HomeMy WebLinkAbout20240078.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION
FINAL PLAN, RLDF23-0002, FOR THE CREATION OF THREE (3) LOTS IN THE
A (AGRICULTURAL) ZONE DISTRICT - SHARP TRUST
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 17th day of
January, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sharp Trust, 21588 County Road 52, Greeley, Colorado 80631, for a Site
Specific Development Plan and Rural Land Division Final Plan, RLDF23-0002, for the Creation
of Three (3) Lots in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
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
WHEREAS, at said hearing on January 17, 2024, the Board heard all of the testimony and
statements of those present and, having been fully informed, deemed it advisable to continue the
matter to April 24, 2024, at 10:00 a.m., to allow staff and the Board adequate time to review Code
options, and
WHEREAS, on April 24, 2024, the Board heard all of the testimony and statements of
those present and, having been fully informed, deemed it advisable to continue the matter to
May 22, 2024, at 10:00 a.m., to allow staff and the Board additional time to review Code options,
and
WHEREAS, on May 22, 2024, the applicant was present, and
WHEREAS, Section 24-6-60 of the Weld County Code provides standards for review of
said Rural Land Division Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission 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 overview and standards of
Sections 24-6-10 of the Weld County Code.
A. Section 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 Chapter 24, Article VI of the Weld County Code, as amended.
CC : Pi- CER/MN/DA/04141RI?4'J) ASR (SO,
CA (KM), APPL., APPS.. REV.
07/30/24
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The Rural Land Division process does not include a Change of Zone." The
proposal went through the Rural Land Division Sketch Plan phase, and,
with the exception of the overall lot size of the parent parcel, it was the
opinion of the Department of Planning Services that the proposed Rural
Land Division will comply with Chapter 24, Article VI, Section 24-6-10 and
Section 24-6-20 of the Weld County Code.
B. Section 24-6-10.B 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 in size and this parent parcel was created
after a Lot Line Adjustment, LLA23-0009, adjusted the Lot lines between
Lots A and B of Amended Recorded Exemption, 1AMRECX18-14-0020.
C. Section 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 Development.
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. Non -Urban Scale Developments
require a public water source and public sewer or On -site 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. Section 24-6-10.D states: "The Resubdivision requirements shall be
followed when proposing modifications to a recorded Rural Land Division
plat, as described in Chapter 24, Article IX of the Weld County Code, as
amended. Additional lots may be created by the Resubdivision process
within an existing Rural Land Division, so long as the overall number of
total lots in the existing Rural Land Division does not exceed four (4) lots."
The approved Rural Land Division Final Plan, once recorded, will follow the
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Resubdivision process outlined in Chapter 24, Article IX of the Weld County
Code if lot lines need to be adjusted or if there is desired to create additional
lots.
E. Section 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, as well as 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 allowed
acreage by 0.7 acres. There is a Condition of Approval that requires
that Lot B of LLA23-0009, which is the subject parcel, to 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.
2. 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:
A. Section 24-6-20.A.1 — The property to be divided by the proposed Rural
Land Division shall be comprised of legal lots. The proposed Rural Land
Division Final Plan will be located Lot B of LLA23-0009.
B. 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 Rural Land Division 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.
C. 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. Per
the Department of Public Health and Environment referral comments,
dated November 7, 2023, there are residences on each of the three (3) lots
and the application indicates each lot has an individual permitted OWTS
and a separate tap from the Central Weld County Water District.
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D. 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).
E. Section 24-6-20.A.5 — Any proposed Rural Land Division must be
separated by a minimum of 1,320 feet or one -quarter (1/4) mile, in any
direction, as measured from the exterior 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.
F Section 24-6-20.A.6 — The maximum parcel size on which a Rural Land
Division is proposed shall not be greater than 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 Lot B of
LLA23-0009, the subject parcel, be reduced to 45.00 acres net. A corrected
plat of LLA23-0009 is required.
G. 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 for a Lot Line Adjustment, per Chapter 24,
Article X of the Weld County Code, as amended, in conjunction with
the Rural Land Division application, in order to 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 45 acres.
c) The remaining acreage of the large Recorded Exemption lot shall
not be less than 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 Amended Recorded
Exemption, 1AMRECX18-14-0020. This subject parcel is required to be
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reduced to 45.00 acres, per Section 24-6-20.A.6 and Section 24-6-20.A.7.c
above.
H. 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.
I. 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.
J. 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.
K. Section 24-6-20.A.11 —A Homeowners Association is not required but may
be voluntarily 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 materials.
L. Section 24-6-20.A.12 — Drainage and utility easements within Rural Land
Divisions shall follow the easement standards, per Chapter 24, Article III of
the Weld County Code, as amended. Easement locations and widths of the
easements shall be shown on the RLDF23-0002 plat, per the
recommendation of the Utilities Coordinating Advisory Committee (Utility
Board), on December 14, 2023.
M. 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 privately
maintained, according to a Road Maintenance Agreement applicable to all
present and future lot owners. The subject Rural Land Division is proposing
one (1) 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.
N. 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 County Road 52 is currently an
access easement that was created to allow access to 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 also stated 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.
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O. Section 24-6-20.A.15 — The Rural Land Division roadway shall intersect
with a publicly maintained right-of-way. The proposed Rural Land Division
internal roadway will intersect with County Road 52, which is a publicly
maintained right-of-way.
P. 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.
Q. Section 24-6-20.A.17 — The Rural Land Division shall not connect directly
onto County arterial 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.
R. Section 24-6-20.A.18 — The Rural Land Division roadway shall be
designed, constructed and maintained by private 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.
S. Section 24-6-20.A.19 — The internal access roadway shall meet all safety
criteria, 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 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. Additionally, the referral
states the proposed internal road is just north of the Lower Latham
Seepage Ditch and 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 LLRC.
T 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
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requirements for road design and for hydrants or a fire sprinkler system for
the buildings.
U. Section 24-6-20.A.21 — The Rural Land Division shall be designed to
preserve prime agricultural land. The proposed Rural Land Division will be
located on approximately 40 acres of land that are designated as "Aquolls
and Aquepts, flooded," and about five (5) acres of land that is 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.
V. Section 24-6-20.A.22 — The Rural Land Division shall be designed to
preserve wetlands, wildlife habitats, historical sites or burial grounds. The
proposed Rural Land Division will not negatively impact wetlands, wildlife
habitats, historical sites or burial grounds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sharp Trust, for a Site Specific Development Plan and
Rural Land Division Final Plan, RLDF23-0002, for the Creation of Three (3) Lots in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the Rural Land Division Final Plat:
A. Weld County Code Ordinance #2024-08 shall be approved and recorded
prior to recording the RLDF plat.
B. 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.
C. 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.
D. The two (2) water wells (#127819-A and #299063) shall be converted to
monitoring wells or plugged and abandoned, as the allowed uses on these
two (2) wells is primarily for internal household uses. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
E. The applicant shall address the referral comments from the 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.
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F. 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.
G. 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.
H. 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 ofthe 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.
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.
2. The Rural Land Division Plat shall delineate the following:
A. All pages shall be labeled: RLDF23-0002.
B. The plat shall be prepared, per Section 24-6-70 of the Weld County Code.
C. The plat shall contain the certification blocks, per Appendix 24-B of the
Weld County Code.
D. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
E. The applicant shall 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.
F Utility and drainage easements shall be delineated on the plat, per
Section 24-3-60 and Section 23-3-180 of the Weld County Code, with the
exception of any modifications made by the Weld County Utility Advisory
Committee at their meeting on December 14, 2023.
G. Label all new utility easements as, "utility and drainage easement."
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H. Existing easements are required to be shown and labeled with the book
and page and/or Reception number and date recorded.
I. The applicant shall show and label all gas lines, water, electricity, and
telecom (if applicable) utilities.
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 the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. 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, Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld
County.
K. The applicant shall 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 the
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."
L. The applicant shall show and label the proposed development access point
onto County Road 52 and the usage type (i.e. Development Access). The
access location will be reviewed as a part of the plat submittal.
M. The applicant shall show and label the drainage flow arrows.
N. 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, is for the Creation of Three (3) Lots in the
A (Agricultural) Zone District, subject to and governed by all
applicable Weld County Regulations.
2) Approval of this plan may create a Vested Property Right, pursuant
to C.R.S. Title 24, Article 68, as amended, and Chapter 23,
Article VIII of the Weld County Code.
3) The lots shall adhere to the bulk standards of the A (Agricultural)
Zone District, as amended, with the exceptions outlined in
Non -Conforming Use Cases, NCU15-0005 and NCU23-0008.
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4) There are two (2) existing structures located on Lot 1 that are
considered non -conforming structures, due to the encroachment
into the setback of County Road 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.
5) The existing shed on Lot 2 is considered to be a non -conforming
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.
6) All existing and future uses 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.
7) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
8) The installation of any new utilities shall comply with
Section 24-3-60 and Section 24-3-180 of the Weld County Code
and the requirements of the service providers. No property owner
shall not construct any improvements within identified easements.
9) Utility and drainage easements shall comply with Section 24-3-60
and Section 23-3-180 of the Weld County Code with the exception
of any modifications made by the Weld County Utility Advisory
Committee on December 14, 2023.
10) A Homeowners Association is not required but may be voluntarily
created and managed by the residents within the Rural Land
Division.
11) The Rural Land Division roadway shall be designed, constructed
and maintained by private recorded agreement between the
landowners within the Rural Land Division.
12) Stop signs and street name signs will be required at all
intersections.
13) 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.
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.
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15) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
16) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
17) The property owner shall comply with all requirements provided in
the executed Improvements Road Maintenance Agreement with
up -front, on -site improvements.
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.
19) The historical flow patterns and runoff amounts will be maintained
on the site.
20) Water service may be obtained from the Central Weld County
Water District.
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.
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.
23) All buildings shall comply with the setback from oil and gas wells,
per Section 23-4-700, as amended.
24) 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
have 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
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architect or engineer, must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer,
or an Open Hole Inspection shall be required. A Building Permit
must be issued prior to the start of construction.
25) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
26) Failure to Comply - The property owner shall comply with the
recorded plat notes and lot configuration. Non-compliance may
result in the withholding of Weld County permits.
27) The Resubdivision process shall be followed when proposing
changes to a recorded Rural Land Division plat, as described in
Chapter 24, Article VI of the Weld County Code, as amended.
28) 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. Oftentimes, 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.
29) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
3. 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. 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
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RURAL LAND DIVISION FINAL PLAN (RLDF23-0002) - SHARP TRUST
PAGE 13
within 180 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. Failure to Record. If the Rural Land Division plat has not been recorded
within 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 180 days of
approval, the Director of the Department 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.
5. 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 Division Final Plat and order
the recorded Rural Land Division vacated.
6. Prior to Construction:
A. The approved access permit shall be obtained, as well as tracking control
shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
7 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
C.R.S. Section §30-28-110(4).
8. 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 three (3) month period.
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RURAL LAND DIVISION FINAL PLAN (RLDF23-0002) - SHARP TRUST
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9. 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 are constructed,
per the terms of the Improvements Agreement.
10. 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 number 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of May, A.D., 2024.
ATTEST: ddekA) &,c xia,;(1
Weld County Clerk to the Board
BY.
APP
C1i • Uifaklo_k•
Deputy Clerk to the Board
County Attorney
Date of signature: ti/ID I z4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
L n
Kevii ! �� Ross, Chair
Perry L. Buy , Pro-Tem
F eeman
James
ri Saine
2024-0078
PL0529
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