HomeMy WebLinkAbout20240084.tiffWeld County Referral
Y
October 31, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Sharp Trust and 21842-52, LLC Case Number: RLDF23-0002
Please Reply By: November 17, 2023 Planner: Diana Aungst
Project: Rural Land Division Final Plan for the creation of three (3) Lots in the A (Agricultural) Zone
District.
Parcel Number: 096134100051-R8957400 Legal: LOT B REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld County,
Parcel Number: 096134100050-R8957399 Legal: LOT A REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld County,
Location: South of and adjacent to County Road 52; west of and adjacent to County Road 45.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
P
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Billie Moore
Agency Weld County Building Dept - addressing
Date 11/02/2023
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
RLDF23-0002
RLDK23-0001
Planner: Diana Angust
PT NE4 34-5-65
ZONED AG
NOT IN FLOOD PLAIN
RIF AREA #4
CENTRAL WELD COUNTY WATER DISTRICT
ENGINEERED INDIVIDUAL SEPTIC SYSTEMS
XCEL ENERGY
WELD SCHOOL DIST 6
LASALLE FIRE DEPT
GREELEY DOWNTOWN PO
PRELIMINARY ADDRESSING
NEW ADDRESS
EXISTING ADDRESS
Lot 1
TBD
21842 CR 52
Lot 2
TBD
Lot 3
TBD
21588 CR 52
The existing addresses for the improved lots will change based on approved access
location. Provide a street name and will either be Way or Lane. Addressing will need to be
verified at final plat.
MEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, DRE
DATE: November 7, 2023
SUBJECT: RLDF23-0002 Sharp Trust
This proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning. Staff comments made during this phase of the application process may not be all-
inclusive, as other issues may arise during the remaining application process.
COMMENTS:
Parcel(s): 096134100051. Lot B AMRECX18-14-0020; 096134100050 Lot A AMRECX18-14-0020.
The project proposes to: Rural Land Division Final Plan for the creation of three (3) Lots in the A
(Agricultural) Zone District.
ACCESS:
Weld County Development Review has reviewed the application materials related to access.
The applicant is proposing to use the existing permitted access onto CR 52 (AP20-00615 Residential and
AP14-00126 O&G) for the development access for the internal road. The applicant shall obtain a
development access permit for this site prior to construction.
The application materials indicate that all other access points (permitted and unpermitted) onto CR 52 shall
be closed and reclaimed.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHT-OF-WAY:
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. The applicant shall delineate on
the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot
be verified it shall be dedicated or reserved per Weld County Code. 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. Be
aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld
County.
It is noted that the eastern portion of CR 52 at the intersection with CR 45 is not within the resolution right-
of-way. This portion of the road would be labeled as " CR 52 Maintained ROW, No Documentation."
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldqov.com/departments/public works/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
INTERNAL ROAD
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 adequately publicly dedicated right-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.
It is noted that the proposed internal road is just north of the Lower Latham Seepage Ditch. The design of
the road and right-of-way shall not impact the Ditch.
TRAFFIC
No recent traffic counts exist for this portion of CR 52.
The traffic information submitted with the application materials indicates that there will be only residential
traffic associated with the three lots.
No additional traffic information is needed.
IMPROVEMENTS ROAD MAINTENANCE AGREEMENT WITH UP -FRONT ON -SITE IMPROVEMENTS
Development Review is requesting an Improvements Road Maintenance Agreement for up -front on -site
improvements for an internal roadway. Per Weld County Code, Section 24.6.20 requires that the internal
access roadway be designed to meet all safety criteria as outlined in Chapter 8 Article XIV of the Code.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets a detention exception for
residential developments of 9 lots or fewer. Located in Sec. 8-11-40. Drainage Policy.
While this project meets this detention exception, the drainage shall not adversely affect the Lower Latham
Seepage Ditch.
No additional drainage information is required.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
Per Weld County Code, Section 8-12-30.B, a Weld County Grading Permit will be required if disturbing
more than 1 acre. Grading Permits are issued after the planning process is complete (map recorded). An
Early Release Request Form may be entertained only after the applicant, the Planning Department have
reviewed the referral and surrounding property owner comments and the case has been heard by the Board
of County Commissioners (or the case has been approved by the Director of Planning Services if it is a
case not requiring Board approval). The Early Release Request may or may not be granted depending on
referral comments and surrounding property owner concerns. Contact a Development Review
representative for more information. The Application Fee for a grading permit is $500 (Appendix 5-M of the
Weld County Code).
CONDITIONS OF APPROVAL:
A. 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)
B. The plat shall be amended to delineate the following:
1. 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)
2. 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)
3. 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)
4. Show and label the drainage flow arrows. (Development Review)
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)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. 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)
2. 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)
3. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed
Improvements Road Maintenance Agreement with Up -Front On -Site Improvements.
(Development Review)
6. 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)
7. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Diana Aungst, WC Planning
From: Lauren Light, Environmental Health Services
Date: November 7, 2023
Re: RLDF23-0002 Applicant: Sharp Trust & 21842-52, LLD
Environmental Health Services has reviewed this request for a Rural Land Division Final
Plan for the creation of three (3) lots in the A (Agricultural) Zone District.
Lot 1 will consist of 5.8 acres; Lot 2 will consist of 15 acres and Lot 3 will consist of 24.8
acres. There are residences on each lot 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.
It is the applicants responsibility to ensure each OWTS meets all required setbacks.
Environmental Health Services recommends the following appear as notes on the Rural
Land Division plat:
1. Water service may be obtained from Central Weld County Water District.
2 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.
3 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.
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele:970-304-6420
Fax: 970-3D4-6416
Environmental Health
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele:970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele:970-304-6470
Fax: 970-304-6452
Public Health
Submit by Email
Weld County Referral
October 31, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Sharp Trust and 21842-52, LLC Case Number: RLDF23-0002
Please Reply By: November 17, 2023 Planner: Diana Aungst
Project: Rural Land Division Final Plan for the creation of three (3) Lots in the A (Agricultural) Zone
District.
Parcel Number: 096134100051-R8957400 Legal: LOT B REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld County,
Parcel Number: 096134100050-R8957399 Legal: LOT A REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld County,
Location: South of and adjacent to County Road 52; west of and adjacent to County Road 45.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
I We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
I We have reviewed the request and find no conflicts with our interests.
nSee attached letter.
Signature Jennifer Teeters
Agency Weld County Oil and Gas Energy Department
Date 11/9/2023
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: RLDF23-0002
Associated Parcel: 096134100051
OGED Reviewer: Jennifer Teeters
Review Date: November 9, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel does not include active oil and gas wells.
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding this plugged and abandoned well is available from the
Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant
review this information and contact the responsible operator regarding well infrastructure
that may have been abandoned in place prior to conducting operations in proximity to the
wells.
API
Operator
Well Title
Well Status
05-123-12000
Noble Energy Inc
Brantner #3
PA
4. The RLDF lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the ECMC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
To:
From:
Case Number:
Applicant:
Request:
Legal
Description:
Location:
MEMORANDUM
Utilities Coordinating Advisory Committee Hearing Date: December 14, 2023
Diana Aungst, Planner
RLDF23-0002
Sharp Trust c/o Donovan Sharp
21588 CR 52, Greeley, CO 80631
Rural Land Division Final Plan for three (3) Lots in the A (Agricultural) Zone District
Lot B of Lot Line Adjustment LLA23-0009; being a part of the NE4 of Section 34,
T5N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to County Road 52 and west of and adjacent to County Road 45
Rural Land Division (RLD) are subject to the Utility Easement requirements delineated in the Section 24-
3-60 of the Weld County Code.
The RLD is a request for three (3) lots. There are currently three (3) residences, one on each newly
proposed Lot, the utilities exist and provide services to all three (3) residences. To ensure that there is no
confusion in the future concerning the utilities that service these Lots, staff is recommending that
easements be established per Section 24-3-60 of the Weld County Code.
Article III, Chapter 24, Division 1 states that all subdivisions approved by the Board of County
Commissioners shall comply with the following general standards:
A. Fifteen (15) feet minimum drainage and utility easements are required adjacent to public road rights -
of -way, unless otherwise recommended by the Utilities Coordinating Advisory Committee for technical
purposes.
B. Twenty (20) feet minimum drainage and utility easements are required along internal lot lines and
shall be apportioned equally on abutting properties, unless otherwise justified by the Utilities
Coordinating Advisory Committee for technical purposes.
C. Ten (10) feet minimum drainage and utility easements are required along exterior lot lines, unless
otherwise justified by the Utilities Coordinating Advisory Committee for technical purposes. Corner
exterior lots requires fifteen (15) feet.
D. Proposed easements may be modified by the Utilities Coordinating Advisory Committee. Public utility
installations shall be located to permit multiple installations within the easements to avoid cross
connections, minimize trenching and adequately separate incompatible systems.
In order to address the requirements of Section 24-3-60 of the Weld County Code staff is recommending
that the following easements be created with this RLD.
Staff Recommendation:
1. Create fifteen (15) foot drainage and utility easements along CR 52 for all lots.
2. Create twenty (20) foot drainage and utility easement along internal lot lines apportioned equally
on abutting properties for all lots.
RLD23-0002 - Utility Board Memo
Page 1 of 2
3. Create ten (10) foot drainage and utility easements along exterior lot lines for all lots.
4. Label all easements as drainage and utility easements.
RLD23-0002 - Utility Board Memo
Page 2 of 2
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
December 14, 2023, via Microsoft Teams Meeting. The meeting was called to order by Chair, Michael
Wailes, at 10:00 a.m.
Members Present: Mike McRoberts, Michael Wailes, Brady Craddock, Mark Alessi, Robert Fleck, and Amy
Mutchie.
Members Absent: Jared Rauch, Jeremy Young, Jerry Adams, Andrew Holder.
Also Present: Diana Aungst, Department of Planning Services and Kris Ranslem, Secretary, Eric
Wernsman, Donovan Sharp, Applicants; Emily Fore, United Power; Bob Ramsey, Kari Rozsa and Ryan
Johnson, Century Link.
Case Number: RLDF23-0002
Applicant: Sharp Trust
Planner: Diana Aungst
Request: A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Three (3) Lots in the A (Agricultural) Zone District.
Legal Description: Lot B of Lot Line Adjustment LLA23-0009, being part of the NE1 /4 of Section 34,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to County Road 52; west of and adjacent to County Road
45.
Diana Aungst, Planning Services, presented Case RLDF23-0002. She stated that the RLD is a request for
three (3) lots. There are currently three (3) residences, one on each newly proposed lot, the utilities exist
and provide services to all three (3) residences. To ensure that there is no confusion in the future concerning
the utilities that service these Lots, staff is recommending that easements be established per Section 24-
3-60 of the Weld County Code.
Article III, Chapter 24, Division 1 states that all subdivisions approved by the Board of County
Commissioners shall comply with the following general standards:
A. Fifteen (15) feet minimum drainage and utility easements are required adjacent to public road rights -
of -way, unless otherwise recommended by the Utilities Coordinating Advisory Committee for technical
purposes.
B. Twenty (20) feet minimum drainage and utility easements are required along internal lot lines and shall
be apportioned equally on abutting properties, unless otherwise justified by the Utilities Coordinating
Advisory Committee for technical purposes.
C. Ten (10) feet minimum drainage and utility easements are required along exterior lot lines, unless
otherwise justified by the Utilities Coordinating Advisory Committee for technical purposes. Corner
exterior lots requires fifteen (15) feet.
D. Proposed easements may be modified by the Utilities Coordinating Advisory Committee. Public utility
installations shall be located to permit multiple installations within the easements to avoid cross
connections, minimize trenching and adequately separate incompatible systems.
In order to address the requirements of Section 24-3-60 of the Weld County Code staff is recommending
that the following easements be created with this RLD.
1. Create fifteen (15) foot drainage and utility easements along CR 52 for all lots.
2. Create twenty (20) foot drainage and utility easement along internal lot lines apportioned equally
on abutting properties for all lots.
3. Create ten (10) foot drainage and utility easements along exterior lot lines for all lots.
4. Label all easements as drainage and utility easements.
1
Eric Wernsman, applicant's representative, stated that there are three (3) existing residences and the applicant is
proposing to add property lines around the existing residences. He added that all of the lots currently have utilities so
they are not proposing any additional utilities and said that all of the lots still have access to all of the utilities on County
Road 52. Mr. Wernsman said that they would like to ask that they would not have to place any additional utility
easements as they are not needed and they won't be prohibiting any access in the future.
Mike McRoberts, Development Review, said that in looking into the future there might be an interest in changing these
lots and asked what the harm is for providing the easement standards listed in the Weld County Code. Donovan Sharp,
applicant, said that they are not changing anything on these lots and added that it is pasture ground so he doesn't see
the headache in putting those utility easements around those properties. Mr. Wernsman said that there are some
existing livestock buildings that would be within those easements and that would create an issue. He understands that
it is always better to have a path for the future, but these lots will always have that as they are adjacent to County Road
52. Amy Mutchie, Public Works, stated that she agrees that it doesn't hurt to include the internal easements but feels
that they are protected along County Road 52 because there is full right-of-way there dedicated for utilities. Mark
Alessi, United Power, agreed with Ms. Mutchie. He asked to see a map where existing utilities are on site. Mr.
Wernsman said that they have not mapped that yet. He added that that it is difficult to develop south of these lots due
to the seepage ditch company.
Ms. Aungst said that there are some obstacles to creating easements in this area. One of them is the requirement
along the ditch that would require to move things up a little; however the north/south easements may work.
Mr. McRoberts asked the applicant how many structures would be impacted if following Ms. Aungst's recommendations.
Mr. Wernsman said that both sides of Lot A would be impacted by existing structures, there is a septic system on Lot
1 that might be within a proposed easement, and there is a lean-to shed on the west side of Lot 3.
Mr. Alessi asked if there are any setback requirements for buildings. Ms. Aungst said that there are setback
requirements, but these buildings have been there for a really long time so they are considered nonconforming. Mr.
Alessi said that he doesn't think all the internal easements need to be placed around every lot but agrees that the
north/south easements should be identified.
Mr. McRoberts proposed a 15 -foot drainage and utility easement around the right-of-way and along the proposed cul-
de-sac and terminates at the ditch right-of-way. Mr. Wernsman said that they are going to ask the County
Commissioners to not require the internal road because all these lots have existing accesses and they are not changing
anything. He added that building that road is creating an issue with the ditch company to the south.
Ms. Aungst said if the County Commissioners approve the request to not install a road then it would be easy to keep
the 20 foot north/south easement between Lots 1 and 2. She added that they could also put a north/south easement
on the west side of Lot 3 then each lot would have a north/south easement. If the road is required then they would
have to look at putting a 10 -foot easement on the west side of Lot 1 and move the road a little to the west so that a 10 -
foot easement could be included on Lot 2.
Brady Craddock, Century Link, said that they have a cable in the County Road 52 right-of-way and asked if they needed
anything additional. Mr. Sharp said that they have all the utilities, including century link, that they need.
Brady Craddock left the meet at 10:25 a.m.
Mr. McRoberts said we need to keep in mind these are drainage and utility easements and water flows west to the
east. The reason for having the easements along the property lines, is because having that 20 -foot -wide easement
you can provide a swale or something for that drainage. The intention of the code was to provide an opportunity to put
in utilities that maybe aren't foreseen right now but down the road you might need or to resolve drainage problems.
Motion: Approve the final plan for RLDF23-0002 along with Staff's recommendations and include the 15 -
foot easement along the cul-de-sac, Moved by Mike McRoberts, Seconded by Robert Fleck.
Mr. Alessi said that the 10 -foot easement around Lot A would go right through those buildings. He said that
he doesn't feel he can agree with that. Ms. Mutchie agreed with Mr. Alessi and said that we need to consider
that. She added that they have to review what is being proposed today and would agree that it doesn't
make sense to put easements through existing buildings. However, she is in support of some internal
easements regardless just for future.
Mr. McRoberts withdrew his motion.
Mr. Wernsman proposed leaving the existing easement between Lots 1 and 2 and provide an easement on
the far west property line on Lot 3 but would like to have language that existing structures within that
2
easement would have to be relocated at the utility owner's expense. Ms. Aungst said that the County
doesn't have the authority to make the utility company pay and added that usually it is an agreement
between the utility company and the property owner.
Mr. Sharp asked if for some reason a utility needs to come at the back of the lot in the future wouldn't the
utility company be able to write an easement for that ability. Mr. Alessi said that depending on the future
they could be going across someone else's property and could do private easements. He added when
someone pays for the development though it would be up to the applicants to share that burden so that is
why we do it on the plats as code specifies. Ms. Mutchie said that this has been presented to us because
of a change and because of that change this was brought forth with the requirements we have to follow. If
there was no change it would be a private easement. We can agree to make adjustments to it, but we have
to decide if we are to enforce the requirements in the code. She added that although it won't change
physically tomorrow, it is for future changes that might necessitate having those easements in there. Ms.
Mutchie continued expressing that all the existing buildings should be notated on the plat because anything
new would have setback requirements from those easements.
Mr. McRoberts said that what has been presented in the site plan includes an internal road with a 60 -foot
dedicated right-of-way with cul-de-sac so he believes the required 15 -foot easement should be in place.
He added that he doesn't think we don't need to be talking about the access easement between Lots 1 and
2 as if the internal road was going away because that is not what we are evaluating.
Mr. Alessi said that we could draw in the utility easement regardless if the road is there or not. Mr.
McRoberts agreed but if they get permission to remove the road they would have to amend the plat. Ms.
Aungst suggested that although it is unusual, perhaps it could be an either-or scenario. Ms. Mutchie said
that we could put conditions on it.
Motion: Ms. Mutchie made a motion that if the proposed internal cul-de-sac remains that the 15 -foot
easement would be met; however if the road is removed then the 30 -foot easement would remain.
Additionally, a 10 -foot easement is required along the west property line on Lot 3 and the 15 -foot easement
along County Road 52. Motion was seconded by Mark Alessi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Amy Mutchie, Mark Alessi, Mike McRoberts, Michael Wailes, and Robert Fleck.
Motion: Approve the final plan for RLDF23-0002 along with the amendments as stated, Moved by Mark
Alessi, Seconded by Mike McRoberts. Motion carried unanimously.
Meeting adjourned at 10:53 a.m.
Respectfully submitted,
tires �x�na(.�rn�
Kristine Ranslem
Secretary
3
Submit by Email
Weld County Referral
October 31, 2023
The Weld County Department of Planning Services has received the following item for review:
Case Number: RLDF23-0002
Planner: Diana Aungst
Applicant Sharp Trust and 21842-52, LLC
Please Reply By: November 17, 2023
Project: Rural Land Division Final Plan for the creation of three (3) Lots in the A (Agricultural) Zone
District.
Parcel Number 096134100051-R8957400 Legal: LOT B REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, TSN, R65W of the 6th P.M., Weld County,
Parcel Number 096134100050-R8957399 Legal: LOT A REC EXEMPT AMRECX18-14-0020; PART
NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld County,
Location: South of and adjacent to County Road 52; west of and adjacent to County Road 45.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature ;',?� a4,PnC2--
Agency
WEST GREELEY CONERVATION DISTRICT
•
Date NO'U • Ii!,zOZ3
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
Map
Symbol
Soil Name
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Surve _
Shallow Dwellings
Excavations without
Soil Texture
1 Altvan
4 Aquolls
Loam Severe
Flooded
Severe Severe
Dwellings with Small Septic Tank Prime Farm
basements Commercial Absorption Land (if
Severe
21 Dacono
Clay Loam Severe
Slight
I
r , i . . .
Il
Slight Yes
Additional Comments
Severe
.nr�.l.,-<�i,
Severe No
Severe Yes
•
1
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
WEST GREELEY
CONSERVATI
DISTRICT
Produced by the West Greeley Conservation District
STARR & WESTBROOK, P.C.
RANDOLPH W. STARR
MICHAEL A. WESTBROOK
Weld County Planning Division
1402 North 17th Ave
Greeley, CO 80631
Email Only to: daungst@weld.gov
Attention: Diana Aungst
Re: Case Number: RLDK23-0001
Comments of The Lower Latham Reservoir Company
ATTORNEYS AT LAW
210 EAST 29TH STREET
LOVELAND, COLORADO 80538
TELEPHONE 970-667-1029
Email Randy@starrwestbrook.com
Email: Mike@starrwestbrook.com
Wednesday, October 4, 2023
Dear Diana:
The following are the comments of The Lower Latham Reservoir Company (the "Company")
with respect to the above land use proposal.
1. The Company owns an exclusive easement across this property included in the development
that are not correctly shown on the plat of the property submitted to the County. The easement
width is 100 feet, being 50 feet on each side of the centerline of the ditch that lies on the subdivision
property. The plat of the subdivision should be amended to correctly show the location and width
of the Company's ditch easement.
2. The Company owns two access easements across the subdivision from Weld County Road
52, one along the easterly boundary of proposed Lot 2 [the ditch access road may be within the pro-
posed 60 -foot access easement shown on the proposed plat], and the second along the southerly and
westerly boundary of Lot 3 the subdivision. The plat of the subdivision should be amended to cor-
rectly show the location and width of the Company's existing ditch access easements.
3. The applicant must not place any fence within the property and easements and the applicant
shall not install any gates or fences on or across the Company's easements and property without the
prior written approval of the Company.
4. The Company identifies to the applicant and the County that there may be subsurface waters
that arise in this development and that there are periods of time when, due to water flowing within
the reservoir and ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface or resides on the surface. Also, the
property lies below the elevation of the Lower Latham Reservoir, and if the spillway on the Reser-
voir operates at a time of high water, then portions of the property could become inundated by wa-
ter flowing in the outlet canal of the Reservoir. Due to these matters, the utility of certain portions
of the property for construction of structures could potentially be unavailable. The Company has no
plans to alter its operations that would cure this surface and subsurface water issues. A note should
be inserted on the plat of the development regarding these issues.
Weld County Planning Division
-2- Wednesday, October 4, 2023
5. The applicant should acknowledge that historic irrigation and drainage patterns should be
maintained on the property so that there are no changes in the operation of the Company's facilities.
A drainage plan should be prepared by a licensed engineer to analyze and report on any change in
drainage patterns caused by the development of the property. The Company should be provided
with a copy of that plan and the Company should have the opportunity to review and comment on
the plan. The applicant should be required to maintain the existing irrigation and drainage patterns
so that the quality of water entering the ditch from irrigation and from precipitation and other
sources is maintained, and so that there is no change in point or type of drainage into the ditch that
will occur. The applicant should be required to monitor and identify any pollutants or other hazard-
ous materials that enter the ditch and should agree to stop any such deposit in the ditch system. A
note should be inserted on the plat of the development regarding these issues.
6. The Applicant should acknowledge that: 1) No livestock watering, swimming, tubing, canoe-
ing or other use of the ditch or water in the ditch or reservoir is allowed; 2) No dumping of refuse,
including but not limited to garbage, waste materials, grass clippings, tree and shrub prunings, motor
oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for irrigation are allowed in the
ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or
other motorized or non -motorized vehicle shall be allowed. A note should be inserted on the plat of
the development regarding these issues.
If further information is needed concerning these comments, then you should contact me.
Sincerely,
Randolph W. Starr
Copy by email only:
Owner and Owners' Address
Sharp Trust
Timothy J. Sharp, Trustee
21588 Weld County Road 52
Greeley, CO 80631
dsharp@sharpservicesinc.com
Engineer and Engineer's Address
Emily Tarantini
Wernsman Engineering and Land Development LLC
2912 Arid Drive
Loveland, CO 80537
Tarantini.emily@gmail.com
4a5a€€e 70re jDwteetio#t Di�uct
Sharp Trust Rural Land Division RLDF23-0002
21588 County Road 52
November 17, 2023
The La Salle Fire Rescue District's Fire Prevention Division has completed a
review of the above project. Currently, the Fire District has the following
requirements:
Fire apparatus access roads shall be provided and maintained in accordance with
Sections 503.1.1 through 503.1.3 of the International Fire Code.
Fire apparatus access roads shall be installed and arranged in accordance with
Sections 503.2.1 through 503.2.8. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet, exclusive of shoulders, except for
approved security gates in accordance with section 503.6 and an unobstructed
vertical clearance of not less than 13 feet 6 inches.
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus of 75,000 pounds and shall be surfaced to provide
all weather driving capabilities.
Dead-end fire apparatus access roads more than 150 feet in length shall be
provided with an approved area for turning around fire apparatus.
An approved water supplies capable of supplying the required fire flow for fire
protection shall be provided to premises on which facilities, buildings or portions
of buildings are hereafter constructed or moved into within the jurisdiction. The
fire flow is 1000 g.p.m. at 20 p.s.i.
A fire hydrant is required, or the buildings can be equipped with a fire sprinkler
system.
118 Main Street
970.284.6336
P.O. Box 414
Fax 970.284.6042
LaSalle, Colorado 80645
lasallefire.com
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