HomeMy WebLinkAbout20252481.tiffResolution
Approve Resubdivision, RES24-0013, to vacate dedicated rights -of -way and
combine Lots 25 through 32, Block 5, Town of Roggen, and Roggen Resubdivision
No. 1, Lot 1, to create one (1) parcel — Southeast Weld Fire Protection District,
c/o Tom Beach
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 10th day of
September, 2025, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of the Southeast Weld Fire Protection District, c/o Tom Beach,
95 West Broadway Avenue, Keenesburg, Colorado 80643, for a Resubdivision,
RES24-0013, to vacate dedicated rights -of -way and combine Lots 25 through 32,
Block 5, Town of Roggen, and Roggen Resubdivision No. 1, Lot 1, to create one (1)
parcel, on the following described real estate, being more particularly described as
follows:
Lots 25 through 32, Block 5, Town of Roggen; Lot 1 of Roggen
Resubdivision No. 1; and part of Harrison Street Right-of-way; all a part of
Section 6, Township 2 North, Range 62 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was represented by Cathy Tallerico, Lyons
Gaddis, PC, 515 Kimbark Street, 2nd Floor, P.O. Box 978, Longmont, Colorado 80502,
and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicants and the recommendation of the
Weld County Department of Planning Services, 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 Historic Townsite requirements
of the Weld County Code.
A. Section 23-5-430.B.1 states: "Resubdivision within a Historic Townsite may
be necessary to combine Lots, change interior Lot lines, incorporate
vacated Rights -of -Way into Lots, vacate property from a Historic Townsite,
vacate Rights -of -Way, or create additional Lots, subject to the requirements
of Chapter 24, Article IX of the Weld County Code and this Division 5."
B. Section 24-5-10.D states: "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."
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Carly Koppes, Clerk and Recorder, Weld County , CO
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C. Section 24-1-40 — The Town of Roggen meets the definition of a Historic
Townsite as it was platted prior to September 20, 1961. The proposed lots
are still considered part of the Townsite, although created via the subject
Resubdivision.
2. The proposed request is in compliance with the subdivision requirements of
Chapter 24, Article IX as follows:
A. Section 24-9-10.A 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 on a lot of land within the Town of Roggen, recorded June 17,
1908, Reception No. 130228.
B. Section 24-9-20.A.3 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 +1- 1.52 acres. This
acreage does not meet the minimum 35 -acre requirement as stated in the
A (Agricultural) Zone District. However, since these lots are platted lots,
created in 1908, the 35 -acre requirement does not apply.
C. Section 24-9-20.A.4 states: "Resubdivision lots shall be served by an
adequate water source." The subject Lot will continue to be served by Well
Permit #332923-A.
D. Section 24-9-20.A.5 states: "Resubdivision lots shall be served by an
On -site Wastewater Treatment System (OWTS existing) or public sewer."
The subject lot will continue to be served by an OWTS, Permit #G19870031.
E. Section 24-9-90.H — A Resubdivision within a recorded subdivision plat is
the appropriate method to vacate right-of-way. The subject Resubdivision
application was submitted using the requirements of the Chapter 24,
Article IX and was processed and reviewed using the requirements adopted
in Ordinance #2020-16, on December 28, 2020.
F. Section 24-9-90.K states: "Vacations of Resubdivision, Historic Townsite or
recorded Subdivision plat shall comply with all current Zoning and
Subdivision regulations, per Chapter 23 and Chapter 24 of the Weld County
Code, as amended." The request is to vacate road rights -of -way and does
not change the character of the subdivision. The resultant lot will be
accessing off of 2nd Street.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Southeast Weld Fire Protection District, do Tom Beach,
for a Resubdivision, RES24-0013, of Vacate Dedicated Rights -of -Way and Combine
Lots 25 Through 32, Block 5, Town of Roggen, and Roggen Resubdivision No. 1, Lot 1,
to create One (1) Parcel, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The applicant shall address the comments from the State of Colorado,
Division of Water Resources, as stated in the referral response, dated
December 24, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The plat shall be amended to delineate the following:
1) All sheets shall be labeled: Resubdivision, RES24-0013.
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.
4) The applicant shall show the new lot boundary with a heavy -weight
line type.
5) 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.
6) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number.
7) The plat shall show the location and setback radii of any active,
shut-in, or plugged and/or abandoned oil and gas wells and tank
batteries.
8) Include the following right-of-way vacation notes:
a. Any persons owning dedicated and recorded easements and
rights -of -way for the use of the right-of-way to be vacated by
this plat, shall not be affected by the right-of-way vacation.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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b. Weld County shall retain any mineral interests it may possess
in the right-of-way vacated by this plat. Right-of-way vacated
by this plat shall in no way affect such mineral interests.
c. Any existing utilities within the right-of-way to be vacated by
this plat shall be protected.
9) Include language for the vacated right-of-way in the plat title.
10) 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.
11) 2nd 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. Delineate and label the
existing right-of-way (along with its creating documents) and the
physical location of 2nd Street.
12) Harrison Street is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road. Delineate and label the physical location of the 2nd
Street/Harrison Street intersection on the plat.
C. The following notes shall be delineated on the Resubdivision Plat:
1) Resubdivision, RES24-0013, is to vacate dedicated rights -of -way
and combine Lots 25 through 32, Block 5, Town of Roggen, and
Roggen Resubdivision No. 1, Lot 1, to create one (1) parcel.
2) These subject lots are not eligible for another Resubdivision, which
creates additional lots, per Section 24-9-20.A.6 of the Weld County
Code.
3) Approval of this plan may create a Vested Property Right, pursuant
to C.R.S. Article 68 of Title 24, as amended, and Chapter 23,
Article VIII of the Weld County Code.
4) Allowed uses in the Resubdivision consist of A (Agricultural) uses
listed in Chapter 23, Article III of the Weld County Code.
5) The Resubdivision shall comply with all the Overview and Standards
of Chapter 24, Article IX of the Weld County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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6) Installation of utilities and requirements of the service providers shall
comply with Section 24-3-60 of the Weld County Code. Any property
owner shall not construct any improvements within identified
easements.
7) All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
8) 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, 2023 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.
9) 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.
10) 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.
11) Access shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
12) The historical flow patterns and stormwater runoff amounts on the
site will be maintained on the subject property.
13) Water service may be obtained from a properly permitted well.
14) The parcels are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater Treatment
Systems (OWTS) designed in accordance with the regulations of the
Colorado Department of Public Health and Environment, Water
Quality Control Division, and the Weld County Code in effect at the
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Resubdivision, RES24-0013 - Southeast Weld Fire Protection District, do Tom Beach
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time of construction, repair, replacement, or modification of the
system.
15) 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.
16) 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 Public Health and Environment, a fugitive Dust
Control Plan must be submitted.
17) 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.
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. The Chair of the Board shall sign.
the plat.
4. 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 120 days from the date of approval by the Board of County
Commissioners, 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 120 days.
5. If the Resubdivision plat has not been recorded within 120 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 120 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
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Carly Koppes, Clerk and Recorder, Weld County , CO
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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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Excused
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
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