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RURAL LAND DIVISION FINAL PLAN
STAFF COMMENTS
Diana Aungst
RLDF23-0002
Sharp Trust c/o Donovan Sharp
21588 CR 52, Greeley, CO 80631
Hearing Date: December 5, 2023
Wernsman Engineering and Land Development, LLC c/o Emily Tarantini
2912 Ariel Drive, Loveland, CO 80537
A Site Specific Development Plan and Rural Land Division Final Plan for the creation
of three (3) Lots in the A (Agricultural) Zone District
Lot B of Lot Line Adjustment LLA23-0009; being 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 Section Line
+/- 45.71 acres Parcel #: 0961-34-1-00-002
The criteria for review of this Rural Land Division Final Plan are listed in Chapter 24, Article VI of the Weld
County Code, as amended.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
➢ LaSalle Fire Protection District, referral dated November 17, 2023
➢ Lower Latham Reservoir Company, referral dated October 4, 2023
➢ Weld County Oil and Gas Energy Department, referral dated November 9, 2023
➢ Weld County Department of Public Health and Environment, referral dated November 7, 2023
➢ Weld County Department of Planning Services — Addressing, referral dated November 2, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated November 7,
2023
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
➢ City of Evans, referral dated November 1, 2023
➢ City of Greeley, referral dated November 17, 2023
➢ Town of LaSalle, referral dated November 15, 2023
➢ Weld County Sheriff's Office, referral dated November 1, 2023
➢ Central Weld County Water District, referral dated November 13, 2023
➢ West Greeley Conservation District, referral dated November 17, 2023
The Department of Planning Services' Staff has not received responses from the following agencies:
➢ Town of Kersey
➢ Town of Garden City
➢ Colorado Parks and Wildlife
➢ Weld -Greeley Airport Authority
➢ Weld County School District RE -6
➢ State of Colorado, Division of Water Resources
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CASE SUMMARY:
The applicant is proposing to divide Lot B of LLA23-0009 via the Rural Land Division process into three (3)
Lots. The Lots will be a minimum of three (3) acres in size with the smallest lot being 6.39 acres in size.
This is the second and final application step in the Rural Land Division process per Chapter 24, Article VI
of the Weld County Code. This Rural Land Division proposal is a non -urban scale development. The nearest
platted subdivision is Scotch Pines Estates, recorded June 5, 1995, under reception no. 2441201, located
approximately 1.5 miles west of this proposed Rural Land Division.
The property is currently zoned (A) Agricultural and with the proposal will remain in the A (Agricultural) Zone
District. There are three (3) residences on the site and, with the approval of this RLD, each lot will have one
residence. Currently the residences each have a Central Weld County Water District (CWCWD) tap and a
septic system. No other residences are proposed. The site is located within a Coordinated Planning
Agreement area of the City of Evans and the Town of Kersey. The applicant notified the two (2)
municipalities through the Notice of Inquiry process and neither the City of Evans nor the Town of Kersey
expressed interest in annexing this property. The subject parcel is not located within a Special Flood Hazard
Area, Geologic Hazard Overlay District, or Municipal Separate Storm Sewer System (MS4) area. The
subject parcel is located within the Airport Overlay District. The Weld -Greeley Airport Authority did not return
referral agency comments.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the Rural Land Division Final Plan application
requirements per Section 24-6-50 of the Weld County Code.
2. The submitted materials are in compliance with the Rural Land Division Final Plan review criteria. The
criteria for recommendation are located in Section 24-6-60.A.5 of the Weld County Code including
referral agency and surrounding property owner comments and compliance with the regulations
contained in the Weld County Code, specifically Section 24-6-10 the Rural Land Division Overview
and Section 24-6-20 the Rural Land Division Standards.
3. The submitted materials are in compliance with the Rural Land Division Final Plan Overview per Section
24-6-10 of the Weld County Code, as follows:
A. 24-6-10.A states -- The Rural Land Division is an alternative process for development and review
of subdivisions proposing a maximum of four (4) lots in the A (Agricultural) Zone District. The Rural
Land Division process utilizes both the Sketch Plan and Final Plan application processes described
in Article VI of Chapter 24 of the Weld County Code, as amended. The Rural Land Division process
does not include a Change of Zone.
The proposal went through the Rural Land 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
24-6-20 of the Weld County Code.
B. 24-6-10.8 states -- Lots which are part of a Historic Townsite or any recorded Planned Unit
Development, major or minor Subdivision, Resubdivision or Recorded Exemption lots that do not
meet the criteria per Section 24-6-20.A.7 of the Weld County Code, as amended, shall not be
divided by a Rural Land Division.
The proposed Rural Land Division Final Plan will be located on a newly created Lot B via Lot Line
Adjustment LLA23-0009. Lot B is 45.71 acres in size. This parent parcel was created after a Lot
Line Adjustment, LLA23-0009, adjusted the Lot lines between Lots A and B of 1AMRECX18-14-
0020.
C. 24-6-10.C states -- A Rural Land Division may be considered a Non -Urban Scale Development or
Rural Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended.
RLDF23-0002 I Sharp Trust
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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. Nonurban
scale developments require a public water source and public sewer or onsite wastewater treatment
systems (OWTS). Internal paved roads and storm drainage may be required."
The proposed Rural Land Division is considered Non -Urban Scale Development because it is not
located within one (1) mile of municipal corporate limits or within one (1) mile of a municipal sewer
line. Based on these criteria the proposed Rural Land Division is considered Non -Urban Scale
Development.
D. 24-6-10.D states -- The Resubdivision requirements shall be followed when proposing
modifications to a recorded Rural Land Division plat as described in Article IX of Chapter 24 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.
If the proposed Rural Land Division Final Plan is approved by the Board of County Commissioners
and recorded, it will follow the Resubdivision process outlined in Article IX of Chapter 24 if lot lines
need to be adjusted or if there is desired to create additional lots.
E. 24-6-10. E states -- The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County
Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design
Standards per Chapter 24, Articles I, II and III of the Weld County Code, as amended.
The proposed Rural Land Division adheres to Chapters 22 and 23 of the Weld County Code, the
Subdivision General Provisions and Conformance Standards of Chapter 24 with two (2)
exceptions:
1) The proposed Rural Land Division does not meet Section 24-6-20.A.6 of the Weld County
Code. The subject parcel is 45.71 acres in size which exceeds the maximum allows acreage
by 0.7 acres. There is a Condition of Approval that requires that Lot B of LLA23-0009, the
subject parcel, be reduced to 45.00 acres net. A corrected plat of LLA23-0009 is required.
2) The Rural Land Division does not meet Section Sec. 23-3-70. - Bulk requirements of the
Weld County Code as the shed adjacent to Lot A of LLA23-0009 (on the east side) does not
meet the offset. A Non -Conforming Structure application has been submitted for this
structure.
4. The submitted materials are in compliance with the Rural Land Division Final Plan Standards per
Section 24-6-20 of the Weld County Code, as follows:
1) Section 24-6-20.A.1 -- The property to be divided by the proposed Rural Land Division shall be
comprised of legal lots.
The proposed Rural Land Division Final Plan will be located Lot B of LLA23-0009.
2) Section 24-6-20.A.2 -- Lots within a Rural Land Division shall be served by a public water supply
system.
The three (3) residences associated with this three (3) Lot RLD each have a Central Weld County
Water District (CWCWD) tap. No additional taps are requested or required. The referral agency
comments from CWCWD, dated November 15, 2023, stated no concerns.
RLDF23-0002 I Sharp Trust
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3) Section 24-6-20.A.3 -- Lots within a Rural Land Division shall be served by an on -site wastewater
treatment system (OWTS) or public sewer.
The Department of Public Health and Environment referral comments, dated November 7, 2023,
stated the following:
There are residences on each of the three (3) lots and the application indicates that each lot has
an individual permitted on -site wastewater treatment system (OWTS) and a separate tap from
Central Weld County Water District.
4) Section 24-6-20.A.4 -- The Rural Land Division shall only be approved on property located in the A
(Agricultural) Zone District.
The proposed Rural Land Division will be located on property zoned A (Agricultural).
5) Section 24-6-20.A.5 -- Any proposed Rural Land Division must be separated by a minimum of 1,320
feet or one -quarter (%) 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.
6) Section 24-6-20.A.6 -- The maximum parcel size on which a Rural Land Division is proposed shall
not be greater than forty-five (45) acres.
The subject parcel is 45.71 acres in size which exceeds the maximum allows acreage by 0.71
acres. There is a Condition of Approval that requires that Lot B of LLA23-0009, the subject parcel,
be reduced to 45.00 acres net. A corrected plat of LLA23-0009 is required.
7) Section 24-6-20.A.7 -- If the proposed Rural Land Division will be located on the largest lot of a
Recorded Exemption, the following applies:
a. The applicant shall apply fora Lot Line Adjustment per Chapter 24, Article X of the Weld County
Code, as amended, in conjunction with the Rural Land Division application, in 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
forty-five (45) acres.
c. The remaining acreage of the large Recorded Exemption lot shall not be less than one hundred
and twenty (120) acres.
d. The Lot Line Adjustment standard per Section 24-10-20.A.4 of Weld County Code, as
amended, does not apply to a Lot Line Adjustment processed in conjunction with a Rural Land
Division.
e. The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded concurrently.
f. If the Rural Land Division is not approved, the Lot Line Adjustment will be void.
Section 24-6-20.A.7 is not applicable as the parent parcel is a Lot Line Adjustment parcel and not
the largest lot of a Recorded Exemption.
The subject parcel is Lot B of LLA23-0009 a 45.71 -acre parcel that was created to adjust the Lot
lines between Lots A and B of 1AMRECX18-14-0020. This subject parcel is required to be reduced
to 45.00 acres per Section 24-6-20.A.6. and 24-6-20.A.7.c. the maximum lot size is set at 45 acres.
8) Section 24-6-20.A.8 -- The maximum number of lots within the Rural Land Division shall be four (4)
lots.
The subject Rural Land Division is proposing three (3) lots.
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9) Section 24-6-20.A.9 -- The minimum lot size in a Rural Land Division shall be three (3) acres net.
The smallest lot in the proposed Rural Land Division is approximately 6.39 acres in size.
10) Section 24-6-20. A.10 -- Rural Land Divisions shall not be financed by a Title 32 Metropolitan
District.
This proposed Rural Land Division is not financed by a Title 32 Metropolitan District.
11) 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
material.
12) Section 24-6-20.A.12 -- Drainage and utility easements within Rural Land Division shall follow
the easement standards per Chapter 24, Article III of the Weld County Code, as amended.
A Utilities Coordinating Advisory Committee meeting (Utility Board) will be held on December 14,
2023 and the easement locations and widths of the easements shall be shown on the RLDF23-
0002 plat per the outcome of that meeting.
13) Section 24-6-20.A.13 -- The Rural Land Division lots shall be accessed via a single internal publicly
dedicated right-of-way and shall be privately maintained, according to a road maintenance
agreement applicable to all present and future lot owners.
The subject Rural Land Division is proposing one internal 60 -foot wide, publicly dedicated, right-of-
way. A condition of approval has been added to ensure a road maintenance agreement is executed
for the benefit of the current and future lot owners of the Rural Land Division.
14) Section 24-6-20.A.14 -- No access easements are permitted within a Rural Land Division to serve
parcels within or not a part of the development.
The access point where the internal road meets CR 52 is currently an access easement that was
created to allow access the two (2) (former) Recorded Exemption lots and, according to the Lower
Latham Reservoir Company's (LLRC) referral, dated October 4, 2023, the easement also allows
access to the seepage ditch. The application materials state that this easement will be eliminated
and replaced with the internal road. The LLRC referral, dated October 4, 2023, pp 2 states that
there is an easement at this location to allow access to the ditch. An access easement to a ditch is
not prohibited by Section 24-6-20.A.14 therefore the proposed RLDF meets this requirement.
15) Section 24-6-20.A.15 -- The Rural Land Division roadway shall intersect with a publicly
maintained right-of-way.
The proposed Rural Land Division internal roadway will intersect with County Road 52. County
Road 52 is a publicly maintained right-of-way.
16) Section 24-6-20.A.16 -- The Rural Land Division internal roadway shall be perpendicular to the
publicly maintained right-of-way.
The proposed Rural Land Division internal roadway will be perpendicular to County Road 52 per
the application materials and draft plat.
17) Section 24-6-20.A.17 -- The Rural Land Division shall not connect directly onto County 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.
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18) 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.
19) 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 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."
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.
20) Section 24-6-20.A.20 -- The Rural Land Division shall be designed to meet the requirements of
local governments or districts to provide fire and police protection or other emergency services.
Per the Development Review referral dated November 7, 2023, the proposed internal road is
designed as a cul-de-sac and shall meet all requirements of Chapter 8 of the Weld County Code.
The LaSalle Fire Protection District submitted referral agency comments, dated November 17,
2023, that outline the District's requirements for road design and the a requirement for hydrants or
a fire sprinkler system for the buildings.
21) Section 24-6-20.A.21 -- The Rural Land Division shall be designed to preserve prime agricultural
land.
The proposed Rural Land Division will be located on approximately forty (40) acres of land that are
designated as "Aquolls and Aquepts, flooded" and about five (5) acres of land that are designated
as "Not Prime Farmland" with low slope, Altvan loam per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report. The acreage has historically been utilized as
rural residential with a USR for oil and gas support and service. The original residence was
constructed in 1954. No Prime Farmland will be removed from production with the approval of this
Rural Land Division.
22) Section 24-6-20.A.22 -- The Rural Land Division shall be designed to preserve wetlands, wildlife
habitats, historical sites or burial grounds.
The proposed Rural Land Division will not negatively impact wetlands, wildlife habitats, historical
sites or burial grounds.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE RURAL LAND DIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Rural Land Division Final Plat:
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A. The applicant shall acknowledge the comments provided by the Department of Planning Services
— Addressing as stated in the referral response dated November 2, 2023. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall submit a corrected Lot Line Adjustment plat showing that Lot B of LLA23-0009,
the subject property, is not larger than 45 acres. (Department of Planning Services)
C. The two water wells (127819-A and 299063) shall be converted to monitoring wells or plugged and
abandoned as the allowed uses on these two wells is primarily for internal household uses.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the referral comments from Lower Latham Reservoir Company (LLRC),
as stated in the referral response dated October 4, 2023. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements of the LaSalle Fire Protection District, as stated in
the referral response dated November 17, 2023. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall create and record a private agreement between the landowners within the Rural
Land Division for the maintenance of the Rural Land Division roadway. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
G. An Improvements and Road Maintenance Agreement is required for on -site improvements at this
location for an internal roadway. Off -site roadway improvements may be required as a part of the
agreement. Road maintenance includes, but is not limited to, dust control and damage repair. The
Agreement shall include provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements. (Development Review)
H. The applicant shall acknowledge the advisory referral comments from the Weld County Oil and
Gas Energy Department, as stated in the referral response dated November 9, 2023. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
2. The Rural Land Division Plat shall delineate the following:
A. All pages shall be labeled: RLDF23-0002. (Department of Planning Services)
B. The plat shall be prepared per Section 24-6-70. of the Weld County Code. (Department of Planning
Services)
C. The plat shall contain the certification blocks per Appendix 24-B of the Weld County Code.
(Department of Planning Services)
D. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
E. Show and label the internal Rural Land Division roadway with the approved road name, width, radii,
surface type, etc. A stop sign and road name sign shall be shown at the proposed intersection.
(Department of Planning Services)
F. Utility and drainage easements shall be delineated on the plat per Sections 24-3-60 and 23-3-180
of the Weld County Code with the exception of any modifications made by the Weld County Utility
Advisory Committee (December 14, 2023). (Department of Planning Services)
G. Label all new utility easements as "utility and drainage easement." (Department of Planning
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Services)
H. Existing easements are required to be shown and labeled with the book and page and/or reception
number and date recorded. (Department of Planning Services)
I. Show and label all gas lines, water, electricity, and telecomm (if applicable) utilities. (Department
of Planning Services)
J. County Road 52 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the road.
If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County
Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from
the future right-of-way line. This road is maintained by Weld County. (Development Review)
K. Show and label the internal roadway and the publicly dedicated right-of-way used to access the
Lots from the maintained County Road 52, from the lots to and including the maintained County
Road access point. All setbacks shall be measured from the edge of right-of-way. This road will not
be maintained by Weld County. Show and label the right-of-way as "Platted Right-of-way, not
County maintained." (Development Review)
L. Show and label the proposed development access point onto CR 52 and the usage type (i.e.
Development Access). The access location will be reviewed as a part of the plat submittal.
(Development Review)
M. Show and label the drainage flow arrows. (Development Review).
3. The following notes shall be delineated on the Rural Land Division Final Plat:
1) A Site Specific Development Plan and Rural Land Division Final Plan, RLDF23-0002, for the
creation of three (3) Lots in the A (Agricultural) Zone District, subject to and governed by, all
applicable Weld County Regulations. (Department of Planning Services)
2) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S.,
as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning
Services)
3) The lots shall adhere to the bulk standards of the A (Agricultural) zone district, as amended, with
the exceptions outlined in NCU15-0005 and NCU23-0008. (Department of Planning Services)
4) There are two (2) existing structures located Lot 1 that are considered nonconforming structures
due to the encroachment into the setback of CR 52. Case NCU15-0005 was established for these
two (2) structures: equipment building (92'x61') and cattle shed (48'x32'). The property owner is
required to maintain compliance with Chapter 23, Article VII of the Weld County Code. (Department
of Planning Services)
5) The existing shed on Lot 2 is considered to be a nonconforming structure due to the encroachment
in the offset from Lot A of LLA23-0009. Case NCU23-0008 has been established for this structure.
This structure is required to maintain compliance with Chapter 23, Article VII of the Weld County
Code. (Department of Planning Services)
6) All existing and future uses for in the Rural Land Division are subject to A (Agricultural) Zoning
requirements as shown in Chapter 23, Article III, Division 1 of the Weld County Code, as amended.
(Department of Planning Services)
7) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County
Code, as amended. (Department of Planning Services)
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8) The installation of any new utilities shall comply with Sections 24-3-60 and Section 24-3-180 of the
Weld County Code and the requirements of the service providers. Any property owner shall not
construct any improvements within identified easements. (Department of Planning Services)
9) Utility and drainage easements shall comply with Sections 24-3-60 and 23-3-180 of the Weld
County Code with the exception of any modifications made by the Weld County Utility Advisory
Committee (December 14, 2023). (Department of Planning Services)
10) A Homeowners Association is not required but may be voluntarily created and managed by the
residents within the Rural Land Division. (Department of Planning Services)
11) The Rural Land Division roadway shall be designed, constructed and maintained by private
recorded agreement between the landowners within the Rural Land Division. (Department of
Planning Services)
12) Stop signs and street name signs will be required at all intersections. (Department of Planning
Services)
13) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
14) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
15) Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Development Review)
16) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
17) The Property Owner shall comply with all requirements provided in the executed Improvements
Road Maintenance Agreement with Up -Front On -Site Improvements. (Development Review)
18) The Improvements Road Maintenance Agreement with Up -Front On -Site Improvements for this
site may be reviewed on an annual basis, including a site visit and possible updates. (Development
Review)
19) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
20) Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
21) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control Division and
the Weld County Code in effect at the time of construction, repair, replacement, or modification of
the system. (Department of Public Health and Environment)
22) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the component
to function as designed. (Department of Public Health and Environment)
23) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
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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 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)
25) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs. (Department of Planning Services)
26) Failure to Comply - The property owner shall comply with the recorded plat notes and lot
configuration. Noncompliance may result in the withholding Weld County permits. (Department of
Planning Services)
27) The Resubdivision process shall be followed when proposing changes to a recorded Rural Land
Division plat as described in Article VI of Chapter 24 of the Weld County Code, as amended.
(Department of Planning Services)
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. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
29) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long -established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; f lies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35- 3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
RLDF23-0002 I Sharp Trust
Page 10 of 12
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
4. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within one -hundred -eighty (180) days from the date
of the Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee.
5. Failure to Record. If the Rural Land Division plat has not been recorded within one hundred eighty (180)
days from the date of approval by the Board of County Commissioners, or if an applicant is unable to
meet any of the conditions within one hundred eighty (180) days of approval, the Director of Planning
Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon
a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval
or the extension expires, the application will be forwarded to the Board of County Commissioners for
reconsideration. The entire application may be considered for denial by the Board of County
Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying
or removing the contested conditions of approval.
6. Failure to Construct. If no construction has begun in the Rural Land Division within three (3) years of
the date of the approval of the Rural Land Division Final Plan, the Department of Planning Services
may require the property owner to appear before the Board of County Commissioners and present
evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to continue the Rural Land Division. The Board of County Commissioners
may extend the date for initiation of the Rural Land Division construction and shall periodically require
the applicant to demonstrate that the Rural Land Division has not been abandoned. If the Board of
County Commissioners determines that conditions supporting the original approval of the Rural Land
Division Final Plat have changed or that the property owner cannot implement the Rural Land Division
Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Rural Land
Division Final Plat and order the recorded Rural Land Division vacated.
RLDF23-0002 I Sharp Trust
Page 11 of 12
7. Prior to Construction:
A. The approved access permit shall be obtained, as well as tracking control shall be constructed prior
to on -site construction. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
8. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land
has been approved and recorded per Section 30-28-110(4), C.R.S.
9. In accordance with Appendix 5-J of the Weld County Code, should the Rural Land Division Final Plat
not be recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period.
10. No subdivision development shall commence until a Rural Land Division Final Plan application is
approved and a Rural Land Division Final Plat is recorded in the Weld County Clerk and Recorder's
Office and the improvements be constructed per the terms of the Improvements Agreement.
11. Following recordation of the Rural Land Division Final Plat, the property owners shall create and record
deeds for all the newly created lots; deeds shall include the legal description of each lot and the
reception of the Rural Land Division Final Plat. New deeds are required even if lots will remain under
the same ownership. Failure to do so may create issues with the proper assessment of the lots by the
Weld County Assessor's Office and may create a clouded chain of title.
RLDF23-0002 I Sharp Trust
Page 12 of 12
WERNSMAN
ENGINEERING AND
LAND
DEVELOPMENT LLC
Eric Wernsman
16493 Essex Rd S
Platteville CO 80651
10/31/2023
Diana Aungst, Planner Ill
Weld County Department of Planning Services
1402 N. 17th Avenue,
PO Box 758,
Greeley, Colorado 80632
Re: RLDK23-0001 Sharp Trust — Response to staff comments
Below please find a response to staff comments dated October 24, 2023.
Comment in Section 3 A.
The applicant shall submit written evidence that Development Review requirements have been
addressed and incorporated into the overall plan in the Final Plan application.
1. Access has been shown to all 3 lots
2. The existing 30' easement has been shown to be removed and replaced with 60' ROW
3. Existing access points have been shown to be removed and reclaimed.
4. The roadway within the ROW has been labeled with width and surface type.
Comment in 3 C.
We have had a mineral search done by Crane Hollow Advisors LLC. We have had Melissa Mayer perform
a surface use agreement search based on the mineral search. Please see the email from Melissa Mayer
stating there are no existing surface use agreements for the property.
Comment in 3 D and 3 F.
Weld County staff has been copied on multiple emails from State of Colorado and Central Weld Water.
Please see those emails for further information. Mr. Sharp agrees to meet the conditions of the State of
Colorado and Central Weld Water when the RLD is approved.
Comment in 3 E.
We have emailed the attorney, Mr. Starr, for the Lower Latham 3 times to attempt to find the easement
documentation that he is referencing. Weld County staff has been provided documentation showing the
attempts. We have had title work pulled and are not able to find the easement documentation that Mr.
Starr is referencing. At this time, we are not able to address his comments for lack of information.
Comment on Section 5 of the staff report.
5A. Written correspondence between the applicant and referral agencies addressing comments and
concerns detailed in the Sketch Plat.
• Town of Kersey— Danna Ortiz 970-353-1681
Eric W Called 10/25/2023 Danna restated she had no comments.
• City of Evans —Angela Snyder 970-475-1167
Eric W Called 10/25/2023 left a message 10/25/2023 Michael Hall called me back and stated no
conflicts
• City of Greeley — Don Threewitt 970-350-9802
Eric W Spoke to Don Threewitt on 10/25/2023 he stated he would look into it.
• Town of LaSalle — Paula Kutcher 970-284-6931
Eric W Spoke to Paula Kutcher on 10/25/2023 she stated that their response says they have no
conflict.
• Town of Garden City— Lindsay Shoemaker 970-351-0041
Eric W called, Lindsay was out of the office, Cheryl answered the phone and stated at the last
board meeting it was stated they had no conflict
• Colorado Parks and Wildlife — Mike Grooms 970-472-4309
Eric W Called Mike Grooms on 10/25/2023 and he stated they still do not have an objections.
• LaSalle Fire Protection District —Jeff Cogburn 970 785-2232
Donnie Sharp spoke to Bear Hulsey at LaSalle Fire on 10/25/23 and he stated he did not think
he had any issues with this application.
• Weld County School District RE -6 — Doug Moss 970-350-4201
Eric W Called the office of Diedre Pilch on 10/26/2023 and left a message
• West Greeley Conservation District —John Leone 303-668-4127
Eric W Spoke to Kandee Nourse and they still don't have conflicts
• Central Weld County Water District — Kathy Naibauer 970-352-1284
Eric W called Kathy on 10/25/2023 and the only issue is they will require the cross connection
prevention device on wells that may remain.
• Lower Latham Reservoir Company — Randy Starr randy@starrwestbrook.com
Have emailed 3 times and have not gotten a response.
• Weld County Oil and Gas Energy Department — Kelly Holliday 970-400-3582
Eric W called and left a message on 10/30/2023
• State of Colorado, Division of Water Resources— Wenli Dickinson 303-866-3581 x 8206
Donnie Sharp has spoke to Wenli several times and her comment are reflected in referral
letters provided.
• Weld County Department of Public Health and Environment - Lauren Light 970-400-2211
Eric W called and left a message on 10/30. Lauren replied no outstanding items for this request.
• Weld County Department of Planning Services — Development Review - Melissa King
970-400- 3762 Eric W Spoke to Melissa on 10/25 and she said she would speak to Diana
5B. A statement that addresses any potential non-compliance with the Weld County Code, as
amended, as identified in the Sketch Plan Staff Report with an explanation of how the issues will be
addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new
Sketch Plan for the site. The Department of Planning Services is responsible for determining whether a
major change exists. When more than one (1) year has elapsed since the signed Sketch Plan Staff
Report, a resubmittal of a new Sketch Plan for the site may be required prior to submittal of the Final
Plan application.
This item is not applicable to this project as there are no non-compliance items that have been
identified.
5C. Written correspondence between the applicant and representative of the area utility service
providers which demonstrates that there are adequate utility provisions available to serve the
development.
There is not a request for new or additional utilities with this Rural Land Division. Please also see
email from Atmos Energy Stating they have no issues with the RLD.
5D. A Surface Use Agreement with mineral owners associated with the subject property, if applicable.
Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject
property have been adequately incorporated into the design of the site. Alternatively, the applicant
shall provide written evidence that an adequate attempt has been made to mitigate the concerns
of the mineral owners on the subject property.
A mineral search was completed on the property. Also, research was done by Melissa Mayer to
confirm there were no surface agreements. Please see attachment "Submittal 1 RLDF_Mineral
Search" for further review.
5E. Provide a sketch of the buildings that border Lot A to show the distances from the property line of
Lot A to ensure the buildings are meeting the required offsets. If the offset is not being met a Non -
Conforming Structure permit will be required
A sketch has been provided, please refer to attachment "Submittal 1 RLDF_Building Sketch" for more
detail.
November 7, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400 -
Fax: (970) 304-6498
Emily Tarantini
2912 Ariel Drive
Loveland, CO 80537
Subject: RLDF23-0002 - Rural Land Division Final Plan for the creation of three (3) Lots in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
LOT B of LLA23-0009, being part of NE4 SECTION 34, T5N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 5, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 17, 2024
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respect,
�y
Diana Aungst
Planner
Diana Aungst
From: Eric Wernsman <ejwerns25@gmail.com>
Sent: Wednesday, October 25, 2023 9:47 AM
To: Diana Aungst
Subject: Referrals for Item 5a
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana, here where I am at with items on 5a. If I get call backs I will revise.
• Town of Kersey — Danna Ortiz 970-353-1681
Called 10/25/2023 Danna restated she had no comments.
• City of Evans — Angela Snyder 970-475-1167
Called Angela 10/25/2023 left a message
• City of Greeley — Don Threewitt 970-350-9802
Spoke to Don Threewitt on 10/25/2023 he stated he would look in to it.
• Town of LaSalle — Paula Kutcher 970-284-6931
Spoke to Paula Kutcher on 10/25/2023 she stated that their response says they have no conflict.
• Town of Garden City — Lindsay Shoemaker 970-351-0041
Lindsay was out of the office, Cheryl answered the phone and stated at the last board meeting it was stated they
had no conflict
• Colorado Parks and Wildlife — Mike Grooms 970-472-4309
Called Mike Grooms on 10/25/2023 and he stated they still do not have an objections.
• LaSalle Fire Protection District — Jeff Cogburn 970 785-2232
Called Bear Hulsey at LaSalle Fire and left a message for him to call me back. 10/25/2023
• Weld County School District RE -6 — Doug Moss 970-350-4201
I think this should have been District RE1. I can't find a contact for him.
• West Greeley Conservation District — John Leone 303-668-4127
Spoke to Kandee Nourse and they still don't have conflicts
• Central Weld County Water District — Kathy Naibauer 970-352-1284
I called Kathy on 10/25/2023 and I think she is on vacation.
• Lower Latham Reservoir Company — Randy Starr randyc starrwestbrook.com
Have emailed 3 times and have not gotten a response.
Eric Wernsman
Wernsman Engineering and Land Development LLC
Cell 970-539-2656
1
Hello