HomeMy WebLinkAbout20250245.tiffBefore the Weld County, Colorado, Planning Commission ---�
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Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Biwer, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: MINF24-0001
Applicant: Daniel and Debra Baker
Planner: Maxwell Nader
Request: A Final Plan for a Minor Subdivision of 5 lots with 1-2 (Medium Industrial) Zoning.
Legal Description: Lot B 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.
Location: North of and adjacent to County Road 46; west of and adjacent to County Road
35.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the Minor Subdivision Final Plan application
requirements per Section 24-5-60 of the Weld County Code.
The submitted materials are in compliance with Minor Subdivision Final Plan review criteria. The
criteria for recommendation are located in Section 24-5-70.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, being the Minor Subdivision Overview and Standards per Section
24-5-10 and Section 24-5-20 of the Weld County Code.
The submitted materials are in compliance with Minor Subdivision Final Plan Overview per Section
24-5-10 (lettered A thru H) of the Weld County Code, as follows:
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 Article V of Chapter 24.
The proposed Minor Subdivision will create five (5) industrial lots. This Minor Subdivision
application followed 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 # 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 or 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.
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 2
This Minor Subdivision is considered a Non -Urban Scale Development This development
classification is only permitted outside of one (1) mile of a municipal sewer line and requires a
public water source and public sewer or onsite wastewater treatment systems This development
meets these requirements This development will be served by Central Weld County Water District
and each lot will have individual on -site wastewater treatment systems (OWTS)
F The Resubdivision requirements shall be followed when proposing modifications to a recorded
Minor Subdivision Final Plat as descnbed 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 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, ll and Ill 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 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 mom 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 (numbered 1 thru 22) of the Weld County Code, as follows
A The property to be divided by the proposed Minor Subdivision shall be compnsed of legal lots
The property is a single legal lot, being Lot B of Recorded Exemption RE -4059, recorded June
15, 2005, reception # 3295087
B Lots within a Minor Subdivision shall be served by a public water supply system
Potable water will be provided from the Central Weld County Water District (CWCWD), a
receipt for purchase of five (5) taps from the district was included with the submittal CWCWD
referral dated November 11, 2024 states that 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
C Lots within a Minor Subdivision shall be served by an on -site wastewater treatment system
(OWTS) or public sewer
Sewer Service will be provided by on -site wastewater treatment systems (OWTS) and the
application has satisfied Chapter 24, On -site Wastewater Treatment Systems (OWTS) report
requirements of the Weld County Code
RESOLUTION MINF24-0001
Daniel and Debra Baker
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An On -site Wastewater Treatment System report was included from CDS Engineering
Corporation which is dated July 16, 2021 The report indicated "Based on the conditions
described above, an absorption system should be suitable for this site " All OWTS shall be
engineered designed for commercial use
D The Minor Subdivision is allowed in any zone distnct included in Chapter 23, Article Ill of the
Weld County Code, as amended, excluding the A (Agricultural) Zone Distnct
The Minor Subdivision will be located in the 1-2 (Medium -Industrial) Zone District
E Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one -quarter
(14) mile, in any direction, as measured from the extenor 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 1 mile south of the Baker subject property The location of this Minor
Subdivision is compliant with this separation requirement
F The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone
district requirements per Chapter 23, Article Ill 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 the proposed five (5) lots will be larger than one_(1) acre in size with public
water and septic systems , On average the lots will be fifteen (15) acres in size The smallest
lot is proposed to be five (5) acres in size with the largest lot being a proposed thirty-five (35)
acres in size
G 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 of this request
H 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
I A Homeowners Association is required and shall be managed by the property owners within
the Minor Subdivision
A Homeowners Association shall be required Conditions of approval and Plat Notes shall
ensure this standard A Declaration of Covenants, Conditions, and Restrictions shall be
recorded, following recordation of the Minor Subdivision Final Plat
J Drainage and utility easements within Minor_Subdivis►on shall follow the easement standards
per Chapter 24, Article lll'of the Weld County Code, as amended
Section 24-5-70 A4 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
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 4
Advisory Committee from the Weld County Code, with the effective date of November 28,
2024 With that being said Planning staff will require default Easement Standards per Section
24-3-60 of the Weld County Code
K The Minor Subdivision lots shall be accessed via a pnvately maintained road located in a single
internal publicly dedicated nght-of-way
The proposed Minor Subdivision lots will access onto a privately maintained road, located in a
single internal publicly dedicated right-of-way
L 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
M 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
N The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained
roadway
The Minor Subdivision internal roadway is perpendicular to County Road 46
O 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 the Change of Zone case, 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 US -85 and County Roads 35/46 While the
PEL recommendations are conceptual and subject to change, the development may be
affected by future intersection safety improvements
P The Minor Subdivision roadway shall be maintained by the Homeowners Association
The Minor Subdivision roadway will be maintained by the Homeowners Associations Prior to
approval of the Declaration of Covenants, Conditions, and Restrictions, the Weld County
Attorney's Office will ensure the maintenance of the internal road is addressed via a condition
of approval
Q 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
RESOLUTION MINF24-0001
Daniel and Debra Baker'
Page 5
R 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
S An Improvements/Road Maintenance Agreement maybe required -
An Improvements Agreement is required as a condition of approval of this request
T The Mmor Subdivision shall reasonably accommodate the requirements of fire distncts, police
authonbes 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, the Fire
District did not have any concerns with the request The Weld County Sheriffs Office
responded with no concerns in their 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
U The Mmor Subdivision shall_be designed to preserve prime agricultural land
The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated
August 20, 2020, as submitted in the COZ20-0007 application Materials, and the Engineering
Geology Report dated February 12, 2024, submitted with the MINK24-0001 application,
describes the 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
✓ The Mmor Subdivision shall be designed to preserve wetlands, wddhfe habitats, -historical sites
and bunal grounds
The proposed subdivision will not have an undue pr 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 and the Cities of Evans and Greeley The City of Evans
returned a signed NOI describing a desire for annexation, but the city is unable to provide service
to the properties The towns of Gilcrest and Milliken did not return signed Notice of Inquiry form
These four municipalities were sent a referral notice during the Minor Subdivision Final Plan
application La Salle 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 delineated that the city and applicant met back in January of 2024
and discussed possible annexation, but the city cannot 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 process and MINK24-0001
process expressing the same comments
RESOLUTION MINF24-0001
Daniel and Debra Baker
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B. Surroundings Property Owners - The Department of Planning Services sent notice to nine (9)
surrounding property owners within 500 -feet of the subject parcel. No responses have been
received back. If any responses are received prior to the public hearings, they will be included
as exhibits for the case.
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
permits in the immediate area including USR23-0007 (SEF) to the north; USR13-0012
(agricultural services business) to the north, USR-1053 (seed production facility) to the north;
USR11-0010 (oil and gas support and service) to the north; SPR23-0005 (outdoor storage and
seed storage) to the east; SUP -31 (dairy) to the east; USR23-0006 (SEF) to the west; MUSR14-
0031 (mineral resource development) to the west; USR19-0054 (SEF) to the west; 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.
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 MINOR SUBDIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Minor Subdivision Final Plat:
A. The applicant shall submit a Site Plan Review application to amend SPR21-0001. (Department
of Planning Services)
B. The applicant shall supply to the Weld County Department of Planning Services an executed
Potable Water Service Agreement from Central Weld County Water District. (Department of
Planning Services)
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 Sheriff's 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. (Department of Planning Services)
D. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions
(CCR) 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.
(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. (Department of
Planning Services)
F. An Improvements and Road Maintenance Agreement is required for on -site
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
and triggered off-
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 7
improvements (Development Review)
G A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Development Review) ,
H A final accepted TIS stamped and signed by a Colorado Licensed Professional Engineer is
- - required (Development Review)
2 The Minor Subdivision Final Plat shall delineate the following
A All sheets of the plat shall be labeled Minor Subdivision No MINF24-0001 (Department of
Planning Services)
B The plat shall be prepared in accordance with Section 24-5-80 of the Weld County Code
(Department of Planning Services) -
C The plat shall include the acreage and dimensions of each lot (Department of Planning
Services) -
D Show and label all existing fencing and any conflicting boundary evidence (Department of
Planning Services)
E- Show and label the Minor Subdivision internal publicly dedicated road right-of-way Within the
dedicated right-of-way, the internal roadway will be located (Department of Planning Services)
F 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
(Department of Planning Services)
G Each lot shall have a minimum frontage width onto a public roadway of thirty (30) feet per
Section 24-3-50 H of the Weld County Code (Department of Planning Services)
H Show and label the requisite easements Section 24-3-60 of the Weld County Code Utilities
shall be installed underground within these easements according to Section 24-3-18O of the
Weld County Code, standard exceptions apply (Department of Planning Services)
I 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) -
J Show and label the existing oil and gas infrastructure on site Reference the- recorded
- Easement, Right-of-way and Surface Use Agreement and access roads related thereto
(Department of Planning Services)
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 on the Final Plan map 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 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 (Development Review)
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, on the Final Plan map 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 If the existing right-of-way cannot be verified it shall be
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 8
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 (Development Review)
M Show and label the preliminarily approved access (intersection) location, and the appropriate
turning radii (65' minimum) and width measured at the right-of-way (40' maximum) on the Final
Plan map The applicant must obtain an access permit in an approved location prior to
construction (Development Review)
N 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 (Development Review)
O Show and label the required utility easements for each lot (Development Review)
P The applicant shall show on -site parking areas, if applicable (Development Review)
3 The following notes shall be delineated on the Minor Subdivision Final Plat
1) A Site Specific Development Plan and Minor Subdivision Final Plan, MINF24-0001, for five (5)
1-2 (Medium Industrial) lots (Department of Planning Services)
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 (Department of
Planning Services)
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 (Department of Planning Services)
4) Any future structures or uses on site may be required to obtain approval through the appropriate
zoning and building permits (Department of Planning Services)
5) Any future subdivision of land shall be in accordance with Chapter 24 of the Weld County Code,
as amended (Department of Planning Services)
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 (Department of Planning Services)
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
(Department of Planning Services)
8) 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)
9) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking (Development Review)
10) 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)
11) The historical flow patterns and runoff amounts on the site will be maintained (Development
Review)
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 9
12) Weld County Is not responsible for the maintenance of on -site drainage related features
-(Development Review)
13) Weld County is not responsible for the maintenance on on -site subdivision roads (Development
Review)
-
14) Water service may be obtained from Central Weld County Water District (Department of Public
Health and Environment)
-
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 (Department of Public Health and Environment)
16) 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)
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 Environmental Health Services, a fugitive dust control plan must be submitted
' (Department of Public Health and Environment)
18) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and apply for a permit
from the Colorado Department of Public Health and Environment (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-Wde Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs (Department of Planning'Services)
20) All buildings shall comply with' the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
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 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)
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 the property comply with the Conditions of
Approval and` Development Standards stated herein and all applicable Weld County regulations
(Department of Planning Services)
23) The Resubdivision process shall be followed when proposing changes to a recorded Minor
Subdivision Final Plat
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 10
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 (Department of
Planning Services)
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 -
twenty (120) 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 Minor Subdivision final 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 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 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
7 The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such
subdivided land has been approved and recorded per Section 30-28-110(4), C R S
8 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 3 -month period
9 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
10 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 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
11 Prior to Construction
RESOLUTION MINF24-0001
Daniel and Debra Baker
Page 11
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
B ' The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
_ C _The applicant must obtain an access permit for the approved location on County Road 46
(Development Review)
Motion seconded by Virginia Guderjahn
VOTE
For Passage Against Passage
Pamela Edens
Michael Wailes
Michael Pal¢zi
Virginia Guderjahn
Michael Biwer
Cindy Beemer
Absent
Butch White
Barney Hammond
Jay Pier
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, _
Colorado, adopted on January 7, 2025
Dated the 7►h day of January 2025
Michelle Wall
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, January 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Michael Biwer, Cindy
Beemer.
Absent/Excused: Butch White, Barney Hammond, Jay Pier.
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Lauren Light,
Department of Health, Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the December 3, 2024, Weld County Planning Commission minutes, Moved by Cindy
Beemer, Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
MINF24-0001
Daniel and Debra Baker
Maxwell Nader
A Final Plan for a Minor Subdivision of 5 lots with 1-2 (Medium Industrial)
Zoning.
Lot B Recorded Exemption RE -4059; being part of the S1/2 SE1/4 and the
S1/2 S1/2 N1/2 SE1/4 /4 of Section 11, Township 4 North, Range 66 West
of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 46; west of and adjacent to County
Road 35.
Maxwell Nader, Planning Services, presented Case MINF24-0001, reading the recommendation and
comments into the record.
The proposed Minor Subdivision involves the creation of 5 industrial lots. No outlots are proposed.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Eric Wernsman, 16493 Essex Road South, Platteville, Colorado. Mr. Wernsman stated that is his
representing Dan Baker. He said the water was sold when Dan Baker purchased the property. Dan has
purchased Water taps for each lot.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jake Pitcher, 16509 County Road 46, LaSalle, Colorado. Mr. Pitcher shared he feels that having an
industrial subdivision in his backyard is a financial blow to him and his neighbors. He is not in support of
this application.
Eric Wernsman explained that the property was zoned 1-2 in 2021 and they are requesting to divide the lots
at this time. He said they will be going through site plan processes and will be cognizant of the neighbors.
Staff made a recommendation to replace Condition of Approval 1 F with "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
Motion Amend Condition of Approval 1 F as recommended by staff Moved by Michael Palizzi,
Seconded by Cindy Beemer Motion passed unanimously
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case MINF24-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Virginia Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Cindy Beemer, Michael Biwer, Virginia Guderjahn, Pamela Edens, Michael Palizzi, Michael Wailes
Commissioner Edens stated it was nice to see a subdivision going in
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 52 p m
Respectfully submitted,
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Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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