HomeMy WebLinkAbout20252942.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 / not present and represented by
[ Representative ] , [ Representative Address ] , 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
2025 - 2942
P L2986
Resubdivision , RES25 - 0014 — Weld County School District No . RE - 2
Page 2
minor Subdivision , shall not be divided further by a Minor
Subdivision . "
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 + / - 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 .
2025 - 2942
P L2986
Resubdivision , RES25 - 0014 — Weld County School District No . RE - 2
Page 3
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 .
Now , therefore , be 1 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 .
2025 - 2942
P L2986
Resubdivision , RES25 - 0014 — Weld County School District No . RE - 2
Page 4
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 .
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 .
2025 - 2942
P L2986
Resubdivision , RES25 - 0014 — Weld County School District No . RE - 2
Page 5
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 .
9 ) 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 .
10 ) Any existing utilities within the right - of - way to be vacated by this plat
shall be protected .
11 ) 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 .
12 ) 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 .
13 ) 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 .
14 ) Access shall be maintained to mitigate any impacts to the public
road , including damages and / or off - site tracking .
15 ) The historical flow patterns and stormwater runoff amounts on the
site will be maintained on the subject property .
16 ) Water service may be obtained from the North Weld County Water
District .
17 ) During development of the site , all land disturbances shall be
conducted so that nuisance conditions are not created . If dust
2025 - 2942
P L2986
Resubdivision , RES25 - 0014 — Weld County School District No . RE - 2
Page 6
emissions create nuisance conditions , at the request of Weld County
Environmental Health Services , a Fugitive Dust Control Plan must
be submitted .
18 ) 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
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 .
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 :
[ Insert Resolution Attestation Block Post Meeting ]
2025 - 2942
P L2986
Hello