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Home My WebLink About20252942.tiff Resolution Approve Resubdivision, RES25-0014, to vacate portions of Grandview Avenue, 4th Street, and Pleasant Hill Avenue, and combine vacated rights-of-way with Lots 13 through 24, Block 15, Lots 1 through 12, Block 16, and the SW corner of Block 16, Town of Zita (now called Galeton) to create one (1) parcel —Weld County School District No. RE-2 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 5th day of November, 2025, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Weld County School District No. RE-2, 211 1st Street, Eaton, Colorado 80615, for a Resubdivision, RES25-0014, to vacate portions of Grandview Avenue, 4th Street, and Pleasant Hill Avenue, and combine vacated rights-of--way with Lots 13 through 24, Block 15, Lots 1 through 12, Block 16, and the SW corner of Block 16, Town of Zita (now called Galeton) to create one (1) parcel, on the following described real estate, being more particularly described as follows: Lots 13 thru 24, Block 15; SW corner of Block 16; and Lots 1 thru 6, and Lots 7 thru 12, Block 16, all part of 1st Addition Zita (now called Galeton) in the NE1/4 of Section 6, Township 6 North, Range 64 West of the 6th P.M.,. Weld County, Colorado Whereas, at said hearing, the applicant was present and represented by Colorado Civil Group, Inc., 2204 Hoffman Dr., Loveland, Colorado 80538, 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." 5068803 Pages: 1 of 7 GC:pL(DE/Mu/DA/►aw) ASR(s6') 2025-2942 Carly 5Koppes,/2025 O Clerk 5 anld Recorrder,,OWed County , CO C�O<M), APPL.,APPL.REP. PL2986 lIII NCHZ dliiVIiEINE«+INAOliltiliWi Wyk III III olft54.26, Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 2 C. Section 24-1-40 — The Town of Galeton (Zita) 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 to consolidate lots within the Historic Townsite of Galeton (Zita) recorded March 4, 1910, under Reception No. 152437. 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- 6.6 acres. This acreage does not meet the minimum 35-acre requirement, as stated in the A (Agricultural) Zone District; however, since these are platted lots created in 1910, 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 the North Weld County Water District, tap #000142313. 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 Galeton Water and Sanitation #000142342. 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 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 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, nor is the use of the property changing. The resultant lot will be accessing off 2nd Street. 5068803 Pages: 2 of 7 2025-2942 CarlZy5Koppes,OCle k and Recorrder,,OWeld County , CO PL2986 IIII MCM'4 '114'filial COI "III Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 3 Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Weld County School District No. RE-2, for a Resubdivision, RES25-0014, to vacate portions of Grandview Avenue, 4th Street, Pleasant Hill Avenue, and vacated rights-of-way, and combine Lots 13 through 24, Block 15, Lots 1 through 12, Block 16, and the SW corner of Block 16, Town of Zita (now called Galeton) 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 plat shall be amended to delineate the following: 1) All sheets shall be labeled: Resubdivision, RES25-0014. 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 or abandoned oil and gas wells and tank batteries. 8) The applicant shall 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. 9) Third Street is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2024-01) as a local road, with a platted 80 feet of right-of-way. The applicant shall delineate and label the existing right-of-way (along with its creating documents) and the physical location of the road, on the plat. 5068803 Pages: 3 of 7 2025-2942 11/25/2025 01:15 PM R Fee:$0.00 PL2986 Carly Koppes, Clerk and Recorder, Weld County , CO VIII ��I��I ',M NAM ilk 1I II 1 Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 4 10) Grandview Avenue is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2024-01) as a local road, with a platted 80 feet of right-of-way. The applicant shall delineate and label the existing right-of-way (along with its creating documents) and the physical location of the road, on the plat. 11) The applicant shall show and label the access locations on Third Street. B. The following notes shall be delineated on the Resubdivision Plat: 1) Resubdivision, RES25-0014, is to vacate portions of Grandview Avenue, 4th Street, and Pleasant Hill Avenue, and combine vacated rights-of-way with Lots 13 through 24, Block 15, Lots 1 through 12, Block 16, and the SW corner of Block 16, Town of Zita (now called Galeton) 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. 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) 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. 5068803 Pages: 4 of 7 2025-2942 11/25/2025 01:15 PM R Fee:$0.00 PL2986 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 5 9) Any existing utilities within the right-of-way to be vacated by this plat shall be protected. 10) 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. 11) 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. 12) 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. 13) Access shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 14) The historical flow patterns and stormwater runoff amounts on the site will be maintained on the subject property. 15) Water service may be obtained from the North Weld County Water District. 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. 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. People moving into Historic Townsites 5068803 Pages: 5 of 7 2025-2942 11/25/2025 01:15 PM R Fee:$0.00 PL2986 Carly Koppes, Clerk and Recorder, Weld County , CO IIII NIA! MielV I 1 tI III Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 6 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. 2. If the Resubdivision plat has not been recorded within 120 days from the date the 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 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. 3. Upon completion of the Conditions of Approval and acceptance of the plat, the plat may be submitted for recording, with the recording fee, to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. 4. Per Appendix 5-J of the Weld County Code, Planning Fee Schedule Item #25, 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. 5068803 Pages: 6 of 7 2025-2942 11/25/2025 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co PL2986 ��I r rlie NMI%lalliNg III Resubdivision, RES25-0014 —Weld County School District No. RE-2 Page 7 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 5th day of November, A.D., 2025: Perry L. Buck, Chair: Aye ,. Scott K. James, Pro-Tem: Aye 14,;,V91.7.-4N l� `� . Jason S. Maxey: Aye /` Iit1 Lynette Peppier: Aye 1 �`�•* �i Kevin D. Ross: Aye 41, Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5068803 Pages: 7 of 7 2025-2942 11/25/2025 01:15 PM R Fee:$0.00$0.00 PL2986 Carly Koppes, Clerk and Recorder, Weld County , CO Ill IAN I?�� 'IIIM��r�l�k''Iifi��+ L'�'Ia� Y�h 11111 Hello