HomeMy WebLinkAbout20231940.tiffBefore the Weld County, Colorado. Planning Commission '
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
RLDF23-0001
2936 LLC
Maxwell Nader
A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Four (4) Lots in the A (Agricultural) Zone District.
Lot D of Recorded Exemption, RECX17-0093; being part of the NE1/4 of Section 8,
Township 3 North, Range 66 West of the 6th P.M., Weld County. Colorado.
South of and adjacent to County Road 36: west of and adjacent to County Road 29
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the Rural Land Division Final Plan application
requirements per Section 24-6-50 of the Weld County Code.
The submitted materials are in compliance with the Rural Land Division Final Plan review criteria. The
criteria for recommendation are located in Section 24-6-60.A.5 of the Weld County Code including
referral agency and surrounding property owner comments and compliance with the regulations
contained in the Weld County Code, specifically Section 24-6-10 the Rural Land Division Overview and
Section 24-6-20 the Rural Land Division Standards.
3. The submitted materials are in compliance with the Rural Land Division Final Plan Overview per Section
24-6-10 of the Weld County Code, as follows:
A. 24-6-10.A states -- The Rural Land Division is an alternative process for development and review of
subdivisions proposing a maximum of four (4) lots in the A (Agricultural) Zone District. The Rural
Land Division process utilizes both the Sketch Plan and Final Plan application processes described
in Article VI of Chapter 24 of the Weld County Code, as amended. The Rural Land Division process
does not include a Change of Zone.
The proposal went through the Rural Land Division Sketch Plan phase. and it was the opinion of the
Department of Planning Services that the proposed Rural Land Division will comply with Chapter 24,
Article VI, Section 24-6-10 and 24-6-20 of the Weld County Code.
B. 24-6-10.B states -- Lots which are pad of a Historic Townsite or any recorded Planned Unit
Development, major or minor Subdivision. Resubdivision or Recorded Exemption lots that do not
meet the criteria per Section 24-6-20.A.7 of the Weld County Code. as amended, shall not be
divided by a Rural Land Division.
The proposed Rural Land Division Final Plan will be located on a newly created Lot A via Lot Line
Adjustment, LLA21-0038. The creation of this lot is allowed by a Lot Line Adjustment as long as it is
being processed along with a Rural Land Division. The subject property meets the criteria of 24-6-
10.B and the property owner is eligible to a apply for a Rural Land Division.
C. 24-6-10.C states -- A Rural Land Division may be considered a Non -Urban Scale Development or
Rural Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended.
A Rural Land Division can be considered either Non -Urban or Rural Scale Development. The
definition of the following development classifications are as follows:
"Development, Rural Scale: Rural scale developments require a potable water source, private sewer
systems and internal roads. This development type allows remaining areas to be utilized for
agricultural purposes, open space and environmental conservation."
`Development, Non -urban Scale. Developments comprised of nine (9) or fewer lots. These types of
developments are only permitted outside of one (1) mile of a municipal sewer line. Nonurban scale
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developments require a public water source and public sewer or onsite wastewater treatment
systems (OWTS) Internal paved roads and storm drainage may be required "
The proposed Rural Land Division is considered Non -Urban Scale Development The proposed
Rural Land Division is located within one (1) mile of municipal limits but not within one (1) mile of
municipal sewer line Based on these criteria the proposed Rural Land -Division is considered Non -
Urban Scale Development
D 24-6-10 D states -- The Resubdivision requirements shall be followed when proposing modifications
to a recorded Rural Land Division plat as described in Article IX of Chapter 24 of the Weld County
Code, as amended Additional lots maybe created by the Resubdivision process within an existing
Rural Land Division, so long as the overall number of total lots in the existing Rural Land Division
does not exceed four (4) lots
If the proposed Rural Land Division Final Plan is approved by the Board of County Commissioners
and recorded, it will follow the Resubdivision process outlined in Article IX of Chapter 24 if lot lines
need to be adjusted New lots will not be available due to the maximum of four (4) lots already being
proposed
E 24-6-10 E states -- The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County
Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design
Standards per Chapter 24, Articles I, ll and Ill of the Weld County Code, as amended
The proposed Rural Land Division adheres to Chapters 22 and 23 of the Weld County Code, the
Subdivision General Provisions, Conformance Standards, and Subdivision Design Standards of
Chapter 24
4 The submitted materials are in compliance with the Rural Land Division Final Plan Standards per
Section 24-6-20 of the Weld County Code, as follows
1) Section 24-6-20 A 1 -- The property to be divided by the proposed Rural Land Division shall be
comprised of legal lots
The proposed Rural Land Division Final Plan will be located on newly created Lot A of LLA21-0038
The subject property meets the criteria of 24-6-10 B and 24-6-20 A 7 and the property owner is
eligible to a apply for a Rural Land Division
2) Section 24-6-20 A 2 -- Lots within a Rural Land Division shall be served by a public water supply
system
The applicant submitted an executed Water Contract dated March 3, 2023, from Central Weld
County Water District (CWCWD) This contract is for the inclusion of the additional four (4) taps,
which have already been paid for by the applicant
3) Section 24-6-20 A 3 -- Lots within a Rural Land Division shall be served by an on -site wastewater
treatment system (OWTS) or public sewer
The Environmental Health Referral dated March 21, 2023 stated the following
An on -site wastewater treatment system report dated February 8, 2022, specified
"Due to the size of the proposed lots and site soils, requirements from Weld County Code, Chapter
30 can be met, using pressure dose systems A pressure dosed mounded sand filter may be
required due to the groundwater elevation on site "
4) Section 24-6-20 A 4 -- The Rural Land Division shall only be approved on property located in the A
(Agricultural) Zone Distnct
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The proposed Rural Land Division will be located on property zoned A (Agricultural)
5) Section 24-6-20 A 5 -- Any proposed Rural Land Division must be separated by a minimum of 1,320
feet or one -quarter (%) mile, in any duection, as measured from the extenor property line of any
existing, platted Rural Land Division or Minor Subdivision
The nearest platted subdivision is Fruitvale Gardens and is located approximately 0 85 miles west of
this proposed Rural Land Division
6) Section 24-6-20 A 6 -- Section 24-6-20 A 1 -- The maximum parcel size on which a Rural Land
Division proposed shall not be greater than forty-five (45) acres
The subject lot the proposed Rural Land Division is a total of 13 00 acres in size
7) Section 24-6-20 A 7 -- If the proposed Rural Land Division will be located on the largest lot of a
Recorded Exemption, the following apphes
a The applicant shall apply fora Lot Line Adjustment per Chapter24, Article X of the Weld County
Code, as amended, in conjunction with the Rural Land Division application, in order to except
out a parcel of land that will contain the Rural Land Division
b The excepted parcel of land that will contain the Rural Land Division, shall be a maximum of
forty-five (45) acres
c The remaining acreage of the large Recorded Exemption lot shall not be less than one hundred
and twenty (120) acres
d The Lot Line Adjustment standard per Section 24-10-20 A 4 of Weld County Code, as amended,
does not apply to a Lot Line Adjustment processed in conjunction with a Rural Land Division
e The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded concurrently
f If the Rural Land Division is not approved, the Lot Line Adjustment will be void
The proposed Rural Land Division will be located on a newly created Lot A of LLA23-0038, which
meets the intent of this code section
8) Section 24-6-20 A 8 -- The maximum number of lots within the Rural Land Division shall be four (4)
lots
The subject Rural Land Division is proposing all four (4) lots
9) Section 24-6-20 A 9 -- The minimum lot size in a Rural Land Division shall be three (3) acres net
All four (4) proposed lots for the Rural Land Division are roughly three (3) acres in size
10) Section 24-6-20 A 10 -- Rural Land Divisions shall not be financed by a Title 32 Metropolitan District
This proposed Rural Land Division is not financed by a Title 32 Metropolitan District
11) Section 24-6-20 A 11-- A Homeowners Association not required but may be voluntarily created
and managed by the residents within the Rural Land Division
A Homeowners Association is not being proposed with this Rural Land Division per the application
material
12) Section 24-6-20 A 12 -- Drainage and utility easements within Rural Land Division shall follow
the easement standards per Chapter 24, Article Ill of the Weld County Code, as amended
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The proposed Rural Land Division will adhere to the easement standards per Chapter 24, Article III
of the Weld County Code Therefore, a Utilities Coordinating Advisory Committee meeting is not
required
13) Section 24-6-20 A 13 -- The Rural Land Division lots shall be accessed via a single internal publicly
dedicated nght-of-way and shall be pnvately maintained, according to a mad maintenance
agreement applicable to all present and future lot owners
The subject Rural Land Division is proposing one internal publicly dedicated right-of-way A
condition of approval has been added to ensure a road maintenance agreement is executed for the
benefit of the current and future lot owners of the Rural Land Division
14) Section 24-6-20 A 14 -- No access easements are permitted within a Rural Land Division to serve
parcels within or not a part of the development
No access easements are proposed in the Rural Land Division
15) Section 24-6-20 A 15 -- The Rural Land Division roadway shall intersect with a publicly
maintained right-of-way
The proposed Rural Land Division internal roadway will intersect with County Road 36 County Road
36 is a publicly maintained right-of-way
16) Section 24-6-20 A 16 -- The Rural Land Division internal roadway shall be perpendicular to the
publicly maintained right-of-way
The proposed Rural Land Division internal roadway will be perpendicular to County Road 36 per the
application materials and draft plat
17) Section 24-6-20 A 17 -- The,Rural Land Division shall not connect directly onto County artenal roads
or County, State, or Federal highways
County Road 36 is a gravel road and is designated as a local roadway per the Weld County
Functional Classification Map
18) Section 24-6-20 A 18 -- The Rural Land Division roadway shall be designed, constructed and
maintained by pnvate recorded agreement between the landowners within the Rural Land Division
A condition of approval has been added to ensure the applicant executes a recorded private
agreement for the maintenance of the Rural Land Division roadway This agreement will benefit the
current and future landowners within the Rural Land Division
19) Section 24-6-20 A 19 -- The internal access roadway shall meet all safety cntena as outlined in
Chapter 8 Article XIV of the Weld County Code
Per the Department of Planning Services — Development Review referral dated March 15, 2023, the
proposed internal road for the Rural Land Division does include the required right-of-way specified in
Chapter 8 of the Code and an emergency vehicle turn -around that meets the safety criteria as
outlined in Chapter 8 of the Code
20) Section 24-6-20 A 20 -- The Rural Land Division shall be designed to meet the requirements of local
governments or distracts to pmvide fire and police protection or other emergency services
Per the Department of Planning Services — Development Review referral dated March 15, 2023, the
proposed internal road is designed as a cul-de-sac and shall meet all requirements of Chapter 8 of
the Weld County Code The Platteville-Gilcrest Fire Protection District returned a referral dated
March 3, 2023 As mentioned in the referral the applicant has reached out to the fire district and
RESOLUTION RLDF23-0001
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discussed the road design, which meets the general standards for the Platteville-Gilcrest Fire
Protection District
21) Section 24-6-20 A 21 -- The Rural Land Division shall be designed to preserve prime agricultural
land
The proposed Rural Land Division will be located on roughly fifteen (15) acres of land that is
designated as "Prime - Irrigated" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map These fifteen (15) acres are a part of a larger one hundred thirty five (135) acre
lot that will remain in in production for hay and grazing cattle This larger lot has already been split
multiple times through the recorded exemption process Although this land is considered Prime —
Irrigated Farmland it does not eliminate the production of this land completely due to the minimal
size of acreage being removed
22) Section 24-6-20 A 22 -- The Rural Land Division shall be designed to preserve wetlands, wildlife
habitats, historical sites or burial grounds
The proposed Rural Land Division will not negatively impact wetlands, wildlife habitats, historical
sites or burial grounds
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 entities
THE RURAL LAND DIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING
Prior to recording the Rural Land Division Final Plat
A The applicant shall acknowledge the comments provided by the Department of Planning Services —
Addressmg as stated in the referral response dated April 4, 2023 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall attempt to address the comments provided by the Farmers Reservoir and
Irrigation Company, as stated in the referral response dated March 17, 2023 Evidence of such shall
be submitted in writing to the Weld County Department of, Planning Services (Department of
Planning Services)
C The applicant shall address the requirements of the Platteville-Gilcrest Fire Protection District, as
stated in the referral response dated March 3, 2023 Written evidence of such shall be submitted to
the Weld County Department of Planning Services (Department of Planning Services)
D The applicant shall create and record a private agreement between the landowners within the Rural
Land Division for the maintenance of the Rural Land Division roadway Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
E An Improvements and Road Maintenance Agreement is required for on -site improvements at this
location for an internal roadway Off -site roadway improvements may be required as a part of the
agreement Road maintenance includes, but is not limited to, dust control and damage repair The
Agreement shall include provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements (Development Review)
2 The Rural Land Division Plat shall delineate the following
A All pages shall be labeled RLDF23-0001 (Department of Planning Services)
B The plat shall be prepared per Section 24-6-70 of the Weld County Code (Department of Planning
RESOLUTION RLDF23-0001
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' Services)
C The plat shall contain the certification blocks per Appendix 24-B of the Weld County Code
(Department of Planning Services)
D All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
E Show and label the internal Rural Land Division roadway with the approved road name, width, radii,
surface type, etc A stop sign and road name sign shall be shown at the proposed intersection
(Department of Planning Services)
F All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future right-of-way line (Department of
Planning Services)
G Utility and Drainage easements shall be delineated on the plat per Section 24-3-60 of the Weld
County Code (Department of Planning Services)
H County Road 36 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 at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the road If
the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code
The applicant shall also delineate the physical location of the roadway Pursuant to the definition of
setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future
right-of-way line This road is maintained by Weld County (Development Review)
County Road 29 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 at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the road If
the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code
The applicant shall also delineate the physical location of the roadway Pursuant to the definition of
setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future
right-of-way line This road is maintained by Weld County (Development Review)
J Show and label the internal roadway and the publicly dedicated right-of-way used to access the Lots
from the maintained County Road 36, from the lots to and including the maintained County Road
access point All setbacks shall be measured from the edge of right-of-way This road will not be
maintained by Weld County Show and label the right-of-way as "Platted Right-of-way, not County
maintained " (Development Review)
K Show and label the approved access point onto CR 36 and the usage type (i e Development
Access) The access location will be reviewed as a part of the plat submittal (Development Review)
L Show and label the permitted access point onto CR 29 Include usage type, as well as "Restricted
Use Limited to Permittee Only " (Development Review)
3 The following notes shall be delineated on the Rural Land Division Final Plat
1) A Site -Specific Development Plan and Rural Land Division Final Plan, RLDF23-0001 for the
creation of four (4) Lots in the A (Agricultural) Zone District (Department of Planning Services)
2) All existing and future uses for in the Rural Land Division are subject to A (Agricultural) Zoning
requirements as shown in Chapter 23, Article III, Division 1 of the Weld County Code, as
RESOLUTION RLDF23-0001
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amended (Department of Planning Services)
3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County
Code, as amended (Department of Planning Services)
4) Installation of utilities and requirements of the service providers shall comply with Section 24-3-60
and Section 24-3-180 of the Weld County Code Any property owner shall not construct any
improvements within identified easements (Department of Planning Services)
5) A Homeowners Association is not required but may be voluntarily created and managed by the
residents within the Rural Land Division (Department of Planning Services)
6) The Rural Land Division roadway shall be designed, constructed and maintained by private
recorded agreement between the landowners within the Rural Land Division (Department of
Planning Services)
7) Stop signs and street name signs will be required at all intersections (Department of Planning
Services)
8) Water service may be obtained from Central Weld County Water District (Department of Public
Health and Environment)
9) 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 Public Health and Environment)
10) 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 Public Health and Environment)
11) 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)
12) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Development Review)
13) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
14) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Development Review)
15) The Property Owner shall comply with all requirements provided in the executed Improvements
Road Maintenance Agreement with Up -Front On -Site Improvements (Development Review)
16) The Improvements Road Maintenance Agreement with Up -Front On -Site Improvements for this
site may be reviewed on an annual basis, including a site visit and possible updates
(Development Review)
17) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
18) 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
RESOLUTION RLDF23-0001
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Programs (Department of Planning Services)
19) Failure to Comply - The property owner shall comply with the recorded plat notes and lot
configuration Noncompliance may result in withholding Weld County permits (Department of
Planning Services)
20) The Resubdivision process shall be followed when proposing changes to a recorded Rural Land
Division plat as described in Article VI of Chapter 24 of the Weld County Code, as amended
(Department of Planning Services)
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous
counties of the state face a critical shortage of such deposits, and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
22) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever
Agricultural users of the land should not be expected to change their long -established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor
from animal confinement, silage and manure, smoke from ditch burning, f lies and mosquitoes,
hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for
agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist m
their agricultural operations A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County Section 35- 3 5-102,
C R S , provides that an agricultural operation shall not be found to be a public or private nuisance
if the agricultural operation alleged to be a nuisance employs methods or practices that are
commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water
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Weld County covers a land area of approximately four thousand (4,000) square miles In size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities The sheer magnitude of the area to be
served stretches available resources Law enforcement is based on responses to complaints more
than on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and f ire Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm Services in rural areas, in many cases, will
not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient
than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood
4 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1)
electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services' Staff The plat shall be prepared
in accordance with the requirements of Section 23-2-50 C and D of the Weld County Code The Mylar
plat and additional requirements shall be submitted within one -hundred -eighty (180) days from the date
of the Board of County Commissioners resolution The applicant shall be responsible for paying the
recording fee
5 Failure to Record If the Rural Land Division plat has not been recorded within one hundred eighty
(180) 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 one hundred eighty (180) 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
6 Failure to Construct If no construction has begun in the Rural Land Division within three (3) years of
the date of the approval of the Rural Land Division Final Plan, the Department of Planning Services
may require the property owner to appear before the Board of County Commissioners and present
evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to continue the Rural Land Division The Board of County Commissioners
may extend the date for initiation of the Rural Land Division construction and shall periodically require
the applicant to demonstrate that the Rural Land Division has not been abandoned If the Board of
County Commissioners determines that conditions supporting the original approval of the Rural Land
Division Final Plat have changed or that the property owner cannot implement the Rural Land Division
Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Rural Land
Division Final Plat and order the recorded Rural Land Division vacated
7 The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land
has been approved and recorded per Section 30-28-110(4), C R S
8 In accordance with Appendix 5-J of the Weld County Code, should the Rural Land Division Final Plat
not be recorded within the specified timeline from the date of the Board of County Commissioners
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Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period
9 No subdivision development shall commence until a Rural Land Division Final Plan application is
approved and a Rural Land Division Final Plat is recorded in the Weld County Clerk and Recorder's
Office and the improvements be constructed per the terms of the Improvements Agreement
10 Following recordation of the Rural Land Division Final Plat, the property owners shall create and record
deeds for all the newly created lots, deeds shall include the legal description of each lot and the
reception of the Rural Land Division Final Plat New deeds are required even if lots will remain under
the same ownership Failure to do so may create issues with the proper assessment of the lots by the
Weld County Assessor's Office and may create a clouded chain of title
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Elgah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wades
Michael Palizzi
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 6, 2023
Dated the 6. day of June 2023
Michelle Wall
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, June 6. 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Butch White. at 1:32 pm.
Roll Call.
Present: Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan.
Absent: Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren
Light, Department of Health- Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 2, 2023, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Michael Wailes. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
RLDF23-0001
2936 LLC
Maxwell Nader
A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Four (4) Lots in the A (Agricultural) Zone District.
Lot D of Recorded Exemption. R ECX 17-0093: being part of the NE1/4 1 /4 of Section
8. Township 3 North, Range 66 West of the 6th P M., Weld County, Colorado.
South of and adjacent to County Road 36; west of and adjacent to County Road
29.
Maxwell Nader, Planning Services, presented Case RLDF23-0001, reading the recommendation and
comments into the record. The Planning Department sent notice to 21 surrounding property owners within
500 feet and received no correspondence. The Department of Planning Services recommends approval
of this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Rose Netto, 2127 Genoa Court. Loveland, Colorado. Ms. Netto stated that she is the representative for
2936 LLC. She said they would like to divide the corner lot into 4 3 -acre residential lots in the Agricultural
Zone District. Ms. Netto feels there is a need for these type of properties
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case RLDF23-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana Morgan, Skip
Holland.
Commissioner Gluck said he is a neighbor and said he appreciates keeping agricultural acreage.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
PLANNING COMMISSION ATTENDANCE RECORD
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