HomeMy WebLinkAbout20250244.tiffResolution
Approve Minor Subdivision Final Plan, MINF24-0001, for 5 lots with 1-2 (Medium
Industrial) Zoning — Daniel and Debra Baker
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 29th day of
January, 2025, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose
of hearing the application of Daniel and Debra Baker, 32776 Vista Lake Road, Greeley,
Colorado 80631, for a Minor Subdivision Final Plan, MINF24-0001, for 5 lots with
1-2 (Medium Industrial) Zoning on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -4059; being
part of the S1/2 SE1/4 and the S1/2 S1/2 N1/2
SE1/4 of Section 11, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
Whereas, the applicant was present and represented by Eric Wernsman, P. O. Box 105,
LaSalle, Colorado 80645, and
Whereas, Section 24-5-70 of the Weld County Code provides standards for review of
said Minor Subdivision 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 recommendations 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 application
requirements of Section 24-5-60 of the Weld County Code.
2. The submitted materials are in compliance with Minor Subdivision Final
Plan review criteria, which are located in Section 24-5-70.A.5 of the Weld
County Code. These include referral agency and surrounding property
owner (SPO) comments and compliance with the regulations contained in
the Weld County Code, being the Minor Subdivision Overview and
Standards, per Section 24-5-10 and Section 24-5-20 of the Weld County
Code.
3. The submitted materials are in compliance with Minor Subdivision Final
Plan Overview, per Section 24-5-10 of the Weld County Code, as follows:
Cc: PI- CDE/MN/DA /KR),GANH), ASR(SG),
A PPL
02/2.I /25
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A. The Minor Subdivision process is for subdivisions proposing a
maximum of nine (9) lots, excluding agricultural outlots. The Minor
Subdivision is subject to a two- or three -step review and approval
process. The Minor Subdivision process includes the Minor
Subdivision Sketch Plan and Minor Subdivision Final Plan
applications described in Chapter 24, Article V. The proposed Minor
Subdivision will create five (5) industrial lots and follow the standard
three -step application process.
B. The Minor Subdivision process may include a Change of Zone
application, as described in Chapter 23, Article II, Division 1 and
Section 24-5-50 of the Weld County Code, as amended, and shall
be processed after the Minor Subdivision Sketch Plan application,
and before, or concurrent with, the Final Plan application. Change of
Zone, COZ20-0007, being a rezone from the A (Agricultural) Zone
District to the 1-2 (Medium Industrial) Zone District, was approved by
the Board of County Commissioners on January 6, 2021, and was
recorded on July 7, 2021, under Reception No. 4733235.
C. A Minor Subdivision may only be permitted under a single Final Plan
application. No individual phasing or filings are allowed. This Minor
Subdivision will be completed with a single Final Plan application.
D. Lots which are part of a Historic Townsite, any recorded Planned Unit
Development, or major or minor Subdivision, shall not be divided
further by a Minor Subdivision. The land to be divided by the subject
Minor Subdivision is not part of a Historic Townsite or part of a
recorded Planned Unit Development or subdivision.
E. A Minor Subdivision may be considered an Urban Scale
Development or Non -Urban Scale Development, as defined in
Section 24-1-40 of the Weld County Code, as amended. This Minor
Subdivision is considered a Non -Urban Scale Development. This
development classification is only permitted outside of a one (1) mile
radius of a municipal sewer line and requires a public water source
and public sewer or an On -site Wastewater Treatment System
(OWTS). This development meets these requirements and will be
served by the Central Weld County Water District and each lot will
have an OWTS.
F. The Resubdivision requirements shall be followed when proposing
modifications to a recorded Minor Subdivision Final Plat, as
described in Chapter 24, Article IX of the Weld County Code, as
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amended. Additional lots may be created by the Resubdivision
process within an existing Minor Subdivision, so long as the overall
number of total lots in the existing Minor Subdivision does not exceed
nine (9) buildable lots. If requested by the applicant in the future, the
Resubdivision process will be utilized to amend this subject Minor
Subdivision. Given this Minor Subdivision requests five (5) lots, there
is the potential to amend the Final Plat to include up to four (4)
additional lots.
G. The Minor Subdivision 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 request to adjust the lot configuration between the
Minor Subdivision Sketch Plan (MINK24-0001), by adding one (1)
additional lot, does not constitute the processing of a new Minor
Subdivision Sketch Plan. The change is considered minor and does
not alter the general requirements or compliance with the Weld
County Code. Therefore, despite this adjustment, the Minor
Subdivision application remains in compliance with the relevant
sections of the Weld County Code, specifically, Chapter 22
[Comprehensive Plan], Chapter 23 [Zoning Ordinance] and Chapter
24 [Subdivision Ordinance]. Compliance with these chapters was
demonstrated in both the Minor Subdivision Sketch Plan
(MINK24-0001) and the Change of Zone (COZ20-0007) staff reports.
H. The Minor Subdivision process shall not be used to circumvent the
Planned Unit Development process by locating more than one (1)
Minor Subdivision adjacent to one another. There are no other
existing, or pending, Minor Subdivisions adjacent to this proposed
application.
4. The submitted materials are in compliance with Minor Subdivision Final
Plan Standards, per Section 24-5-20 of the Weld County Code, as follows:
A. The Minor Subdivision is a land division process used to divide a
parcel into a maximum of nine (9) buildable lots and is subject to the
following criteria:
1) The property to be divided by the proposed Minor Subdivision
shall be comprised of legal lots. The property is a single legal
lot, being Lot B of Recorded Exemption, RE -4059, recorded
June 15, 2005, at Reception number 3295087.
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2) Lots within a Minor Subdivision shall be served by a public
water supply system. Potable water will be provided by the
Central Weld County Water District (CWCWD), and a receipt
for the purchase of five (5) taps from the district was included
with the submittal. The CWCWD referral dated November 11,
2024, stated the taps require a line extension. The Line
Extension Agreement has not been executed with the
property owner yet. Lots should not be transferred in
ownership prior to the Line Extension Agreement being
executed.
3) Lots within a Minor Subdivision shall be served by an OWTS
or public sewer. Sewer Service will be provided by an OWTS
and the application has satisfied Chapter 24 of the Weld
County Code, OWTS report requirements. An OWTS report
was included from CDS Engineering Corporation, dated July
16, 2021. The report indicated that based on the conditions
described above, an absorption system should be suitable for
this site. All OWTS shall be engineered and designed for
commercial use.
4) The Minor Subdivision is allowed in any zone district included
in Chapter 23, Article III of the Weld County Code, as
amended, excluding the A (Agricultural) Zone District. The
Minor Subdivision will be located in the 1-2 (Medium -Industrial)
Zone District.
5) Any proposed Minor Subdivision 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 Minor Subdivision or Rural Land Division. The
nearest platted Minor Subdivision is approximately 0.5 miles
south of the Baker property, which is the Hunt-Wiedeman
PUD. The nearest Minor Subdivision is the Weld County
Industrial Park, approximately one (1) mile south of the Baker
subject property. The location of this Minor Subdivision is
compliant with this separation requirement.
6) The minimum parcel size of Minor Subdivision lots shall be
determined by the underlying zone district requirements, per
Chapter 23, Article III of the Weld County Code, as amended.
The minimum lot size in the 1-2 (Medium Industrial) Zone
District is not defined in the Weld County Code. All five (5) of
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the proposed lots will be larger than one (1) acre in size with
public water and septic systems. On average, the lots will
be 15 acres in size. The smallest lot is proposed to be five (5)
acres in size, and the largest lot being a proposed is 35 acres
in size.
7) If the average lot area exceeds three (3) acres in size in an
Estate -zoned Minor Subdivision, no common open space, or
recreational elements are required. The average lot size
is 15.73 acres for this Industrial -zoned Minor Subdivision;
therefore, no common open space or recreational elements
are required.
8) The maximum number of lots within the Minor Subdivision
shall be nine (9) buildable lots, excluding outlots. The
proposed Minor Subdivision involves the creation of five (5)
industrial lots, which is less than nine (9) lots. No outlots are
proposed.
9) A Homeowners Association is required and shall be managed
by the property owners within the Minor Subdivision.
Conditions of approval and Plat Notes shall ensure this
standard. A Declaration of Covenants, Conditions, and
Restrictions (CCRs) shall be recorded, following recordation
of the Minor Subdivision Final Plat.
10) Drainage and utility easements within Minor Subdivision shall
follow the easement standards, per Chapter 24, Article III of
the Weld County Code, as amended. Section 24-5-70.A.4 of
the Weld County Code, being the Minor Subdivision Final
Plan procedure section, states: "The Department of Planning
Services shall schedule the Minor Subdivision Final Plan
utility design on the first available Utilities Coordinating
Advisory Committee meeting, prior to the Board of County
Commissioners hearing. The Utilities Coordinating Advisory
Committee shall review the Final Plan for compliance with
Section 24-3-60 of the Weld County Code, as amended." The
Board of County Commissioners approved the removal of the
Utilities Coordinating Advisory Committee from the Weld
County Code, with the effective date of November 28, 2024.
Because of that, Planning staff will require default Easement
Standards, per Section 24-3-60 of the Weld County Code.
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11) The Minor Subdivision lots shall be accessed via a privately
maintained road, located in a single, internal, publicly
dedicated right-of-way. The proposed Minor Subdivision lots
will access onto a privately maintained road, located in a
single, internal, publicly dedicated right-of-way.
12) All lots within a Minor Subdivision shall connect directly onto
an internal public road. No Minor Subdivision shall contain any
access easement except:
a. Preexisting access easements for nonresidential
purposes, for example: ditch roads, oil and gas facility
access roads, et cetera.
b. Access easements solely for the use of emergency
services.
c. Easements to provide lot owners with access to
common elements located within the Minor
Subdivision.
13) The Minor Subdivision roadway shall intersect with a publicly
maintained roadway. The Minor Subdivision roadway
intersects with County Road 46, which is a publicly maintained
road.
14) The Minor Subdivision internal roadway shall be
perpendicular to the publicly maintained roadway. The Minor
Subdivision internal roadway is perpendicular to
County Road 46.
15) The Minor Subdivision internal roadway shall not access
directly onto County arterial roads or county, state, or federal
highways. The Minor Subdivision internal roadway accesses
onto County Road 46, identified as a collector roadway, per
the 2024 Weld County Functional Classification Map.
According to referral comments from COZ20-0007, the
proposed development is situated on land identified in the
US -85 PEL (Planning and Environmental Linkages) Study as
necessary for future intersection improvements at
U.S. Highway 85 and County Roads 35 and 46. While the PEL
recommendations are conceptual and subject to change, the
development may be affected by future intersection safety
improvements.
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16) The Minor Subdivision roadway shall be maintained by the
Homeowners Association. The Minor Subdivision roadway
will be maintained by the Homeowners Association. Prior to
approval of the Declaration of CCRs, the Weld County
Attorney's Office will ensure the maintenance of the internal
road is addressed, via a Condition of Approval.
17) The Minor Subdivision roadway shall be paved if connecting
to a paved publicly maintained roadway. The Minor
Subdivision roadway may be gravel if connecting to a gravel
publicly maintained roadway. The Minor Subdivision roadway
connects to a paved publicly maintained roadway, therefore,
the Minor Subdivision roadway shall be paved.
18) All accesses shall be in accordance with Chapter 8,
Article XIV of the Weld County Code, as amended. Weld
County Department of Planning Services - Development
Review staff will ensure that accesses are in accordance with
Chapter 8, Article XIV of the Weld County Code.
19) An Improvements/Road Maintenance Agreement may be
required. An Improvements Agreement is required as a
Condition of Approval of this request.
20) The Minor Subdivision shall reasonably accommodate the
requirements of fire districts, police authorities and other
emergency services. Emergency responders and the school
district were sent referrals throughout this Minor Subdivision
process. The LaSalle Fire Protection District referral, dated
November 14, 2024, provided comments regarding the
roadway design and the fire flow requirements, but did not
express any concerns with the request. The Weld County
Sheriffs Office responded with no concerns, in the referral
dated October 17, 2024. These agencies were also notified
during the Minor Subdivision Sketch Plan application and did
not submit any comments at that time.
21) The Minor Subdivision shall be designed to preserve prime
agricultural land. The USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report, dated August 20, 2020,
submitted with the COZ20-0007 application materials, and the
Engineering Geology Report, dated February 12, 2024,
submitted with the MINK24-0001 application, describes the
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property containing primarily vona sandy loam soils. These
soils are classified as "Prime farmland if irrigated;" however,
the property is not irrigated and is not utilized for farming
activities. The subject parcel is located within the West
Greeley Conservation District (WGCD). WGCD returned a
referral dated November 12, 2024, without concerns, but
provided comments consistent with the NRCS Custom Soil
Report from August 20, 2020.
22) The Minor Subdivision shall be designed to preserve
wetlands, wildlife habitats, historical sites and burial grounds.
The proposed subdivision will not have an undue or adverse
impact on wildlife. No known historical site or burial grounds
are on the property. The Colorado Parks and Wildlife referral,
dated October 28, 2024, did not include any comments.
5. The submitted materials are in compliance with other Minor Subdivision
Final Plan review considerations:
A. Municipalities - The site is located within the Intergovernmental
Agreement Area for the Towns of Gilcrest, Milliken, and the City of
Evans, and is also within the three (3) mile referral area of the Towns
of Milliken, LaSalle and Gilcrest, as well as the Cities of Evans and
Greeley. The City of Evans returned a signed Notice of Inquiry (NOI)
describing a desire for annexation, but they are unable to provide
service to the properties. The towns of Gilcrest and Milliken did not
return signed NOI forms. These four (4) municipalities were sent a
referral notice during the Minor Subdivision Final Plan application.
LaSalle returned a referral, dated October 28, 2024, and expressed
an interest to receive all future development applications for review.
The City of Evans returned a referral, dated October 17, 2024, and
indicated they met with the applicant in January of 2024, and
discussed possible annexation, but they could not provide services,
therefore, annexation will not be pursued. The Town of Milliken
returned a referral, dated October 18, 2024, with no concerns. All
municipalities were notified during the COZ20-0007 and
MINK24-0001 processes, expressing the same comments.
B. Surroundings Property Owners - The Department of Planning
Services sent notice to nine (9) SPOs within 500 feet of the subject
parcel. No responses were received. If any responses are received,
they will be included as exhibits for the case.
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C. Surrounding Land Uses - The surrounding lands are a mix of
agricultural farmland, rural residential, on -going oil and gas
operations, and industrial lands. The surrounding lands are zoned
A (Agricultural) and 1-2 (Medium Industrial). There are several Use
by Special Review (USR) permits in the immediate area, including
USR23-0007 (SEF), USR13-0012 (agricultural services business),
USR-1053 (seed production facility), and USR11-0010 (oil and gas
support and service) to the north; SPR23-0005 (outdoor storage and
seed storage), and SUP -31 (dairy) to the east; USR23-0006 (SEF),
MUSR14-0031 (mineral resource development), USR19-0054
(SEF), and USR11-0005 (oil and gas support and service) to the
west.
D. Overlay Districts - The proposed Minor Subdivision is not located
within the Airport Overlay District, 1-25 Overlay District, Historic
Townsite Overlay District, Agricultural Heritage Overlay District,
Geological Hazard Overlay District, MS4 area or within a Special
Flood Hazard Area. Therefore, no additional compliance with
Overlay Districts must be demonstrated. The Colorado Geological
Survey referral, dated August 9, 2024, did not include any
requirements.
Now, Therefore, Be It Resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Daniel and Debra Baker for a Minor Subdivision Final
Plan, MINF24-0001, for 5 lots with 1-2 (Medium Industrial) Zoning on the hereinabove
described parcel of land, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Minor Subdivision Final Plat:
A. The applicant shall submit a Site Plan Review application to amend
SPR21-0001.
B. The applicant shall supply to the Weld County Department of
Planning Services an executed Potable Water Service Agreement
from the Central Weld County Water District.
C. The applicant shall submit the name of the street of the proposed
development, along with the street addresses, for review, to the Weld
County Sheriffs Office, Department of Planning Services -
Addressing, United States Postal Services and LaSalle Fire
Protection District. Evidence of each agency's approval shall be
submitted, in writing, to the Department of Planning Services. This
road name will be used in addressing of the Minor Subdivision lots.
There shall be no duplication of road names within the area.
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D. The applicant shall submit the draft Declaration of CCRs of the
required Homeowners Association, for review and approval by the
Weld County Attorney's Office and Department of Planning Services.
The finalized Declaration of CCRs and Articles of Incorporation shall
be submitted to the Weld County Department of Planning Services
for recordation, with the appropriate recording fee. The CCRs shall
incorporate any changes required by the Weld County Attorney's
Office and Department of Planning Services.
E. The applicant shall submit Certificates from the Secretary of State
demonstrating that the Homeowners Association has been formed
and registered with the state.
F. An Improvements and Road Maintenance Agreement is required for
on -site and triggered off -site improvements at this location. Road
maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include
provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements.
G. A Final Drainage Report and Certification of Compliance, stamped
and signed by a Professional Engineer, registered in the State of
Colorado, is required.
H. A final accepted Traffic Impact Study (TIS), stamped and signed by
a Colorado Licensed Professional Engineer, is required.
2. The Minor Subdivision Final Plat shall delineate the following:
A. All sheets of the plat shall be labeled Minor Subdivision No.
MINF24-0001.
B. The plat shall be prepared in accordance with Section 24-5-80 of the
Weld County Code.
C. The plat shall include the acreage and dimensions of each lot.
D. The applicant shall show and label all existing fencing and any
conflicting boundary evidence.
E. The applicant shall show and label the Minor Subdivision internal,
publicly dedicated road right-of-way. The internal roadway will be
located within the dedicated right-of-way.
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F. The applicant shall show and label the internal Minor Subdivision
Road with the approved road name, width, radii, surface type, etc. A
stop sign and road name sign shall be shown at the proposed
intersection.
G. Each lot shall have a minimum frontage width onto a public roadway
of 30 feet, per Section 24-3-50.H of the Weld County Code.
H. The applicant shall show and label the requisite easements, as
outlined in Section 24-3-60 of the Weld County Code. Utilities shall
be installed underground within these easements, according to
Section 24-3-180 of the Weld County Code; standard exceptions
apply.
I. All recorded easements and rights -of -way shall be delineated on the
plat by book and page number or Reception number.
J. The applicant shall show and label the existing oil and gas
infrastructure onsite. Reference the recorded Easement,
Right -of -Way, and Surface Use Agreement, and access roads
related thereto.
K. County Road 35 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 feet of right-of-way. The
applicant shall delineate and label the existing and future rights -of -
way (along with the documents creating the existing right-of-way)
and the physical location of County Road 35 on the Final Plan map.
If the existing right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code,
Section 23-1-90, the required setback is measured from the
right-of-way line. This road is maintained by Weld County.
L. County Road 46 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 feet of right-of-way. The
applicant shall delineate and label the existing and future rights -of -
way (along with the documents creating the existing right-of-way)
and the physical location of County Road 46 on the Final Plan map.
If the existing right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code,
Section 23-1-90, the required setback is measured from the
right-of-way line. This road is maintained by Weld County.
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M. The applicant shall show and label the preliminarily approved access
(intersection) location, and the appropriate turning radii (65 feet
minimum) and width measured at the right-of-way (40 feet maximum)
on the Final Plan map. The applicant must obtain an Access Permit
in an approved location, prior to construction.
N. The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
0. The applicant shall show and label the required utility easements for
each lot.
P. The applicant shall show on -site parking areas, if applicable.
Q. The following notes shall be delineated on the Minor Subdivision
Final Plat:
1) A Minor Subdivision Final Plan, MINF24-0001, for five (5)
1-2 (Medium Industrial) lots.
2) The lots shall adhere to the bulk standards of the
1-2 (Medium -Industrial) Zone District, listed in Chapter 23,
Article III, Division 4 of the Weld County Code, as amended.
3) All existing and future uses in the Minor Subdivision are
subject to the 1-2 (Medium -Industrial) Zone District
requirements listed in Chapter 23, Article III, Division 4 of the
Weld County Code, as amended.
4) Any future structures or uses onsite may be required to obtain
approval through the appropriate Zoning and Building
Permits.
5) Any future subdivision of land shall be in accordance with
Chapter 24 of the Weld County Code, as amended.
6) Installation of utilities and requirements of the service
providers shall comply with Section 24-3-60 and
Section 24-3-180 of the Weld County Code. Any property
owner shall not construct any improvements within identified
easements.
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7) A Homeowners Association shall be established prior to the
sale of any lot. Membership in the Association is mandatory
for each lot owner. The Association is responsible for liability
insurance, taxes and maintenance of streets, private utilities
and the enforcement of covenants.
8) 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.
9) The access on the site shall be maintained to mitigate any
impacts to the public road, including damages and/or off -site
tracking.
10) 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.
11) The historical flow patterns and runoff amounts on the site will
be maintained.
12) Weld County is not responsible for the maintenance of on -site
drainage related features.
13) Weld County is not responsible for the maintenance on on -site
subdivision roads.
14) Water service may be obtained from the Central Weld County
Water District.
15) The parcel is currently not served by a municipal sanitary
sewer system. Sewage disposal may be by an On -site
Wastewater Treatment System (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.
16) Activity or use on the surface of the ground, over any part of
the OVVTS, 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
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to the structural integrity, or capability, of the component to
function, as designed.
17) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Department of Health and Environment, a Fugitive
Dust Control Plan must be submitted.
18) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan,
submit an Air Pollution Emissions Notice (APEN) application,
and apply for a permit from the Colorado Department of Public
Health and Environment.
19) 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.
20) All buildings shall comply with the setback from oil and gas
wells, per Section 23-4-700, as amended.
21) 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 Codes, 2018 International Energy
Conservation 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, or an Open Hole Inspection shall be
required. A Building Permit must be issued prior to the start of
construction.
22) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on
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the property comply with the Conditions of Approval stated
herein and all applicable Weld County regulations.
23) The Resubdivision process shall be followed when proposing
changes to a recorded Minor Subdivision Final Plat.
24) Failure to Comply - The property owner shall comply with the
recorded plat notes and lot configuration. Noncompliance may
result in withholding Weld County permits.
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 within 120
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 Minor Subdivision final 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 Minor Subdivision
within three (3) years of the date of the approval of the Minor Subdivision
Final Plan by the Board of County Commissioners, 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 Minor Subdivision. The Board of
County Commissioners may extend the date for initiation of the Minor
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Subdivision construction and shall periodically require the applicant to
demonstrate that the Minor Subdivision has not been abandoned. If the
Board of County Commissioners determines that conditions supporting the
original approval of the Minor Subdivision Final Plat have changed or that
the property owner cannot implement the Minor Subdivision Final Plat, the
Board of County Commissioners may, after a public hearing, revoke the
Minor Subdivision Final Plat and order the recorded Minor Subdivision to be
vacated.
6. 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 C.R.S. §30-28-110(4).
7. In accordance with Appendix 5-J of the Weld County Code, should the
Minor Subdivision 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.
8. No subdivision development shall commence until a Minor Subdivision Final
Plan application is approved and a Minor Subdivision 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.
9. Following recordation of the Minor Subdivision 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 Minor Subdivision 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.
10. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. The approved access and tracking control shall be constructed.
C. The applicant must obtain an Access Permit for the approved
location on County Road 46.
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The Board of County Commissioners of Weld County, Colorado, adopted the
above and foregoing Resolution, on motion duly made and seconded, by the following
vote on the 29th day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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