WAY, AND THE WEST 40 FEET OF 5TH STREET
RESULTING IN ONE (1) LOT - PATRICK AND ARTA WILLIAMS
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, the Board of County Commissioners held a public hearing on the 25th day of
September, 2024, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Patrick and Arta Williams, 9391 County Road 126, Carr, Colorado
80612, for a Resubdivision, RES24-0004, of Lots 1 through 8 of Block 4, and that part of vacated
6th Street and alleys of the Town of Carr, and associated vacation of the south 40 feet of
Lincoln Avenue rights of way, and the west 40 feet of 5th Street resulting in one (1) lot, on the
following described real estate, being more particularly described as follows:
Lots 1-8 and vacated right-of-way of Block 4 of
Carr Town; being part of the NE1/4 NW1/4 of
Section 27, Township 11 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were present and represented by
Brian Church, 9391 County Road 126, Carr, Colorado 80612, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicants and the recommendation of the
Weld County Department of Planning Services and all of the exhibits and evidence presented in
this matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 24-9-90.H of the Weld County Code.
2. The proposed request is in compliance with the subdivision requirements of
Chapter 24, Article IX as follows:
A. Section 24-9-10.A 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 consolidate lots and rights -of -way within the platted
Townsite of Carr, that was recorded on July 13, 1907, under
Reception No. 121148.
B. Section 24-9-20.A.3 states: "The minimum parcel size of any Resubdivision
Lot shall be determined by the underlying zone district or Historic Townsite
requirements, per Chapter 23, Articles 111 and V of the Weld County Code,
4988348 Pages: 1 of 6 CC: PL (ER/MN /DA/KR/kW)
Carly 6Koppes,1CC1erk and Recorder, Weld County , CO p►SR(SG),CA0313), APPL• 2024-2454
IIIIII 1./2S/2&t PL2931
RESUBDIVISION (RES24-0004) - PATRICK AND ARTA WILLIAMS
PAGE 2
as amended."The parcel size, after the Resubdivision, is roughly 3.4 acres.
This acreage does not meet the minimum 35 -acre requirement, as stated
in the Agricultural Zone District. However, these lots were created in 1907,
and by combining them together nonconformity is being reduced.
C. Section 24-9-20.A.4 states: "Resubdivision lots shall be served by an
adequate water source." The proposed Resubdivision lot is served by an
individual well, Permit #333014, which is permitted for residential use. This
Resubdivision will not impact this use of this well.
D. Section 24-9-20.A.5 states: "Resubdivision lots shall be served by an
On -site Wastewater Treatment System (OWTS) or public sewer." The
proposed Resubdivision lot will be served by an existing OWTS,
#G19850112. Any new residences will require an additional OWTS to be
installed and properly permitted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Patrick and Arta Williams, for a Resubdivision,
RES24-0004, of Lots 1 through 8 of Block 4, and that part of vacated 6th Street and alleys of the
Town of Carr, and associated vacation of the south 40 feet of Lincoln Avenue rights -of -way, and
the west 40 feet of 5th Street resulting in one (1) lot, on the parcel of land described above, be,
and hereby is, granted subject to the following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The plat shall be amended to delineate the following:
1) All pages shall be labeled RES24-0004.
2) The plat shall be prepared, per Section 24-9-50 of the Weld County
Code.
3) The plat shall contain the certification blocks, per Appendix 24-E of
the Weld County Code.
4) The applicant shall show the lot lines being adjusted with a dashed
line type and show the new lot boundary with a heavy -weight line
type.
5) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number, or Reception
number.
6) Stevenson Avenue 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. The
applicant shall delineate and label the existing right-of-way, along
4988348 Pages: 2 of 6
10/16/2024 10:57 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
2024-2454
PL2931
I+1i114Ida lid "III
RESUBDIVISION (RES24-0004) - PATRICK AND ARTA WILLIAMS
PAGE 3
with its creating documents, and the physical location of
Stevenson Avenue on the plat.
7) 5th Street 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. The applicant
shall delineate and label the existing right-of-way, along with its
creating documents, and the physical location of 5th Street on the
plat.
8) The applicant shall show and label the existing access point on
Stevenson Avenue, located approximately 145 feet west of
5th Street. The access label shall include the applicable usage
types (Agricultural, Residential, and/or Oil and Gas). Development
Review will review access locations as a part of the plat submittal.
9) The applicant shall show the existing access point on
Stevenson Avenue, located approximately 55 feet west of
5th Street, and label it, "TO BE CLOSED AND RECLAIMED".
10) The applicant shall show the existing access points on
Stevenson Avenue, located approximately 145 feet west of
5th Street and label it as, "TO BE CLOSED AND RECLAIMED".
11) The applicant shall show and label the proposed residential access
on Stevenson Avenue, located approximately 260 feet west of
5th Street. Label the access as "PROPOSED RESIDENTIAL
ACCESS".
12) The applicant shall provide Reception numbers for all previously
vacated right-of-way located within the proposed Resubdivision.
13) The applicant shall provide a right-of-way vacation statement to
protect all utilities located within the proposed right-of-way being
vacated by this plat.
14) The applicant shall include language for the vacated right-of-way in
the plat title.
15) The applicant shall provide and delineate a utility easement, at a
width specified by the utility owner, for any existing utility located
within any right-of-way to be vacated.
B. The following notes shall be delineated on the Resubdivision Plat:
1) Resubdivision, RES24-0004, consolidates Lots 1 through 8 of
Block 4 and that part of vacated 6th Street and alleys of the Town
of Carr and associated vacation of the south 40 feet of Lincoln
4988348 Pages: 3 of 6
10/16/2024 10:57 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2024-2454
PL2931
RESUBDIVISION (RES24-0004) - PATRICK AND ARTA WILLIAMS
PAGE 4
Avenue rights -of -way and the west 40 feet of 5th Street resulting in
one (1) lot.
2) Approval of this plan may create a Vested Property Right, pursuant
to Title 24, Article 68 of C.R.S., as amended, and Chapter 23,
Article VIII of the Weld County Code.
3) Allowed uses in the Resubdivision consist of A (Agricultural) uses,
as listed in Chapter 23, Article III of the Weld County Code.
4) The Resubdivision shall comply with all the regulations and
requirements of Chapter 24, Article IX of the Weld County Code.
5) Installation of utilities and requirements of the service providers
shall comply with Section 24-3-60 of the Weld County Code.
6) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
7) Access to the site shall be maintained to mitigate any impacts to
Stevenson Avenue, including damages and/or off -site tracking.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from an appropriately permitted
individual well.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment 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.
11) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment Systems 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.
12) The owners should be aware that while they may be able to obtain
a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited
to specific uses, i.e., domestic use only, etc. Also, the
4988348 Pages: 4 of 6
10/16/2024 10:57 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111114UrdltiriM114 C4 4'M 11111
2024-2454
PL2931
RESUBDIVISION (RES24-0004) - PATRICK AND ARTA WILLIAMS
PAGE 5
applicant/owner should be made aware that groundwater may not
meet all drinking water standards, as defined by the Colorado
Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to
consumption and periodically test it over time.
13) HISTORIC TOWNSITE STATEMENT: Historic Townsites are an
important part of Weld County's history, culture, and economy.
These subdivisions were created in the late 19th and early 20th
centuries. Persons moving into Historic Townsites must recognize
and accept there are potential drawbacks in Historic Townsites that
may not be present in modern subdivisions, including concerns
related to stormwater drainage, water supply limitations, setbacks
between wells and septic systems, road access, and road
maintenance. Weld County does not maintain internal roads within
Historic Townsites unless expressly authorized by Resolution of the
Board of County Commissioners.
C. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for
preliminary approval to the Weld County Department of Planning Services.
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 review by the Departments of Planning
and Public Works. 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
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 Director of the Department of Planning
Services shall sign the plat. If approved by the Board of County Commissioners,
the Chair of the Board shall sign the plat.
4. In accordance with Appendix 5-J of the Weld County Code, should the 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.
4988348 Pages: 5 of 6
10/16/2024 10:57 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Bii��R;�aN���,i��k�i�����l��r«��������ti��
2024-2454
PL2931
RESUBDIVISION (RES24-0004) - PATRICK AND ARTA WILLIAMS
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .-..44)
Weld County Clerk to the Board
Al±140 Iciobt dc
Deputy Clerk to the Board
APP' OVED A
County Bey
' I Date of signature: 01,1 2-r
4988348 Pages: 6 of 6
10/16/2024 10:57 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
EXCUSED
Keyiap. Ross, Chair
Perry
L.Bt6k, Pro-Tem
'ke Fre-man
II
acne
2024-2454
PL2931
Hello