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DEPARTMENT OF PLANNING SERVICES
RESUBDIVISION
Maxwell Nader
RES24-0004
Arta and Patrick Williams
9391 CR 126, Carr, CO 80612
Brian Church
26774 Ford Rd, Cheyenne, WY 82009
Hearing Date: September 25, 2024
Resubdivision of Lots 1 through 8 of Block 4 and that part of vacated 6th Street and alleys
of the Town of Carr and associated vacation of the south 40 feet of Lincoln Avenue rights
of way and the west 40 feet of 5th Street resulting in one (1) lot.
Lots 1-8 and vacated right of way of Block 4 of Carr Town: being part of the NE4NW4 of
Section 27, T11 N, R67W of the 6th P.M., Weld County, CO
North of and adjacent to Stevenson Ave; West of and adjacent to 5th St
0201-27-0-05-001
Well Permit # 333014 Sewer Service: Septic Permit # G-850113
+1- 2.643 acres Zoning: A (Agricultural)
The criteria for review of this Resubdivision are listed in Chapter 24 Article IX of the Weld County Code.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
➢ Weld County Department of Planning Services - Development Review, referral dated June 10, 2024
➢ Weld County Department of Public Health and Environment, referral dated April 2, 2024
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
➢ Colorado Division of Water Resources, referral dated April 10, 2024
➢ Weld County Sheriff's Office, referral dated August 12, 2024
➢ West Greeley Conservation District, referral dated April 8, 2024
The Department of Planning Services' Staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ Nunn Fire Protection District
➢ Weld County School District RE -9
RES24-0004
Page 1 of 5
Narrative:
The applicant is proposing a Resubdivision to combine Lots 1 through 8 of Block 4 and that part of vacated 6th
Street and alleys of the Town of Carr and associated vacation of the south 40 feet of Lincoln Avenue right-of-way
and the west 40 feet of 5th Street right-of-way resulting in one (1) lot.
Per Section 23-5-430.A the County will not issue a building permit for any structure located within a Historic
Townsite that enters the setback or offset established for the underlying zone district or extends over Lot lines.
The eight (8) current lots size restrict a dwelling from currently being built, therefore the applicant is proposing to
combine the eight (8) lots into one, along with vacating the rights of way.
The plat of the Townsite of Carr was recorded July 13, 1907, under reception # 121148. The Townsite is zoned
(A) Agricultural. There are no covenants or Homeowners' Association. There are no new easements proposed
with this Resubdivision. Additionally, no easements will be removed or modified. The Resubdivision request is
consistent with the size and use of the other lots within Carr Town and does not change the overall design,
concept, or nature of the subdivision. Additionally, the proposed vacation of the right-of-way will not negatively
interfere with traffic as the existing right-of-way is not actively being utilized for the public and does not negatively
impact other lots in the Town of Carr from having direct access to right-of-way.
Upon construction of the new dwelling, the current dwelling will be demolished. The new dwelling will be served
by a properly permitted well (333014) and septic system (G-850113). There are also two existing sheds on the
property that will remain.
The Department of Planning Services' staff recommends that this request be approved for the following reasons:
It is the opinion of the Department of Planning Services that the Resubdivision submittal has met the Overview
and Standards per Sections 24-9-10 and 24-9-20 of the Weld County Code as amended. Pertinent processing
information includes:
A. Section 24-9-10. A of the Weld County Code states, in part: "The Resubdivision process is used to modify a
Historic Townsite, Minor Subdivision, Rural Land Division or recorded Subdivision plat to add or consolidate
lots.
11
This Resubdivision is being utilized to consolidate lots and rights of way within the platted Townsite of Carr
that was recorded July 13, 1907, under reception 121148.
B. Section 24-9-20. A.4 of the Weld County Code states: "Resubdivision lots shall be served by an adequate
water source."
The proposed Resubdivision lot is served by an individual well (permit 333014) which is permitted for
residential use. This Resubdivision will not impact this use of this well.
C. Section 24-9-20. A.3 of the Weld County Code states: "The minimum parcel size of any Resubdivision Lot
shall be determined by the underlying zone district or Historic Townsite requirements per Chapter 23, Articles
III and V of the Weld County Code, as amended."
The parcel size, after the Resubdivision, is roughly 3.4 acres. This acreage does not meet the minimum 35 -
acre requirement as stated in the Agricultural Zone District. However, these lots were created in 1907 and by
combining them together nonconformity is being reduced.
D. Section 24-9-20. A.5 of the Weld County Code states: "Resubdivision lots shall be served by an on -site
wastewater treatment system (OWTS existing) or public sewer."
The proposed Resubdivision lot will be served by an existing on -site wastewater treatment system
(G19850112). Any new residences will require an additional on -site wastewater treatment system to be
installed and properly permitted.
RES24-0004
Page 2 of 5
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral agencies.
1. Prior to Recording the Resubdivision Plat:
B. The plat shall be amended to delineate the following:
1. All pages shall be labeled RES24-0004. (Department of Planning Services)
2. The plat shall be prepared per Section 24-9-50. of the Weld County Code. (Department of Planning
Services)
3. The plat shall contain the certification blocks per Appendix 24-E of the Weld County Code.
(Department of Planning Services)
4. Show the lot lines being adjusted with a dashed line type and show the new lot boundary with a
heavy -weight line type. (Department of Planning Services)
5. Show and label all recorded easements and rights -of -way on the map by book and page number or
reception number. (Department of Planning Services)
6. Stevenson Avenue is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The
applicant shall delineate and label on the plat the existing right-of-way (along with its creating
documents) and the physical location of Stevenson Avenue. (Development Review)
7. 5th Street is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall
delineate and label on the plat the existing right-of-way (along with its creating documents) and the
physical location of 5th Street. (Development Review)
8. Show and label the existing access point on Stevenson Avenue located approximately 145 feet west
of 5th Street. The access label shall include the applicable usage types (Agricultural, Residential,
and/or Oil and Gas). Development Review will review access locations as a part of the plat submittal.
(Development Review)
9. Show the existing access point on Stevenson Avenue located approximately 55 feet west of 5th
Street, and label it, "TO BE CLOSED AND RECLAIMED". (Development Review)
10. Show the existing access points on Stevenson Avenue located approximately 145 feet west of 5th
Street and label it as, "TO BE CLOSED AND RECLAIMED". (Development Review)
11. Show and label the proposed residential access on Stevenson Avenue located approximately 260
feet west of 5th Street. Label the access as "PROPOSED RESIDENTIAL ACCESS". (Development
Review)
12. Provide reception numbers for all previously vacated right-of-way located within the proposed
Resubdivision. (Development Review)
13. Provide a right-of-way vacation statement to protect all utilities located within proposed right-of-way
being vacated by this plat. (Development Review)
14. Include language for the vacated right-of-way in the plat title. (Development Review)
RES24-0004
Page 3 of 5
15. Provide and delineate a utility easement (at a width specified by the utility owner) for any existing
utility located within any right-of-way to be vacated. (Development Review)
A. The following notes shall be delineated on the Resubdivision Plat:
1. Resubdivision, RES24-0004, consolidates Lots 1 through 8 of Block 4 and that part of vacated 6th
Street and alleys of the Town of Carr and associated vacation of the south 40 feet of Lincoln Avenue
rights of way and the west 40 feet of 5th Street resulting in one (1) lot. (Department of Planning
Services)
2. Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S.,
as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning Services)
3. Allowed uses in the Resubdivision consist of A (Agricultural) uses listed in Chapter 23, Article III of
the Weld County Code. (Department of Planning Services)
4. The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article IX of
the Weld County Code. (Department of Planning Services)
5. Installation of utilities and requirements of the service providers shall comply with Section 24-3-60 of
the Weld County Code. (Department of Planning Services)
6. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
7. Access to the site shall be maintained to mitigate any impacts to Stevenson Avenue including
damages and/or offsite tracking. (Development Review)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Development Review)
9. Water service may be obtained from an appropriately permitted individual well. (Department of Public
Health and Environment)
10. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by on -site wastewater treatment systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or modification of the system.
(Department of Public Health and Environment)
11. Activity or use on the surface of the ground over any part of the on -site wastewater treatment systems
must be restricted to that which shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and Environment)
12. The owners should be aware that while they may be able to obtain a well permit from the Office of
the State Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e., domestic use only, etc. Also, the applicant/owner should be made aware
that groundwater may not meet all drinking water standards as defined by the Colorado Department
of Public Health and Environment. We strongly encourage the applicant to test their drinking water
prior to consumption and periodically test it over time. (Department of Public Health and Environment)
13. HISTORIC TOWNSITE STATEMENT: Historic Townsites are an important part of Weld County's
history, culture, and economy. These subdivisions were created in the late 19th and early 20th
centuries. Persons moving into Historic Townsites must recognize and accept there are potential
drawbacks in Historic Townsites that may not be present in modern subdivisions, including concerns
related to stormwater drainage, water supply limitations, setbacks between wells and septic systems,
RES24-0004
Page 4 of 5
road access, and road maintenance. Weld County does not maintain internal roads within Historic
Townsites unless expressly authorized by resolution of the Board of County Commissioners.
B. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for preliminary approval to the
Weld County Department of Planning Services.
2. The Resubdivision revised draft plat shall be submitted once an application is approved. The applicant shall
electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and
Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat
and completion of the conditions of approval, the applicant shall submit the signed and notarized approved
plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld
County Clerk and Recorder by the Department of Planning Services. The approved plat and additional
requirements shall be recorded within one hundred twenty (120) days from the date the administrative review
was signed or from the date of approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fee.
3. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for
recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners.
If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by
the Board of County Commissioners, the Chair of the Board shall sign the plat.
4. In accordance with Appendix 5-J of the Weld County Code, should the plat not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional 3 -month period.
RES24-0004
Page 5 of 5
Planner:
Case Number:
Request:
Applicant:
Legal
Description:
Location:
Water supply:
Lot Size total:
DEPARTMENT OF PLANNING SERVICES
RESUBDIVISION
ADMINISTRATIVE REVIEW
Eric Sheley Parcel No.: 0201-27-0-05-001
RES24-0004
Resubdivision of Lots 1 through 8 and Right of Way of Block 4 of Carr Town, resulting in
one lot
Arta and Patrick Williams c/o Brian Church
Lots 1-8 and vacated right of way of Block 4 of Carr Town: being part of the NE4NW4 of
Section 27, T11 N, R67W of the 6th P.M., Weld County, CO
North of and adjacent to Stevenson Ave; West of and adjacent to 5th St
Well Permit # 333014 Sewer Service: Septic Permit # G-850113
+/- 2.643 acres
Zoning: A (Agricultural)?
The criteria for review of this Resubdivision are listed in Section 24-5-30 of the Weld County Code.
The Department of Planning Services' Staff has received responses with comments from the following agencies:
➢ Weld County Department of Planning Services - Development Review, referral dated April 10, 2024
➢ Weld County Department of Public Health and Environment, referral dated April 2, 2024
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
➢ Colorado Division of Water Resources, referral dated April 10, 2024
➢ Weld County Sheriff, referral dated March 20, 2024
➢ West Greeley Conservation District, referral dated April 8, 2024
The Department of Planning Services' Staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ Nunn Fire Protection District
➢ Weld County School District RE -9
Narrative:
The applicant is proposing to combine eight (8) lots and vacated right of way, to create one (1) buildable lot in Carr
Town. Per Section 23-5-430.A the County will not issue a building permit for any structure located within a Historic
Townsite that enters the setback or offset established for the underlying zone district or extends over Lot lines. The
eight (8) current lots size restrict a dwelling from currently being built, therefore the applicant is proposing to combine
the eight (8) lots into one. The purpose of the Resubdivision is to build a generational living home on the property
so the owner's daughter and son in law can move on to the land to help an elderly parent.
The plat of the Townsite of Carr was recorded July 13, 1907, under reception # 121148. The Townsite is zoned (A)
Agricultural. There are no covenants or Homeowners' Association. There are no new easements proposed with this
Resubdivision. Additionally, no easements will be removed or modified. The Resubdivision request is consistent with
the size and use of the other lots within Carr Town and does not change the overall design, concept, or nature of the
subdivision.
Upon construction of the new dwelling, the current dwelling will be demolished. The new dwelling will be served by
a properly permitted well (333014) and septic system (G-850113). There are also two existing sheds on the property
that will remain.
Approved with Conditions:
The Weld County Department of Planning Services has determined through an administrative review that the
Resubdivision Overview and Standards per Sections 24-9-10 and 24-9-20 of the Weld County Code have
been met. This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request and responses from referral agencies.
1. Pertinent processing information includes:
A. Section 24-9-10. A of the Weld County Code states, in part: "The Resubdivision process is used to modify
a Historic Townsite, Minor Subdivision, Rural Land Division or recorded Subdivision plat to add or
consolidate lots."
This Resubdivision is being utilized to consolidate lots within the platted Townsite of Carr that was
recorded July 13, 1907, under reception # 121148
B. Section 24-9-20. A.4 of the Weld County Code states: "Resubdivision lots shall be served by an adequate
water source."
The proposed Resubdivision lot is served by an individual well (permit 333014)
which is permitted for residential use.
C. Section 24-9-20. A.3 of the Weld County Code states: "The minimum parcel size of any Resubdivision Lot
shall be determined by the underlying zone district or Historic Townsite requirements per Chapter 23,
Articles Ill and V of the Weld County Code, as amended."
The parcel size after the Resubdivision is +/- 2.6 acres. This acreage does not meet the minimum 35 -acre
requirement as stated in the Agricultural Zone District however, since these are platted, lots created in
1907 the 35 -acre requirement does not apply.
D. Section 24-9-20. A.5 of the Weld County Code states: "Resubdivision lots shall be served by an on -site
wastewater treatment system (OWTS existing) or public sewer."
The proposed Resubdivision lot will be served by an existing on -site wastewater treatment system
(G19850112). Any new residences will require an additional on -site wastewater treatment system to be
installed and properly permitted.
This Resubdivision is approved with the following conditions of approval in accordance with information
submitted in the application and the policies of Weld County.
1. Prior to Recording the Resubdivision Plat:
B. The plat shall be amended to delineate the following:
1. All pages shall be labeled RES24-0004.
2. The plat shall be prepared per Section 24-9-50. of the Weld County Code.
3. The plat shall contain the certification blocks per Appendix 24-E of the Weld County Code. Do not
place the Board of County Commissioners Certificate Block on the plat.
4. Show the lot lines being adjusted with a dashed line type and show the new lot boundary with a
heavy -weight line type.
5. Show and label all recorded easements and rights -of -way on the map by book and page number or
reception number.
6. Stevenson Avenue is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The
applicant shall delineate and label on the plat the existing right-of-way (along with its creating
documents) and the physical location of Stevenson Avenue.
7. 5th Street is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall
delineate and label on the plat the existing right-of-way (along with its creating documents) and the
physical location of 5th Street.
8. Show and label the existing access point on Stevenson Avenue located approximately 145 feet west
of 5th Street. The access label shall include the applicable usage types (Agricultural, Residential,
and/or Oil and Gas). Development Review will review access locations as a part of the plat submittal.
9. Show the existing access point on Stevenson Avenue located approximately 55 feet west of 5th
Street, and label it, "TO BE CLOSED AND RECLAIMED".
A. The following notes shall be delineated on the Resubdivision Plat:
1. Resubdivision, RES24-0004, consolidates Lots 1-8 and vacated right of way of Block 4 of Carr Town
into one (1) lot.
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.
3. Allowed uses in the Resubdivision consist of A (Agricultural) uses listed in Chapter 23, Article III of
the Weld County Code.
4. The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article IX of
the Weld County Code.
5. 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.
RES24-0004
Page 3 of 6
6. Access to the site shall be maintained to mitigate any impacts to Stevenson Avenue including
damages and/or offsite tracking.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. Water service may be obtained from an appropriately permitted individual well.
9. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by on -site wastewater treatment systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or modification of the system.
10. Activity or use on the surface of the ground over any part of the on -site wastewater treatment systems
must be restricted to that which shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed.
11. The owners should be aware that while they may be able to obtain a well permit from the Office of
the State Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e., domestic use only, etc. Also, the applicant/owner should be made aware
that groundwater may not meet all drinking water standards as defined by the Colorado Department
of Public Health and Environment. We strongly encourage the applicant to test their drinking water
prior to consumption and periodically test it over time.
12. HISTORIC TOWNSITE STATEMENT: Historic Townsites are an important part of Weld County's
history, culture, and economy. These subdivisions were created in the late 19th and early 20th
centuries. Persons moving into Historic Townsites must recognize and accept there are potential
drawbacks in Historic Townsites that may not be present in modern subdivisions, including concerns
related to stormwater drainage, water supply limitations, setbacks between wells and septic systems,
road access, and road maintenance. Weld County does not maintain internal roads within Historic
Townsites unless expressly authorized by resolution of the Board of County Commissioners.
13. 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.
14. 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
RES24-0004
Page 4 of 6
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; flies 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
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, sand burs, 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.
2. Next Steps:
Per Section 24-9-50 of the Weld County Code: The Resubdivision revised draft plat shall be submitted once
an application is approved. The applicant shall electronically submit the draft plat in PDF format to the
Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat
back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent
rounds of review. Upon approval of the draft plat and completion of the conditions of approval, the applicant
shall submit the signed and notarized approved plat to the Department of Planning Services. The approved
plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning
Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120)
days from the date the administrative review was signed or from the date of approval by the Board of County
Commissioners. The applicant shall be responsible for paying the recording fee.
3. Enforcement:
Per Section 24-9-60 of the Weld County Code:
A. If the Resubdivision plat has not been recorded within one hundred twenty (120) days from the
date the Staff Report was administratively signed or 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
twenty (120) 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.
RES24-0004
Page 5 of 6
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.
B. The property owner shall comply with the recorded plat notes and lot configuration.
Noncompliance may result in locking of the lots and withholding Weld County permits.
C. 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.
4. Plat Recording Process:
Per 24-9-40. K. of the Weld County Code: Upon completion of the conditions of approval and acceptance of
the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed
and notarized by the property owners. If approved by the Department of Planning Services, the Planning
Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall
sign the plat.
Per 24-9-40. L. of the Weld County Code: The Department of Planning Services shall submit the plat to the
Weld County Clerk and Recorder for recording.
Per 24-9-40. M. of the Weld County Code: The Resubdivision is approved and binding on the date the plat is
recorded with the Weld County Clerk and Recorder.
Per Appendix 5-J of the Weld County Code, Planning Fee Schedule Item #20; (Ordinance 2020-19, effective
January 1, 2021), should the plat not be recorded within the required one hundred twenty (120) days from
the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for
each additional three (3) month period that the plat has not been recorded, beyond the initial one hundred
twenty (120) days.
5. Recording New Deeds:
The applicant 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 Resubdivision 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 Department and may create a clouded chain of title.
By: Date: June 28, 2024
Eric Sheley, Planner
RES24-0004
Page 6 of 6
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