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Case Number:
Applicant:
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Request:
Legal
Descriptions:
DEPARTMENT OF PLANNING SERVICES
RESUBDIVISION
ADMINISTRATIVE REVIEW
Molly Wright
RES24-0013
Hearing Date:
Parcel No(s).
Southeast Weld Fire Protection District c/o Tom Beach
95 W. Broadway Avenue, Keenesburg, CO 80643
Lyons Gaddis, PC c/o Dillon Sena
515 Kimbark St, 2nd Floor, PO Box 978, Longmont, CO 80502
September 10, 2025
1301-06-0-02-006 and
1301-06-0-02-010
Resubdivision to vacate dedicated rights -of -way and combine Lots 25 through 32, Block
5 and Roggen Resubdivision No. 1, Lot 1 to create one (1) parcel
Lots 25 Through 32 Block 5 Roggen; Part of Section 6, T2W, R62W of the 6th P.M.,
Weld County, Colorado.
Location: South of and adjacent to Interstate 76; approximately 200 feet east of Knox Street
Water Service: Lot 1: Well (#332923) Sewer Service: Lot 1: Septic (619870031)
Parcel Size: Lot 1: +/- 1.52 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:
❖ Colorado Division of Water Resources, referral dated December 24, 2024
❖ Weld County Department of Planning Services — Development Review, referral dated July 2, 2024
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
❖ Weld County School District RE -3J, referral dated June 11, 2025
❖ Southeast Weld Fire Protection District, referral dated June 12, 2025
❖ Weld County Oil and Gas Energy Department, referral dated June 12, 2025
The Department of Planning Services' Staff has not received responses from the following agencies:
❖ Colorado Parks and Wildlife
❖ Southeast Weld Conservation District
❖ Colorado Department of Transportation
RES24-0013 I Southeast Fire Protection District
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Narrative:
The applicant is proposing to vacate a portion of Harrison Street right-of-way, and combine it with Lots 25-
32, Block 5, and Roggen Resubdivision No.1 Lot 1, all located in the Town of Roggen Subdivision, recorded
on June 17, 1908, reception number 130228. Specifically, to vacate about 0.23 acres of the northern portion
of Harrison Street, east of and adjacent to Lots 25-32, Block 5, and north and adjacent to Roggen
Resubdivision No. 1, Lot 1. This proposed Resubdivision does not address other Lots in Town of Roggen
Subdivision and no easements are removed, the standard easements per Section 24-3-60 will be added to
the Resubdivision plat. This Resubdivision will result in one (1) lot.
According to Section 24-3-60 of the Weld County code, a fifteen (15) foot minimum drainage and utility
easement is required along lot lines adjacent to public road rights -of -way, twenty (20) feet minimum
drainage and utility easements are required along internal lot lines (apportioned equally between the two
lots), and ten (10) feet minimum drainage and utility easements are required along exterior lot lines.
Roggen Resubdivision No.1, Lot 1 is currently owned by the Southeast Weld County Fire Protection District
and the building on -site is utilized by the Fire District as a firehouse. This lot is currently served by a well
(332923-A) and an onsite-wastewater treatment system (G 19870031).
The Department of Planning Services' staff recommends that this request be approved for the following
reasons:
1. It is the opinion of the Department of Planning Services that the proposed request is in compliance with
the Historic Townsite requirements of Section 23-5-430.B.1, Section 24-5-10, and Section 24-1-40 of
the Weld County Code.
A. Per Section 23-5-430.B.1 and Section 24-5-10 of the Weld County Code, a Resubdivision
within a Historic Townsite is the appropriate method to combine lots and adjust lot lines.
B. Per Section 24-1-40 of the Weld County Code, 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. It is the opinion of the Department of Planning Services that the proposed request is in compliance with
the subdivision requirements of Section 24-9-10.A, Section 24-9-20, Section 24-9-30, Section 24-9-
90.H and Section 24-9-90.K of the Weld County Code.
A. Per Article IX, Section 24-9-90.H of the Weld County Code, 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.
B. Per Article IX, Section 24-9-90.K of the Weld County Code, vacations of a recorded Subdivision or
an Historic Townsite 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 2nd Street.
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.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
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 on a lot of land within the Town of Roggen recorded June 17,
1908, reception number 130228.
RES24-0013 I Southeast Fire Protection District
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B. 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 +1- 1.52 acres. This acreage does not meet the minimum
35 -acre requirement as stated in the 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 of the Weld County Code 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 of the Weld County Code 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 onsite-wastewater treatment system number
G19870031.
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:
A. The applicant shall address the comments from the 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. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All sheets shall be labeled: Resubdivision, RES24-0013. (Department of Planning Services)
B. The plat shall be prepared per Section 24-9-50 of the Weld County Code. (Department of Planning
Services)
C. The plat shall contain the certification blocks per Appendix 24-E of the Weld County Code. Do not
include Board of County Commissioners Certificate. (Department of Planning Services)
D. Show the new lot boundary with a heavy -weight line type. (Department of Planning Services)
E. 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)
F. 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)
G. The plat shall show the location and setback radii of any active, shut-in or plugged or abandoned
oil and gas wells and tank batteries. (Department of Planning Services)
H. 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.
(Department of Planning Services)
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.
(Department of Planning Services)
RES24-0013 I Southeast Fire Protection District
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c. Any existing utilities within the right-of-way to be vacated by this plat shall be protected.
(Department of Planning Services)
I. Include language for the vacated right-of-way in the plat title. (Department of Planning Services)
J. 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. (Department of Planning Services)
K. Provide a Board of County Commissioner signature block. (Department of Planning Services)
L. 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. (Development Review)
M. 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 on the plat the physical location
of the 2nd Street/Harrison Street intersection. (Development Review)
3. The following notes shall be delineated on the Resubdivision Plat:
1) Resubdivision, RES24-0013, of vacated Right-of-way, Lots 25-32 Block 5, and Roggen
Resubdivision No. 1, Lot 1 to result in one (1) lot. (Department of Planning Services)
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. (Department of Planning Services)
3) 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)
4) 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)
5) The Resubdivision shall comply with all the Overview and Standards of Chapter 24, Article IX
of the Weld County Code. (Department of Planning Services)
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. (Department of Planning Services)
7) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
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 has been adopted by Weld County: 2018
International Building Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection. A
building permit must be issued prior to the start of construction. (Department of Planning
Services)
RES24-0013 I Southeast Fire Protection District
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9) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs. (Department of Planning Services)
10) 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)
11) Access shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Development Review)
12) The historical flow patterns and stormwater runoff amounts on the site will be maintained on
the subject property. (Development Review)
13) Water service may be obtained from a properly permitted well. (Department of Planning
Services)
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 time of construction, repair,
replacement, or modification of the system. (Department of Planning Services)
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. (Department of Planning Services)
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 Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Planning Services)
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. (Department of Planning Services)
3. 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. 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.
4. 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.
5. Per Appendix 5-J of the Weld County Code, Planning Fee Schedule Item #20; (Ordinance 2020-
RES24-0013 I Southeast Fire Protection District
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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.
RES24-0013 I Southeast Fire Protection District
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