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MINOR SUBDIVISION FINAL PLAN
STAFF COMMENTS
Michael Hall
Case Number: MINF21-0001
Owner: George G. Zadel
18100 County Road 19, Johnstown, CO 80534
Hearing Date: March 1, 2022
Representative: Baseline Engineering Corporation c/o Andrew Baker
112 North Rubey Drive, Suite 210, Golden, CO 80403
Request: A Site Specific Development Plan and Minor Subdivision Final Plan for 5 lots with E
(Estate) zoning.
Legal Lot B of Recorded Exemption RE -1359; being a part of the SW4SW4 of Section 34, T4N,
Description: R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 38; east of and adjacent to County Road 19
Parcel Size: +1- 24.38 acres Parcel No. 1059-34-0-00-027
The criteria for review of this Minor Subdivision Final Plan are listed in Chapter 24 Article of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
■ Colorado Geological Survey, referral dated December 16, 2021
■ Weld County School District RE -1, referral dated December 6, 2021
■ Colorado Division of Water Resources, referral dated October 27, 2020
■ Weld County Department of Public Health and Environment, referral dated December 9, 2021
■ Weld County Department of Planning Services — Development Review, referral dated December 9, 2021
■ Weld County Department of Planning Services — Building and Addressing, referral dated November 8, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Town of Platteville, referral dated December 8, 2021
■ Colorado Parks and Wildlife, referral dated December 6, 2021
■ United States Postal Service, referral dated December 15, 2021
■ Little Thompson Water District, referral dated December 27, 2021
■ Weld County Zoning Compliance, referral dated December 9, 2021
■ Platteville-Gilcrest Fire Protection District, referral dated December 14, 2021
■ Weld County Department of Planning Services — Floodplain, referral dated December 6, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
■ Town of Milliken
■ United Power Inc.
■ Town of Johnstown
■ Weld County Attorney's Office
■ Occidental Petroleum Corporation
■ United States Army Corps of Engineers
MINF21-0001 - Zadel
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CASE SUMMARY:
The subject Minor Subdivision Final Plan application MINF21-0001, seeks to plat five (5) residential lots on
an approximately twenty-four (24) acre parcel. This Minor Subdivision Final Plan is the third and final
application step of the proposed Zadel Minor Subdivision. Pending Change of Zone, COZ21-0008 is in
process to rezone the subject parcel of land from the A (Agricultural) Zone District to the E (Estate) Zone
District. The applicant has satisfied the requirements of the Sketch Plan process, case number MINK20-
0002, prior to advancing to the Change of Zone and concurrent Final Plan.
There is one (1) residence and associated outbuildings located in the southwest portion of the site, on
proposed Lot 1. The area that will comprise Lots 2 thru 5 is currently vacant, with the exception of oil and
gas infrastructure. The Minor Subdivision will be served by the Little Thompson Water District and on -site
wastewater treatment systems. One (1) internal, paved roadway will serve the five (5) lots, off County Road
38. No direct access to any lot shall be permitted onto any County Road. All existing access points shall be
closed and reclaimed, except an eastern access point, which provides access to on -site oil and gas
facilities. No outlots are proposed. No drainage features are proposed.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the Minor Subdivision Final Plan application
requirements per Section 24-5-60 of the Weld County Code.
2. The submitted materials are in compliance with Minor Subdivision Final Plan review criteria. The
criteria for recommendation are located in Section 24-5-70.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, being the Minor Subdivision Overview and Standards per
Section 24-5-10 and Section 24-5-20 of the Weld County Code.
3. The submitted materials are in compliance with Minor Subdivision Final Plan Overview per Section
24-5-10 (lettered A thru H) of the Weld County Code, as follows:
A. The Minor Subdivision process is for subdivisions proposing a maximum of nine (9) lots,
excluding agricultural outlots. The Minor Subdivision is subject to a two- or three -step review
and approval process. The Minor Subdivision process includes the Minor Subdivision Sketch
Plan and Minor Subdivision Final Plan applications described in Article V of Chapter 24.
The proposed Minor Subdivision involves the creation of five (5) residential lots. This Minor
Subdivision application followed the standard three -step application process.
B. The Minor Subdivision process may include a Change of Zone application as described in
Chapter 23, Article II, Division I and Section 24-5-50 of the Weld County Code, as amended
and shall be processed after the Minor Subdivision Sketch Plan application and before or
concurrent with the Final Plan application.
Change of Zone, COZ21-0008, being a rezone from the A (Agricultural) Zone District to the E
(Estate) Zone District is being processed concurrently with this Minor Subdivision Final Plan
application. The Change of Zone Plat must be recorded prior to the Minor Subdivision Final
Plat.
C. A Minor Subdivision may only be permitted under a single Final Plan application. No individual
phasing or filings are allowed.
This Minor Subdivision will be completed with a single Final Plan application.
D. 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.
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The land to be divided by the subject Minor Subdivision is not part of a Historic Townsite or
part of a recorded Planned Unit Development or subdivision.
E. A Minor Subdivision may be considered an Urban Scale Development or Non -Urban Scale
Development as defined in Section 24-1-40 of the Weld County Code, as amended.
This Minor Subdivision is considered a Non -Urban Scale Development. This development
classification is only permitted outside of one (1) mile of a municipal sewer line and requires a
public water source and public sewer or onsite wastewater treatment systems. This
development meets these requirements.
F. The Resubdivision requirements shall be followed when proposing modifications to a recorded
Minor Subdivision Final Plat as described in Article IX of Chapter 24 of the Weld County Code,
as amended. Additional lots may be created by the Resubdivision process within an existing
Minor Subdivision, so long as the overall number of total lots in the existing Minor Subdivision
does not exceed nine (9) buildable lots.
If requested by the applicant in the future, the Resubdivision process will be utilized to amend
this subject Minor Subdivision. Given this Minor Subdivision requests five (5) lots, there is the
potential to amend the Final Plat to include up to four (4) additional lots.
G. The Minor Subdivision 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, II and III of the Weld County Code, as amended.
This Minor Subdivision application complies with Chapter 22 [Comprehensive Plan], Chapter
23 [Zoning Ordinance] and Chapter 24 [Subdivision Ordinance], all of the Weld County Code.
Compliance with the above Chapters were demonstrated in the Minor Subdivision Sketch Plan
(MINK20-0002) and Change of Zone (COZ21-0008) staff reports.
H. The Minor Subdivision process shall not be used to circumvent the Planned Unit Development
process by locating more than one (1) Minor Subdivision adjacent to one another.
There are no other existing or pending Minor Subdivisions adjacent to this proposed
application.
4. The submitted materials are in compliance with Minor Subdivision Final Plan Standards per Section
24-5-20 (numbered 1 thru 22) of the Weld County Code, as follows:
A. The property to be divided by the proposed Minor Subdivision shall be comprised of legal lots.
The property is a single legal lot, being Lot B of Recorded Exemption RE -1359, recorded
February 12, 1992, reception # 2277950.
B. Lots within a Minor Subdivision shall be served by a public water supply system.
Potable water will be provided from the Little Thompson Water District (LTWD). The existing
residence on Lot 1, is served by Little Thompson Water District, tap #3564. The Minor
Subdivision Final Plan application materials included a water service commitment letter from
the Little Thompson Water District (LTWD), dated August 20, 2020. The LTWD letter expires
on August 20, 2022, if the taps have not been purchased, paid for and installed by that date.
The LTWD did not issue new comments in the referral response, dated December 27, 2021.
Additionally, the Colorado Division of Water Resources referral, dated October 27, 2020 as
submitted for the Sketch Plan application, gave the opinion that water supply from the LWTD
is adequate for the development.
C. Lots within a Minor Subdivision shall be served by an on -site wastewater treatment system
(OWTS) or public sewer.
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Sewer Service will be provided by on -site wastewater treatment systems (OWTS). The existing
residence on Lot 1, is served by a septic system, permit #G19860121. The Sketch Plan
application materials included a Geologic Report, prepared by Soilogic Inc., dated and revised
October 20, 2020. This report contained considerations for future on -site wastewater treatment
systems (OWTS) and their installation given the sandy loam soil quality of the property.
D. The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the
Weld County Code, as amended, excluding the A (Agricultural) Zone District.
The Minor Subdivision will be located in the E (Estate) Zone District.
E. Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one -quarter
(X) mile, in any direction, as measured from the exterior property line of any existing, platted
Minor Subdivision or Rural Land Division.
The nearest platted Minor Subdivision is approximately 1.7 miles southeast of the Zadel
property, which is located in the Town of Milliken municipal limits. The nearest unincorporated
platted Minor Subdivision is approximately 2.85 miles northwest of the Zadel property. The
location of this Minor Subdivision is compliant with this separation requirement.
F. The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone
district requirements per Chapter 23, Article III of the Weld County Code, as amended.
The minimum lot size in the E (Estate) Zone District is two and one half (2.5) acres and the
maximum lot size is twenty (20) acres, per Section 23-3-440.A and B of the Weld County Code.
All the proposed five (5) lots meet these bulk requirements. The minimum lot size is 3.6 acres,
the maximum is 6.6 acres.
G. If the average lot area exceeds three (3) acres in size in an Estate zoned Minor Subdivision,
no common open space, or recreational elements are required.
The average lot size is 4.75 acres. Therefore, no common open space or recreational elements
are part of this request.
H. The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots,
excluding outlots.
The proposed Minor Subdivision involves the creation of five (5) residential lots, which is less
than nine (9) lots. No outlots are proposed.
I. A Homeowners Association is required and shall be managed by the property owners within
the Minor Subdivision.
A Homeowners Association shall be required. Conditions of approval and Plat Notes shall
ensure this standard. A Declaration of Covenants, Conditions, and Restrictions shall be
recorded, following recordation of the Minor Subdivision Final Plat.
J. Drainage and utility easements within Minor Subdivision shall follow the easement standards
per Chapter 24, Article III of the Weld County Code, as amended.
Section 24-5-70.A.4. of the Weld County Code, being the Minor Subdivision Final Plan
procedure section, states: "The Department of Planning Services shall schedule the Minor
Subdivision Final Plan utility design on the first available Utilities Coordinating Advisory
Committee meeting prior to the Board of County Commissioners hearing. The Utilities
Coordinating Advisory Committee shall review the Final Plan for compliance with Section 24-
3-60 of the Weld County Code, as amended."
At the Utilities Coordinating Advisory Committee Hearing, held on January 27, 2022, Planning
staff recommended that specified easements be dedicated on the Minor Subdivision Final Plat.
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Utility Board approved the recommended default Easement Standards per Section 24-3-60 of
the Weld County Code.
K. The Minor Subdivision lots shall be accessed via a privately maintained road located in a single
internal publicly dedicated right-of-way.
The proposed Minor Subdivision lots will access onto a privately maintained road, located in a
single internal publicly dedicated right-of-way.
L. All lots within a Minor Subdivision shall connect directly onto an internal public road. No Minor
Subdivision shall contain any access easement except:
a. Preexisting access easements for nonresidential purposes for example ditch roads, oil and
gas facility access roads, et cetera.
b. Access easements solely for the use of emergency services.
c. Easements to provide lot owners with access to common elements located within the Minor
Subdivision.
Above subsection L.a is applicable, which corresponds to Section 24-5-20.Al2.a of the Weld
County Code. A pre-existing access road located on the eastern property boundary, extending
north into the property from County Road 38 will remain. This access shall not be used to
provide residential access to the Minor Subdivision. This access is covered in the existing Kerr
McGee Rocky Mountain, LLC Easement, Right-of-way and Surface Use Agreement, recorded
February 21, 2006, reception # 3364440.
M. The Minor Subdivision roadway shall intersect with a publicly maintained roadway.
The Minor Subdivision roadway intersects with County Road 38, which is a publicly maintained
road.
N. The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained
roadway.
The Minor Subdivision internal roadway is perpendicular to County Road 38.
O. The Minor Subdivision internal roadway shall not access directly onto County arterial roads or
County, State, or Federal highways.
The Minor Subdivision internal roadway accesses onto County Road 38, identified as a
collector roadway per the 2020 Weld County Functional Classification Map.
P. The Minor Subdivision roadway shall be maintained by the Homeowners Association.
The Minor Subdivision roadway will be maintained by the Homeowners Associations. Prior to
approval of the Declaration of Covenants, Conditions, and Restrictions, the Weld County
Attorney's Office will ensure the maintenance of the internal road is addressed via a condition
of approval.
Q. The Minor Subdivision roadway shall be paved if connecting to a paved publicly maintained
roadway. The Minor Subdivision roadway may be gravel if connecting to a gravel publicly
maintained roadway.
The Minor Subdivision roadway connects to a paved publicly maintained roadway. Therefore,
the Minor Subdivision roadway shall be paved.
R. All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as
amended.
Weld County Department of Planning Services - Development Review staff will ensure that
accesses are in accordance with Chapter 8, Article XIV of the Weld County Code.
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S. An Improvements/Road Maintenance Agreement may be required.
An Improvements Agreement is required as a condition of approval of this request.
T. The Minor Subdivision shall reasonably accommodate the requirements of fire districts, police
authorities and other emergency services.
Emergency responders and the school district were sent referrals throughout this Minor
Subdivision process. The Platteville-Gilcrest Fire Protection District, referral dated December
14, 2021, did not provide any comments. The Weld County Sheriff's Office responded with no
concerns in their referral dated November 1, 2021, as part of the Change of Zone referral
notice. The Weld County Office of Emergency Management did not respond, as part of the
Change of Zone referral notice. These agencies were also notified during the Minor Subdivision
Sketch Plan application and did not submit any comments at that time.
U. The Minor Subdivision shall be designed to preserve prime agricultural land.
The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated
August 23, 2018, as submitted in the application materials, describes the property containing
primarily well drained and low/moderate-slope sandy loam soils. These soils are classified as
"Prime farmland if irrigated" and "Farmland of local importance"; however, the property is not
irrigated and is not utilized for farming activities. Additionally, the Soilogic Geologic Report did
not describe any moderate or severe soil limitations that would preclude residential
development, which is characteristic in the E (Estate) Zone District.
The subject parcel is not located within a soil conservation district. The Weld County Extension
Office did not respond. No comments on the soil's suitability for development were received
from any other referral agency.
V. The Minor Subdivision shall be designed to preserve wetlands, wildlife habitats, historical sites
and burial grounds.
The proposed subdivision will not have an undue or adverse impact on wildlife. No known
historical site or burial grounds are on the property. The Colorado Parks and Wildlife referral,
dated December 6, 2021, did not include any comments. The United States Army Corps of
Engineers did not respond.
5. The submitted materials are in compliance with other Minor Subdivision Final Plan review
considerations:
A. Municipalities - The subject site is located within the Johnstown, Milliken and Platteville
Coordinated Planning Agreement (CPA) boundaries. The municipalities all returned signed
Notice of Inquiry forms which collectively stated no concerns and no annexation interest,
respectively dated May 11, April 29 and May 13, 2021. For reference, the Town of Milliken
corporate limits are closest to this site, being approximately 0.6 miles northeast.
These three municipalities were sent a referral notice during the Minor Subdivision Final Plan
application. Platteville returned a referral, dated December 8, 2021, and expressed no
concerns. Johnstown and Milliken did not respond. For reference, these Towns were also
notified of the previous Sketch Plan application (MINK20-0002) and the Change of Zone
application (COZ21-0008). No comments or concerns have been received for this case under
those separate applications.
B. Surroundings Property Owners - The Department of Planning Services sent notice to eleven
(11) surrounding property owners within 500 -feet of the subject parcel. No responses have
been received back. If any responses are received prior to the public hearings, they will be
included as exhibits for the case.
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C. Surrounding Land Uses - The surrounding lands are a mix of agricultural farmland, rural
residential, on -going oil and gas operations, public utility infrastructure facilities and natural
areas, including the Saint Vrain Creek. The surrounding lands are zoned A (Agricultural). The
next closest, unincorporated, non -agriculturally zoned properties are approximately 0.75 miles
south of the site, located east of and adjacent to County Road 19 1/2 and are zoned 1-3 (Heavy
Industrial), being the Fort Saint Vrain Generating Station. There are several Use by Special
Review permits in the immediate area including USR-1183 (gas line) to the east; USR18-0124
(wedding and event venue) to the east, USR-823 (230kV transmission line) to the east; USR-
1063 (power plant) to the south and east; USR-1647 (power generation facility) to the south;
and USR-1735 (custom metal working studio) to the northwest.
None of the existing surrounding land uses, including the aforementioned USR permits, appear
to be incompatible with the Minor Subdivision, as the distance between such uses provides
significant buffering.
D. Overlay Districts - The proposed Minor Subdivision is not located within the Airport Overlay
District, 1-25 Overlay District, Historic Townsite Overlay District, Agricultural Heritage Overlay
District, Geological Hazard Overlay District, MS4 area or within a Special Flood Hazard Area.
Therefore, no additional compliance with Overlay Districts must be demonstrated. The Weld
County Department of Planning Services — Floodplain referral, dated December 6, 2021, did
not include any comments. The Colorado Geological Survey referral, dated December 16,
2021, did not include any requirements.
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 MINOR SUBDIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Minor Subdivision Final Plat:
A. The COZ21-0008 plat shall be recorded. (Department of Planning Services)
B. The applicant shall satisfy the requirements of Weld County School District RE -1, as stated in
the referral response dated December 6, 2021, as required per Section 24-3-170 of the Weld
County Code. Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Department of Planning Services)
C. All existing structures shall comply with setback and offset requirements per Section 23-3-440
of the Weld County Code. Refer to the Improvement Survey Plat, recorded August 18, 2018,
reception # 4424628. If any structures do not comply with these requirements, a Non-
conforming Structure or Board of Adjustment application shall be submitted to the Weld County
Department of Planning Services, as applicable. (Department of Planning Services)
D. The applicant shall submit the name of the street of the proposed development along with the
street addresses for review to the Weld County Sheriff's Office, Department of Planning
Services - Addressing, United States Postal Services and Platteville-Gilcrest Fire Protection
District. Evidence of each agency's approval shall be submitted in writing to the Department of
Planning Services. This road name will be used in addressing of the Minor Subdivision lots.
There shall be no duplication of road names within the area. (Department of Planning Services)
E. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions
(CCR) of the required Homeowners Association, for review and approval by the Weld County
Attorney's Office and Department of Planning Services. The finalized Declaration of CCRs and
Articles of Incorporation shall be submitted to the Weld County Department of Planning
Services for recordation with the appropriate recording fee. The CCRs shall incorporate any
changes required by the Weld County Attorney's Office and Department of Planning Services.
(Department of Planning Services)
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F. The applicant shall submit Certificates from the Secretary of State demonstrating that "The
Homeowners Association" has been formed and registered with the State. (Department of
Planning Services)
G. An Improvements Agreement is required for on -site improvements associated with this project.
Off -site roadway improvements may be required as a part of the Agreement. (Development
Review)
2. The Minor Subdivision Final Plat shall delineate the following:
A. All sheets of the plat shall be labeled Zadel Minor Subdivision Final Plat No. MINF21-0001.
(Department of Planning Services)
B. The plat shall be prepared in accordance with Section 24-5-80 of the Weld County Code.
(Department of Planning Services)
C. The plat shall include the acreage and dimensions of each lot. (Department of Planning
Services)
D. Show and label all existing fencing and any conflicting boundary evidence. (Department of
Planning Services)
E. Show and label the Minor Subdivision internal publicly dedicated road right-of-way. Within the
dedicated right-of-way, the internal roadway will be located. (Department of Planning Services)
F. Show and label the internal Minor Subdivision road 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)
G. 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)
H. Show and label the sight distance triangle on the plat. (Department of Planning Services)
I. Show and label the requisite easements as stipulated by the Utility Coordinating Advisory
Committee hearing on January 27, 2022, and as sourced from the default Easement Standards
per Section 24-3-60. Utilities shall be installed underground within these easements according
to Section 24-3-180 of the Weld County Code; standard exceptions apply. (Department of
Planning Services)
J. 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)
K. Show and label the existing oil and gas infrastructure on site. Setback radiuses for existing oil
and gas tank batteries and wellheads shall be indicated on the plat per the setback
requirements of 23-3-70.E of the Weld County Code. Reference the recorded Easement, Right-
of-way and Surface Use Agreement and access roads related thereto. (Department of Planning
Services)
L. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
M. County Road 38 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
MINF21-0001 - Zadel
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measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
N. Show and label the approved access locations for the proposed development access and for
the existing oil and gas access onto County Road 38. Show and label each access width and
the appropriate turning radii (65'). Label the existing residential access as "Close and Reclaim."
Show the driveway access onto the internal road for each lot. The applicant must obtain access
permits in the approved locations prior to construction. (Development Review)
O. Show and label the easement used by the oil and gas facility to access County Road 38 via
the existing access road. (Development Review)
P. The applicant shall show the drainage flow arrows. (Development Review)
3. The following notes shall be delineated on the Minor Subdivision Final Plat:
1) A Site Specific Development Plan and Minor Subdivision Final Plan, MINF21-0001, for 5
residential lots. Department of Planning Services)
2) Allowed uses in the Resubdivision consist of E (Estate) Zone District listed in Chapter 23,
Article III, Division 5 of the Weld County Code, as amended. (Department of Planning Services)
3) Any future structures or uses on site may be required to obtain approval through the appropriate
zoning and building permits. (Department of Planning Services)
4) 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)
5) 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)
6) A Homeowners Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each lot owner. The Association is responsible for liability
insurance, taxes and maintenance of streets, private utilities and the enforcement of covenants.
(Department of Planning Services)
7) Stop signs and street name signs will be required at all intersections. (Department of Planning
Services)
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) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
10) 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)
11) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
12) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
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13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by an on -site wastewater treatment system (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)
14) 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)
15) 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)
16) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and apply for a permit
from the Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
17) 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)
18) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (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 Minor
Subdivision Final Plat.
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.
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
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County Code. The Mylar plat and additional requirements shall be submitted within one -hundred -
twenty (120) 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 Minor Subdivision final 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 Minor Subdivision within three (3) years
of the date of the approval of the Minor Subdivision Final Plan by the Board of County
Commissioners, 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 Minor Subdivision. The Board of County Commissioners may extend the date for initiation of
the Minor Subdivision construction and shall periodically require the applicant to demonstrate that
the Minor Subdivision has not been abandoned. If the Board of County Commissioners determines
that conditions supporting the original approval of the Minor Subdivision Final Plat have changed
or that the property owner cannot implement the Minor Subdivision Final Plat, the Board of County
Commissioners may, after a public hearing, revoke the Minor Subdivision Final Plat and order the
recorded Minor Subdivision to be 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 Minor Subdivision Final Plat
not be recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period.
9. No subdivision development shall commence until a Minor Subdivision Final Plan application is
approved and a Minor Subdivision 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 Minor Subdivision 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 Minor Subdivision 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.
11. Prior to Construction:
A. The requirements detailed in the Little Thompson Water District water service commitment
letter, dated August 20, 2020, shall be completed. Should the requirements of the letter not be
completed within two (2) years from the date of the letter, a new letter shall be obtained.
Evidence of water rights and purchased and installed Little Thompson Water District water taps
shall be provided to the Weld County Department of Planning Services. (Department of
Planning Services)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
C. Obtain access permits for the two proposed access locations onto County Road 38.
(Development Review)
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D. An approved access permit is required prior to addressing the Minor Subdivision. The existing
residence on Lot 1 will need a new address as that lot will now have access from the internal
subdivision road. (Department of Planning Services — Building and Addressing)
E. Road construction plans shall be submitted to the Department of Planning Services —
Development Review, as stipulated in the Improvements Agreement. Refer to Section 24-3-20
of the Weld County Code. (Department of Planning Services)
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