HomeMy WebLinkAbout20220189.tiffRURAL LAND DIVISION FINAL PLAN
2_a -Y STAFF COMMENTS
Planner: Chris Gathman Parcel No.: 1057-26-0-00-028
Case Number: RLDF21-0002
Hearing Date: January 4, 2022
Request: A Site -Specific Development Plan and Rural Land Division Final Plan for the creation of
Two (2) Lots in the A (Agricultural) Zone District.
Applicant: Patricia & Richard Stahl
Legal Lot A of Recorded Exemption RE -1748; Being Part of the SW4 of Section 26, T4N, R66W
Description: of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 40 and east of and adjacent to County Road 33.
Lot 1- Septic Permit
Water supply: Lot 1 — CWCWD Tap #94 Sewer Service: SP -0000664
Lot 2 — Proposed CWCWD Tap Lot 2 — Septic Permit OWTS
G19950090
Lot Size total: +1- 9.38 acres
Zoning: A (Agricultural)
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
Weld County Department of Public Works, referral dated August 23, 2021
Weld County Department of Public Health and Environment, referral dated August 30, 2021
Weld County Oil & Gas Energy Department, referral dated August 20, 2021
Colorado Geological Survey, referral dated May 13, 2021
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
Weld County Zoning Compliance, referral dated August 17, 2021
Platteville-Gilcrest Fire Protection District, referral dated October 20, 2021
City of Evans, referral dated August 17, 2021
The Department of Planning Services' Staff has not received responses from the following agencies:
Colorado Department of Transportation
Weld County Sheriffs Office
Colorado Parks and Wildlife
Town of Platteville
Weld County School District RE -1
Platte Valley Conservation District
SOCO Wattenberg Corporation
Associated Natural Gas, Inc.
RLDF21-0002
Page 1 of 10
Narrative:
The applicant is proposing to divide Lot A of Recorded Exemption RE -1 541 into two (2) lots per this Rural
Land Division application. The proposed Rural Land Division is located approximately 5,800 feet f rom the
municipal boundaries of the nearest municipality (Gilcrest). The nearest platted subdivision (Southgate) is
located approximately 4,900 feet from this Rural Land Division. The two (2) lots are proposed to be three
(3) acres (Lot A-2) and 4.7 acres (Lot A-1). There are two (2) existing residences on the property. The
primary residence (addressed as 16087 County Road (CR) 40 and built in 1907) is proposed to be on the
4.7 acre lot and the second home (addressed as 19050 County Road (CR) 33 and constructed in 1953) is
proposed to be on the three (3) acre lot. The second home has been used as a rental property and the
applicant has indicated that they can no longer properly care for the property. The applicant is proposing to
sell off the lot with the second home and pay down their mortgage. No additional buildings or improvements
are proposed at this time.
There are currently three (3) access points onto County Road 33 and County Road 40. The applicant has
proposed to utilize the existing access onto County Road 33 and close and reclaim the existing access
points onto County Road 40. The existing access road would be considered a "Development access" and
would not meet the spacing criteria of 330 -feet from the intersection of County Road 33 and County Road
40 per Section 8-14-40.B of the Weld County Code. The applicant has requested a variance for this access
location. The applicant is also requesting to allow a 30 -foot shared access easement in lieu of a 60 -foot
publicly dedicated right-of-way. The applicant is requesting an alternate road cross section with a total of
18 -feet of gravel driving surface, 1 -foot shoulders on either side of the road and 2 -foot swales on either side
of the road. The property already has an existing access drive that serves the two (2) residences. No
additional residences are proposed. These road and access standards are more conducive to existing site
conditions.
The two (2) residences currently share a Central Weld County Water District tap (tap 94) and are proposing
to install a separate tap for the three (3) acre lot upon approval of the Rural Land Division. The residence
located on proposed Lot A-2 (16087 County Road 40) is served by tap 94 and the new tap will serve
proposed Lot A-1. The applicant has paid for an additional water tap and signed a tap agreement with
Central Weld County Water District and paid the tap fee to serve the residence to be located on proposed
Lot A-1. The proposed three (3) acre lot is served by a wastewater treatment system permitted under
OWTS G19950090 and the proposed 4.7 (proposed Lot A-1) acre lot is served by a wastewater treatment
system permitted under SP -0000664. No farmland will be removed from production because of this Rural
Land Division.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
It is the opinion of the Department of Planning Services that the submitted materials are in compliance
with the requirements of Sections 24-6-10 and 24-6-20 of the Weld County Code.
A. 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.
Section 24-6-20.A.7 applies to the largest lot of a Recorded Exemption, not the smallest lot. This
Rural Land Division is located on the smallest lot of a Recorded Exemption (Lot A of RE -1 748).
B. 24-6-10.C - 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.
The proposed RLD is considered a Non -Urban Scale Development.
C. 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.
RLDF21-0002
Page 2 of 10
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 (as 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. Given that no new construction is proposed for this Rural
Land Division (both lots contain an existing residence and access) staff feels that this is appropriate
and is in support this request.
D. 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 is located on a legal lot (Lot A of RE -1748).
E. 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. 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 on -site wastewater treatment
systems (septic systems).
G. 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. 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.
I. 24-6-20.A.6 - The maximum parcel size on which a Rural Land Division is proposed shall not be
greater than forty-five (45) acres.
The Rural Land Division parcel is less than 45 acres.
J. 24-6-20.A.7 - If the proposed Rural Land Division will be located on the largest lot of a Recorded
Exemption, the following applies:
The applicant shall apply for a Lot Line Adjustment per Chapter 24, 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.
The excepted parcel of land that will contain the Rural Land Division, shall be a maximum of
forty-five (45) acres.
The remaining acreage of the large Recorded Exemption lot shall not be less than one hundred
and twenty (120) acres.
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.
The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded concurrently.
If the Rural Land Division is not approved, the Lot Line Adjustment will be void.
RLDF21-0002
Page 3 of 10
K. 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 -1748) not the largest lot of a Recorded Exemption. 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. 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. 24-6-20.A.10 - Rural Land Divisions shall not be financed by a Title 32 Metropolitan District.
This Rural Land Division is not financed by a Title 32 Metropolitan District.
N. 24-6-20.A.11 - A Homeowners Association is not required but may be voluntarily created and
managed by the residents within the Rural Land Division.
No Homeowners Association with be associated with this Rural Land Division.
O. 24-6-20.12 Drainage and utility easements within 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 scheduled for the January 13, 2021. A Condition of Approval has been
attached.
P. 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 30 -foot access easement 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 is requesting
that the width of the easement (right-of-way) be only 30 -feet to match the existing site conditions.
Per Appendix 8-Q of the Weld County Code, the Board of County Commissioners can approve
different right-of-way widths. Staff is in support of the modification of the right-of-way to 30 -feet.
RLDF21-0002
Page 4 of 10
Q. 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 30 -foot access 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 right-of-way versus an access easement. There is an existing
easement (recorded 9/7/2012 under reception #3871788) between the Stahl's 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.
This is acceptable as this easement was not created by this Rural Land Division. Because this is
an access easement, it will need to be either vacated, 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 as a condition of approval.
R. 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. Both
County Road 33 and County Road 40 are county -maintained gravel roads.
S. 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. 24-6-20.A.17 - The Rural Land Division shall not connect directly onto County arterial roadsor
County, State, or Federal highways.
The proposed Rural Land Division accesses onto a local gravel road (County Road 33).
U. 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 that 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. 24-6-20.A.19 —The internal access roadway shall meet all safety criteria outlined in Chapter8,
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". The applicant has submitted a request to use the
existing access point onto County Road 33. The access point is existing and serves the two (2)
existing residences on the property. Staff is in support of this request contingent upon Board
of County Commissioners approval of this Rural Land Division. The applicant is also requesting an
18 -foot -wide roadway with a 1 -foot shoulder and 4 -foot drainage swales on either side of the
roadway. Staff is in support of this proposed roadway cross-section. This roadway cross-section
is contingent upon approval of the modified right-of-way width (30 -foot right-of-way) by the Board
of County Commissioners.
W. 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 protection or other emergency services.
RLDF21-0002
Page 5 of 10
The Platteville -Gil crest Fire Protection 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. 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 homes), is located outside of the
center pivot located to the north and east and is not being utilized for agricultural production.
Y. 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. ColoradoParks
and Wildlife did not provide a referral response in response to this request.
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
2. The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
A. An Improvements and Road Maintenance Agreement is required for on -site improvements at this location
for an internal roadway 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. (Development Review)
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. (Department of Planning Services)
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
underreception #3871788.
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
submitted recording along with a deed which delineates the amended property boundaries
created through the LLA. (Department of Planning Services)
D. 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
underreception #3871788.
RLDF21-0002
Page 6 of 10
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
submitted recording along with a deed which delineates the amended property boundaries
created through the LLA. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All pages shall be labeled: RLDF21-0002. (Department of Planning Services)
2. The plat shall be prepared per Section 24-6-70. of the Weld County Code. (Department of
Planning Services)
3. The plat shall contain the certification blocks per Appendix 24-B of the Weld County Code.
(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. 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 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 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 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)
7. Show and label the internal roadway right-of-way depending upon the decision of the BOCC.
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
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. (Department of Planning
Services)
9. 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. (Development Review)
RLDF21-0002
Page 7 of 10
10. The draft RLDF plat identifies the boundary of RLDF21-0002 at the edge of right-of-way for
County Road 33 and County Road 40. This does not match the boundary of Lot A of RE -1 748.
Lot A of RE -1748 runs to the section line. The RLDF21-0002 plat shall be revisedlextended to
the west and south section lines of Section 26, T4N, R66W. (Department of Planning Services)
11. Utility and Drainage easements shall be delineated on the plat per the recommendation of the
Weld County Utility Advisory Committee.
12. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
A. A Site -Specific Development Plan and Rural Land Division Final Plan, RLDF21-0002 for
the creation of Two (2) Lots in the A (Agricultural) Zone District. (Department of Planning
Services)
B. All existing and future uses for in the Rural Land Division are subject to A (Agricultural)
Zoning requirements delineated in Article III of the Weld County Code. (Department of
Planning Services)
C. 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)
D. 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)
E. 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)
F. 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)
G. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
H. 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.
(Development Review)
I. 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)
J. The Property Owner shall comply with all requirements provided in the executed
Improvements Road Maintenance Agreement with Up -Front On -Site Improvements.
(Development Review)
K. 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)
RLDF21-0002
Page 8 of 10
L. The historical f low patterns and runoff amounts will be maintained on the site.
(Development Review)
M. Water service may be obtained from Central Weld County Water District. (Department of
Environmental Health)
N. 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
Environmental Health)
O. 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 Environmental Health)
P. 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 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.
Q. 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 person moving
into these areas must recognize the various impacts associated with this development.
Often times, mineral resource sites are f ixed 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.
R. 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 lif e. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
RLDF21-0002
Page 9 of 10
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 f rom 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 toassist 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 shallnot be found to be a public or private nuisance
if the agricultural operation alleged to be anuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lif eline 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 f rom 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 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 f rom a paved
road. Snow removal priorities mean that roads f rom 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 f ield 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.
RLDF21-0002
Page 10 of 10
November 19, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
Stahl Patricia
16087 County Road 40
LaSalle, CO 80645
Subject: RLDF21-0002 - Final Plan application for a Two -Lot Rural Land Division (RLD).
On parcel(s) of land described as:
LOT A REC EXEMPT RE -1748, BEING PART SW4 SECTION 26, T4N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 4, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 19, 2022
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
n �
Chris Gathman
Planner
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