HomeMy WebLinkAbout20232359.tiffDEPARTMENT OF PLANNING SERVICES
RESUBDIVISION
Planner: Maxwell Nader Hearing Date: August 12, 2023
Case Number: RES23-0001 Parcel No. 1311-08-3-02-002
Owner: Steve Maas
10286 CR 15, Longmont, CO 80504
Request: Resubdivision of Lot 11 in Enchanted Hills Subdivision resulting in three (3) lots.
Legal
Description:
Location:
Water Service:
Acres:
Lots 11 Enchanted Hills Subdivision; being part of Section 8, T2N, R67W of the 6th
P.M., Weld County, CO
East of and adjacent to CR 15; Approximately 600 feet north of Maple Street
Lot 1: CWCWD Tap #696
Lot 2: CWCWD Tap Proposed
Lot 3: CWCWD Tap Proposed
(Lot 1): +/- 1.059 acres
(Lot 2): +/- 1.059 acres
10286 CR 15 (Lot 3): +/- 2.60 acres
Total: +/- 4.69 acres
Sewer
Service:
Lot 1: Septic # SP -1900295
Lot 2: Proposed Septic
Lot 3: Proposed Septic
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:
■ Mountain View Fire District, referral dated April 27, 2023
■ Central Weld County Water District referral, dated May 15, 2023
■ Weld County Department of Public Health and Environment, referral dated May 4, 2023
■ Weld County Department of Planning Services — Development Review, referral dated May 2, 2023
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
■ Town of Frederick, referral dated April 26, 2023
■ Department of Planning Services - Code Compliance, referral dated April 26, 2023
The Department of Planning Services' Staff has not received responses from the following agencies:
■ Town of Firestone
■ Department of Planning Services — Addressing
RES23-0001
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Narrative:
The applicant is proposing a Resubdivision to create two (2) additional lots located within Enchanted Hills
Subdivision. Proposed Lots 1 and 2 will be roughly one (1) acre in acre in size with Lot 3 being roughly two
and half (2.5) acres in size. Lot 3 has an existing residence on with water provided by Central Weld County
Water District (CWCWD) via Tap #696 and septic via SP -1900295. Both lots 1 and 2 will be served by
CWCWD and septic but are both currently vacant. There are no covenants or Homeowners' Association.
This Resubdivision does not address other lots in the Subdivision.
The Resubdivision request is being recommended for denial due to one of the lots having no direct access
to publicly maintained rights -of -way and the inconsistency with the functional size and use of the other lots
within the Subdivision which created compatibility issues.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
The Weld County Department of Planning Services has determined through an administrative review that
the Resubdivision Overview and Standards per Sections 24-9-10 and 24-9-20 of the Weld County Code
have not been met and the request has been denied. 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.
1. Pertinent processing information includes:
A. Section 24-9-10.C of the Weld County Code states: "The Resubdivision shall adhere to Chapters
22 and 23 of the Weld County Code and to the Subdivision General Provisions, Conformance
Standards and Subdivision Design Standards per Chapter 24, Articles I, II and III of the Weld
County Code, as amended."
The Resubdivision is proposing three (3) lots with one (1) lot not having direct access and frontage
to a publicly maintained roadway and therefore is not compliant with the following sections of the
Weld County Code.
Section 24-3-20A.1 of the Weld County Code states in part:
"Roads shall be extended to serve each Subdivision lot. All lots shall have access to a public
internal roadway. This internal roadway is a separate parcel and not part of the residential lots. See
Appendix 8-Q for design guidelines for new road construction."
Section 24-3-50. — Lot size standards of the Weld County Code which states, in part:
"A. All lots within a subdivision shall meet the minimum regulations established by Weld County.
F. Each lot shall be provided an adequate access to a publicly maintained roadway.
H. Lots shall not be less than thirty (30) feet in width at the front property lines.
J. A flagpole lot configuration shall be avoided when possible. The minimum width of a flag lot
appendage shall be thirty (30) feet. This access road shall be a minimum of twenty-six (26) feet
wide and clear of all encumbrances and drained to provide adequate emergency access to the
property. For access and culvert information, see Chapter 8 of the Weld County Code, as
amended."
B. Section 24-9-10.C of the Weld County Code states: "The Resubdivision shall adhere to Chapters
22 and 23 of the Weld County Code and to the Subdivision General Provisions, Conformance
Standards and Subdivision Design Standards per Chapter 24, Articles I, II and III of the Weld
County Code, as amended."
RES23-0001
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Section 22-2-10.C — Harmonize development with surrounding land uses
The proposal for two (2) additional lots is the highest number of lots requested within Enchanted
Hills at one time. There have been previous Resubdivision requests approved for just one (1)
additional lot. This request being an increase in two (2) lots resulting into three (3) lots is
inconsistent with the functional size and use of the other lots within the Subdivision and does
change the overall design, concept and nature thereof.
The proposal is not compatible with the existing area. Enchanted Hills Subdivision was established
in 1968 and has about thirty-three (33) lots. Currently the smallest lot size is 2.5 acres. The creation
of two (2) - one (1) acre lots is out of character with the area.
Furthermore, the Department of Planning Services received four (4) letters from surrounding
property owners that oppose this request. The general concerns outlined were related to the
smaller lot sizes compared to the rest of Enchanted Hills, which will hinder the property value of
the surrounding lots and will impact the agricultural character of the neighborhood.
Should the Board of County Commissioners approve this Resubdivision, the Department of Planning
Services recommends the following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The applicant shall create and record a private agreement between the landowners within the
Resubdivision for the maintenance of the roadway. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. All sheets shall be labeled Resubdivision No. RES23-0001.
2. The plat shall be prepared per Section 24-9-50 of the Weld County Code. (Department of
Planning Services)
3. The plat shall contain the certification blocks per Appendix 24-E of the Weld County Code.
Include the Appendix 24-E.F., being the "Board of County Commissioners Certificate of
Approval". (Department of Planning Services)
4. 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)
5. The plat shall delineate drainage and utility easements per Section 24-3-60 of the Weld County
Code. (Department of Planning Services)
6. This portion of County Road 15 is under the jurisdiction of the Town of Firestone. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the
approved access(es) on the site plan and label with the approved access permit number, if
applicable. (Development Review)
C. The following notes shall be delineated on the Resubdivision Plat:
1. Resubdivision, RES23-0001, redesigns one (1) lot of Enchanted Hills, resulting in three (3) lots.
(Department of Planning Services)
2. These subject three (3) 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)
RES23-0001
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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 except for.(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. 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 Residential Code; 2018 International Energy
Code; 2020 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review
shall be approved, and a permit must be issued prior to the start of construction.
8. 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)
9. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
10. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
11. Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
12. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by on -site wastewater treatment systems 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)
13. Activity or use on the surface of the ground over any part of the on -site wastewater treatment
systems 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)
14. 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 Public Health and Environment)
15. 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.
RES23-0001
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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.
16. 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; flies 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 in 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.
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 fire. 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, sand burs, 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.
2. Next Steps:
RES23-0001
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Per Section 24-9-50 of the Weld County Code: The Resubdivision revised draft plat shall be submitted
once an application is approved. The applicant shall electronically submit the draft plat in PDF format
to the Department of Planning Services for Planning and Public Works review. Planning staff will send
the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There
may be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions
of approval, the applicant shall submit the signed and notarized approved plat to the Department of
Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and
Recorder by the Department of Planning Services. The approved plat and additional requirements shall
be recorded within one hundred twenty (120) days from the date the administrative review was signed
or from the date of approval by the Board of County Commissioners. The applicant shall be responsible
for paying the recording fee.
3. Enforcement:
Per Section 24-9-60 of the Weld County Code:
A. 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.
B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance
may result in locking of the lots and withholding Weld County permits.
C. 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.
4. Plat Recording Process:
Per 24-9-40.K. of the Weld County Code: 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.
Per 24-9-40.L. of the Weld County Code: The Department of Planning Services shall submit the plat to
the Weld County Clerk and Recorder for recording.
Per 24-9-40.M. of the Weld County Code: The Resubdivision is approved and binding on the date the
plat is recorded with the Weld County Clerk and Recorder.
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.
5. Recording New Deeds:
The applicant 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 Resubdivision 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
RES23-0001
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of the lots by the Weld County Assessor's Department and may create a clouded chain of title.
RES23-0001
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