HomeMy WebLinkAbout20220187.tiffRESOLUTION
RE: APPROVE RURAL LAND DIVISION FINAL PLAN, RLDF21-0002, FOR THE
CREATION OF TWO (2) LOTS IN THE A (AGRICULTURAL) ZONE DISTRICT -
RICHARD AND PATRICIA STAHL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Richard and Patricia Stahl, 16087 County Road 40, LaSalle, Colorado 80645,
for a Rural Land Division Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -1748; being part
of the SW1/4 of Section 26, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
February 2, 2022, at 10:00 a.m., to allow the applicants additional time to revise and finalize the
site map, and
WHEREAS, on February 2, 2022, the Weld County Offices were closed due to inclement
weather conditions and the scheduled Land Use hearings were moved to the following
Wednesday, February 9, 2022, per the updated and published Agenda, and
WHEREAS, on February 9, 2022, the applicant was present, and
WHEREAS, Section 24-6-60 of the Weld County Code provides standards for review of
said Rural Land Division Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
The submitted materials are in compliance with the overview and standards of
Sections 24-6-10 and 24-6-20 of the Weld County Code.
A. Section 24-6-10.B — Lots which are part 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.
CC : (TPIcc), t(c .), CA(WK), f PPL .
03 /cr/22
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B. Section 24-6-10.C — A Rural Land Division may be considered a
Non -Urban Scale Development as defined in Section 24-1-40 of the Weld
County Code, as amended. The proposed RLD is considered a Non -Urban
Scale Development.
C. Section 24-6-10.E — 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, II and III of the Weld County Code, as amended.
The applicant intends to access onto County Road 33 and the accesses
onto County Road 40 are proposed to be closed and reclaimed. This is
intended to match the existing site conditions, since the access is existing
along with the two residences on the site. Per Appendix 8-Q of the Weld
County Code, the applicant can request a variance from requirements of
the Weld County Engineering and Construction Criteria. This is
appropriate, given that no new construction is proposed for this Rural Land
Division, and both lots contain an existing residence and access.
D. Section 24-6-20.A. 1 — The property to be divided by the Rural Land Division
shall be comprised of legal lots. The proposed Rural Land Division is
located on a legal lot (Lot A of RE -1748).
E. Section 24-6-20.A.2 — Lots within a Rural Land Division shall be served by
a public water supply system. The proposed Rural Land Division is served
by the Central Weld County Water District.
F. 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. Both
lots proposed under the Rural Land Division are served by OWTS (septic
systems).
G. Section 24-6-20.A.4 — The Rural Land Division shall only be approved on
property located in the A (Agricultural) Zone District. The property is zoned
A (Agricultural).
H. Section 24-6-20.A.5 — Any proposed Rural Land Division must be
separated by a minimum of 1,320 feet or one -quarter (1/4) mile, in any
direction, as measured from the exterior property line of any existing,
platted Rural Land Division or Minor Subdivision. The nearest minor
subdivision (MINF12-0001 — Weld County Industrial Park) is located
approximately 6,900 feet to the north. There are no platted Rural Land
Divisions in the vicinity.
Section 24-6-20.A.6 — The maximum parcel size on which a Rural Land
Division is proposed shall not be greater than 45 acres. The Rural Land
Division parcel is less than 45 acres.
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Section 24-6-20.A.7 — If the proposed Rural Land Division will be located
on the largest lot of a Recorded Exemption, then the criteria of
Sections A.7.1 through A.7.6 apply. This criterion does not apply to this
Rural Land Division. This Rural Land Division is to be located on the
smallest lot (Lot A of RE -1 748) not the largest lot of a Recorded Exemption.
K. Section 24-6-20.A.8 — The maximum number of lots within the Rural Land
Division shall be four (4) lots. Two (2) lots are proposed for this Rural Land
Division.
L. Section 24-6-20.A.9 — The minimum lot size in a Rural Land Division shall
be three (3) acres, net. Both Lots of the proposed Rural Land Division are
a minimum of three (3) acres in size.
M. Section 24-6-20.A.10 — This Rural Land Division is not financed by a
Title 32 Metropolitan District.
N. Section 24-6-20.A.11 — A Homeowner's Association is not required, but
may be voluntarily created and managed by the residents within the Rural
Land Division. No Homeowner's Association with be associated with this
Rural Land Division.
O. Section 24-6-20.A. 12 — Drainage and utility easements within a Rural Land
Division shall follow the easement standards per Chapter 24, Article III, of
the Weld County Code, as amended. The Rural Land Division shall adhere
to the recommendations of the Weld County Utilities Coordinating
Committee, dated January 13, 2022. A Condition of Approval has been
attached.
P. Section 24-6-20.A. 13 — The Rural Land Division lots shall be accessed via
a single, internal, publicly dedicated right-of-way and shall be privately
maintained, according to a Road Maintenance Agreement applicable to all
present and future lot owners. The property is served by an existing access
road that crosses the property and serves the existing residences. No new
access is proposed. The applicant has requested to allow this access to be
utilized via a 20 -foot access right-of-way, versus a 60 -foot road
right-of-way. The internal right-of-way is required and is attached as a
Condition of Approval. The applicant's request that the width of the
right-of-way be only 20 feet to match the existing site conditions is hereby
granted. Additionally, the applicant's request for a reduced cross section
and the deletion of the emergency turn around requirements, per Chapter 8
standards of the Code, is hereby granted.
Q. 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. The
property is served by an existing access road that crosses the property and
serves the existing residences. No new access is proposed. The applicant
has requested to allow this access to be utilized via a 20 -foot access
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easement, versus a 60 -foot road right-of-way. An access easement is not
allowed in lieu of right-of-way. A Condition of Approval has been attached
requiring the access to be a publicly dedicated right-of-way, versus an
access easement. There is an existing easement agreement (recorded
September 7, 2012, under Reception #3871788), between the Stahls and
the property to the south. This easement is located on the southern end of
proposed Lot A-2 and allows the adjacent property owner to enter the Stahl
property for access and landscaping in this location. Because this is an
access easement, it will need to be either vacated or amended to remove
access language from the easement or sell/transfer the access easement
area to the adjacent property by the Lot Line Adjustment (LLA) process.
These options have been added as a Condition of Approval.
R. 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
borders both County Road 33 and County Road 40, which are both
County -maintained gravel roads.
S. Section 24-6-20.A.16 — The Rural Land Division internal roadway shall be
perpendicular to the publicly maintained right-of-way. The internal access
for the Rural Land Division is perpendicular to County Road 33.
T. Section 24-6-20.A.17 — The Rural Land Division shall not connect directly
onto County arterial roads or County, State, or Federal highways. The
proposed Rural Land Division accesses onto a local gravel road (County
Road 33).
U. Section 24-6-20.A.18 — The Rural Land Division roadway shall be
designed, constructed, and maintained by private recorded agreement
between the landowners within the Rural Land Division. The applicant has
submitted a draft easement and maintenance agreement stating that
Lot A-1 will maintain the proposed internal access easement and will be
reimbursed by the owner of Lot A-2. The agreement is required to be
amended to state the roadway is an internal road right-of-way and not an
easement. A Condition of Approval is attached, requiring the easement and
maintenance agreement be recorded prior to recording the RLDF21-0002
plat.
V. Section 24-6-20.A.19 — The internal access roadway shall meet all safety
criteria outlined in Chapter 8, Article XIV, of the Weld County Code. Per the
Weld County Code, a "development access" requires a 330 -foot setback
from the County Road 33/County Road 40 intersection. The existing access
does not meet the spacing requirement for a "development access";
however, the applicant has requested to use the existing, permitted access
point onto County Road 33, which is hereby granted.
W. Section 24-6-20.A.20 — The Rural Land Division shall be designed to meet
the requirements of local governments or districts to provide fire and police
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protection or other emergency services. The Platteville-Gilcrest Fire
Protection District reviewed the proposed access layout and indicated no
conflicts with their interests in their referral response dated October 20,
2021, and no referral response has been received from the Weld County
Sheriff's Office.
X. Section 24-6-20.A.21 — The Rural Land Division shall be designed to
preserve prime agricultural land. The existing parcel is covered by existing
improvements (two (2) homes), is located outside of the center pivot
located to the north and east and is not being utilized for agricultural
production.
Y. Section 24-6-20.A.22 — The Rural Land Division shall be designed to
preserve wetlands, wildlife habitats, historical sites or burial grounds. There
are no wetlands, historical sites or burial grounds located on the property.
Colorado Parks and Wildlife did not provide a referral response in response
to this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Richard and Patricia Stahl, for a Rural Land Division
Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the A (Agricultural) Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for on -site
improvements, for an internal roadway at this location, as determined by
the BOCC. 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.
B. The Private Roadway Maintenance Agreement shall be finalized, signed
and submitted to the Department of Planning Services for recording. The
Private Roadway Maintenance Agreement shall be revised to reflect that
the road to be maintained is a public right-of-way and not a non-exclusive
easement.
C. The applicant shall do one (1) of the following:
1) Submit evidence that the Agreement and Grant of Easement,
recorded 9/7/2012, under Reception #3871788 has been vacated.
2) Remove any reference to access in the Agreement and Grant of
Easement, recorded 9/7/2012, under Reception #3871788.
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3) Submit a Lot Line Adjustment (LLA) application for review and
approval by the Department of Planning Services, to transfer the
area encumbered by the Agreement and Grant of Easement,
recorded 9/7/2012, under Reception #3871788, from the applicant
to the adjacent property (16019 County Road 40). Upon approval
of the LLA application, a LLA plat shall be submitted for recording
along with a deed, which delineates the amended property
boundaries created through the LLA.
D. The plat shall be amended to delineate the following:
1) All pages shall be labeled: RLDF21-0002.
2) The plat shall be prepared, per Section 24-6-70 of the Weld County
Code.
3) The plat shall contain the certification blocks, per Appendix 24-B of
the Weld County Code.
4) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
5) County Road 33 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 the future and existing
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the plat. 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 Section 23-1-90, the required
setback is measured from the future right-of-way line. This road is
maintained by Weld County.
6) County Road 40 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 the future and existing right-
of-way (along with the documents creating the existing right-of-way)
and the physical location of the road on the plat. 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 Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained
by Weld County.
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7) The applicant shall show and label the internal roadway
right-of-way. The submitted plat shall show the internal road and
the publicly dedicated right-of-way used to access the site from the
maintained County Road, from the lots, to and including, the
maintained County Road access point. All setbacks shall be
measured from the edge of the 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."
8) The internal road right-of-way is a separate parcel and is not a part
of Lot A-1 and A-2. The boundaries of Lot A-1 and Lot A-2 shall be
adjusted to ensure that each lot is a minimum of 3 -net acres, as
required per Section 24-6-20 of the Weld County Code.
9) The applicant shall show and label the approved access point and
the usage type (Development Access). The access location will be
reviewed as a part of the plat submittal.
10) The draft RLDF plat identifies the boundary of RLDF21-0002, at the
edge of the right-of-way for County Road 33 and County Road 40.
This does not match the boundary of Lot A of RE -1748. Lot A of
RE -1748 runs to the section line. The RLDF21-0002 plat shall be
revised/extended to the west and south section lines of Section 26,
Township 4 North, Range 6 West.
11) Utility and Drainage easements shall be delineated on the plat, per
the recommendation of the Weld County Utility Advisory
Committee.
E. The Final Plat is conditional upon the following, and that each be placed on
the Final Plat, as notes prior to recording:
1) A Rural Land Division Final Plan, RLDF21-0002, is for the creation
of Two (2) Lots in the A (Agricultural) Zone District.
2) All existing and future uses in the Rural Land Division are subject
to A (Agricultural) Zoning requirements, delineated in Chapter 23,
Article III, of the Weld County Code.
3) A Homeowner's Association is not required but may be voluntarily
created and managed by the residents within the Rural Land
Division.
4) The Rural Land Division roadway shall be designed, constructed,
and maintained by a private, recorded agreement between the
landowners within the Rural Land Division.
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5) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
6) 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.
7) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
8) If applicable, all access and utility easements are dedicated for the
benefit of all owners of lots depicted on this plat, including owners
of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the
use of such easements. No lot owner may install a gate or otherwise
impede the use of such easements without the approval of all
persons with rights of use of such easements.
9) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
10) The property owner shall comply with all requirements provided in
the executed Improvements Road Maintenance Agreement with
up -front on -site improvements.
11) The Improvements and 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.
12) The historical flow patterns and runoff amounts will be maintained
on the site.
13) Water service may be obtained from the Central Weld County
Water District.
14) 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.
15) 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
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of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
16) The Resubdivision requirements shall be followed when proposing
modifications to a recorded Rural Land Division plat, as described
in Chapter 24 , Article IX, of the Weld County Code, as amended.
Additional lots may be 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.
17) 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. Oftentimes, 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.
18) The Weld County Right to Farm Statement, as it appears in Section
22-2-30.A.4.a of the Weld County Code, shall be placed on the map
and recognized at all times.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COU TY, COLORADO
ATTEST: ��d�/tN/ •J�C,Gto•�
Sc t K. James, Chair
I!AYM!iE.—P-- __
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