HomeMy WebLinkAbout20252943.tiffCOUNTY, CO
Planner:
Case Number:
Applicant:
Molly Wright
RES25-0014
RESUBDIVISION
APPLICATION SUMMARY SHEET
Hearing Date: November 5, 2025
0801-06-0-05-001
Parcel No(s). 0801-06-0-00-006
0801-06-0-06-001
0801-06-0-06-002
Weld County School District No. RE -2 c/o Josh Higgins
211 1st Street, Eaton, CO 80615
Representative: Colorado Civil Group Inc. c/o David Huwa
2204 Hoffman Drive, Loveland, CO 80538
Request:
Legal
Descriptions:
Location:
Water Service:
Resubdivision to vacate portions of Grandview Avenue, 4th Street, and Pleasant Hill
Avenue and combine Lots 13 through 24 of Block 15, Lots 1 through 12 of Block 16,
and vacated right-of-way
Lots 13 through 24, Block 15; Lots 1 through 12, Block 16; all a part of the NE4 of
Section 6, T6N, R64W of the 6th P.M., Weld County, Colorado.
South of and adjacent to 3rd Street; approximately 171 feet west of Pacific Avenue
Lot 1: North Weld County Water Sewer Service: Lot 1: Galeton Water and
District #000142313 Sanitation #000142342
Parcel Size: Lot 1: +/- 6.6 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:
❖ Weld County Department of Planning Services — Development Review, referral dated September
29, 2025
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
❖ Galeton Fire Protection District, referral dated August 7, 2025
❖ Weld County School District RE -2, referral dated August 7, 2025
The Department of Planning Services' Staff has not received responses from the following agencies:
Town of Eaton
Colorado Parks and Wildlife
Weld County Sheriff's Office
North Weld County Water District
Colorado Division of Water Resources
Weld County Oil and Gas Energy Department
RES25-0014 I Weld County RE -2 School District
Page 1 of 5
Narrative:
The applicant is proposing to vacate a portion of Grandview Avenue, 4th Street, and Pleasant Hill Avenue
and combine the vacated right-of-way with Lots 13 through 24 of Block 15, and Lots 1 through 12 of Block
16, all located within Zita Town (Galeton Townsite), recorded March 4, 1910, per reception number 152437.
This proposed Resubdivision does not address other Lots in Zita 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.
Weld County School District RE -2 owns all properties involved in this Resubdivision request, and the site
is currently being utilized as an Elementary School. This lot is currently served by North Weld County Water
District (000142313), and sewer is provided by Galeton Sanitation (000142342).
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, 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. 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, nor is the use of the property
changing. 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 to consolidate lots within the Historic Townsite of Galeton
(Zita) recorded March 4, 1910, under reception #152437.
RES25-0014 I Weld County RE -2 School 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- 6.6 acres. This acreage does not meet the minimum
35 -acre requirement as stated in the 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 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 North Weld County Water District tap #000142313.
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 Galeton Water and Sanitation #000142342.
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. The plat shall be amended to delineate the following:
A. All sheets shall be labeled: Resubdivision, RES25-0014. (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.
(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. 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)
I. 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 on the plat the existing right-of-way (along with its creating documents) and the
physical location of the road. (Development Review)
J. 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 on the plat the existing right-of-way (along with its creating documents)
and the physical location of the road. (Development Review)
K. Show and label the access locations on Third Street. (Development Review)
2. The following notes shall be delineated on the Resubdivision Plat:
RES25-0014 I Weld County RE -2 School District
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1) Resubdivision, RES25-0014, is to combine vacated Right-of-way, Lots 13 through 24 of Block
15, and Lots 1 through 12 of Block 16 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) 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)
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.
(Department of Planning Services)
10) Any existing utilities within the right-of-way to be vacated by this plat shall be protected.
(Department of Planning Services)
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 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)
12) 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)
13) 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)
14) Access shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Development Review)
15) The historical flow patterns and stormwater runoff amounts on the site will be maintained on
the subject property. (Development Review)
RES25-0014 I Weld County RE -2 School District
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16) Water service may be obtained from North Weld County Water District. (Department of
Planning Services)
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 Planning Services)
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. 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-
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.
RES25-0014 I Weld County RE -2 School District
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