HomeMy WebLinkAbout20222895.tiffRURAL LAND DIVISION FINAL PLAN
STAFF COMMENTS
Planner: Maxwell Nader
Case Number: RLDF22-0002
Owners: CMH Homes Inc
3455 W Service Road, Evans, CO 80620
Request:
Legal:
Location:
Total Acres:
RLDF Parent Parcel:
Hearing Date: October 4, 2022
A Site Specific Development Plan and Rural Land Division Final Plan for the
Creation of Four (4) Lots in the A (Agricultural) Zone District.
Being a part of the E2SE4 of Section 36, T4N, R66W of the 6th P.M., Weld County,
CO
North of and adjacent to County Road 38; west of and adjacent to County Road
37
+1- 80.89 acres
+1- 41.34 acres
Parcel #: 1057-36-0-00-015
The criteria for review of this Rural Land Division Final Plan are listed in Chapter 24, Article VI of the Weld
County Code, as amended.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
Colorado Division of Water Resources, referral dated June 29, 2022
Weld County Oil and Gas Energy Department, referral dated September 16, 2022
Weld County Department of Public Health and Environment, referral dated July 13, 2022
y Weld County Department of Planning Services - Code Compliance, referral dated July 20, 2022
y Weld County Department of Planning Services - Development Review, referral dated July 21, 2022
The Department of Planning Services' Staff has not received responses from the following agencies:
y LaSalle Fire Protection District
Weld County School District RE -1
y Platte Valley Conservation District
Central Weld County Water District
CASE SUMMARY:
The applicant has divided the eighty -acre (80) metes and bounds described property into two parcels
approximately thirty-nine (39) and forty-one (41) acre in size. The forty-one (41) acre parcel will be divided
into four (4) lots via the RLDF. The deeds splitting the eighty -acres (80) were executed on September 22,
2022. As stated the Rural Land Division Final Plan application is proposing four (4) lots total, with Lots one
(1), two (2), and three (3) being approximately five (5) acres in size and Lot four (4) being approximately
twenty-one (21) acres in size according to the draft plat. This is the second and final application step in the
Rural Land Division process per Chapter 24, Article VI of the Weld County Code. This proposal will be
considered a non -urban scale development. The nearest platted subdivision is the Beebe Draw Farms
Equestrian Center subdivision located approximately 1.45 miles southeast of this proposed Rural Land
Division. A single point of ingress and egress is proposed off of County Road 38.
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Page 1 of 12
The property is currently zoned (A) Agricultural and will remain in the A (Agricultural) Zone District. There
is one (1) residence and associated outbuildings on site that will be located on proposed Lot 4; proposed
Lots 1 through 3 are currently vacant. The site is not located within any Coordinated Planning Agreement
(CPA) areas, Special Flood Hazard Area, Geologic Hazard Overlay District, Airport Overlay District or
Municipal Separate Storm Sewer System (MS4) area.
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 Rural Land Division Final Plan application
requirements per Section 24-6-50 of the Weld County Code.
2. The submitted materials are in compliance with the Rural Land Division Final Plan review criteria. The
criteria for recommendation are located in Section 24-6-60.A.5 of the Weld County Code including
referral agency and surrounding property owner comments and compliance with the regulations
contained in the Weld County Code, specifically Section 24-6-10 the Rural Land Division Overview
and Section 24-6-20 the Rural Land Division Standards.
3. The submitted materials are in compliance with the Rural Land Division Final Plan Overview per
Section 24-6-10 of the Weld County Code, as follows:
A. 24-6-10.A states -- The Rural Land Division is an alternative process for development and review
of subdivisions proposing a maximum of four (4) lots in the A (Agricultural) Zone District. The Rural
Land Division process utilizes both the Sketch Plan and Final Plan application processes
described in Article VI of Chapter 24 of the Weld County Code, as amended. The Rural Land
Division process does not include a Change of Zone.
The proposal went through the Rural Land Division Sketch Plan phase, RLDK21-0004, and it was
the opinion of the Department of Planning Services that the proposed Rural Land Division will
comply with Chapter 24, Article VI, Section 24-6-10 and 24-6-20 of the Weld County Code.
B. 24-6-10.B states -- Lots which are 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.
The proposed Rural Land Division Final Plan is located on a metes and bounds described property
that is forty-one (41) acres in size. The subject property meets the criteria of 24-6-10.B and the
property owner is eligible to a apply for a Rural Land Division.
C. 24-6-10. C states --A Rural Land Division may be considered a Non -Urban Scale Development or
Rural Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended.
A Rural Land Division can be considered either Non -Urban or Rural Scale Development. The
definition of the following development classifications are as follows:
"Development, Rural Scale: Rural scale developments require a potable water source, private
sewer systems and internal roads. This development type allows remaining areas to be utilized
for agricultural purposes, open space and environmental conservation."
"Development, Non -urban Scale: Developments comprised of nine (9) or fewer lots. These types
of developments are only permitted outside of one (1) mile of a municipal sewer line. Nonurban
scale developments require a public water source and public sewer or onsite wastewater
treatment systems (OWTS). Internal paved roads and storm drainage may be required."
The proposed Rural Land Division is considered A Rural Scale Development. The proposed Rural
Land Division is located outside of one (1) mile of municipal limits and is located more than one
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(1) mile from a public sewer line.
D. 24-6-10.D states -- The Resubdivision requirements shall be followed when proposing
modifications to a recorded Rural Land Division plat as described in Article IX of Chapter 24 of the
Weld County Code, as amended. Additional lots 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.
If the proposed Rural Land Division Final Plan is approved by the Board of County Commissioners
and recorded, it will follow the Resubdivision process outlined in Article IX of Chapter 24 if lot lines
need to be adjusted or if there is desired to create additional lots.
E. 24-6-10. E states -- The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County
Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design
Standards per Chapter 24, Articles I, 11 and 1I1 of the Weld County Code, as amended.
This Rural Land Division Final Plan 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 Rural Land Division Sketch
Plan (RLDK21-0004) staff report.
4. The submitted materials are in compliance with the Rural Land Division Final Plan Standards per
Section 24-6-20 of the Weld County Code, as follows:
1) Section 24-6-20.A.1 -- The property to be divided by the proposed Rural Land Division shall be
comprised of legal lots.
The proposed Rural Land Division Final Plan is located on a metes and bounds described property
of approximately forty-one (41) acres in size, being larger than the minimum lot size in county of
thirty-five (35) acres and meets the intent of the definition of Legal Lot in Section 24-1-40 "Any lot
created after December 28, 2000, in compliance with the Chapter 24 of the Weld County Code and
in conformance with the bulk requirements and other regulations of the zone district where the lot
is located."
2) Section 24-6-20.A.2 -- Lots within a Rural Land Division shall be served by a public water supply
system.
The applicant submitted a "water main extension contract" and a "tap fee agreement" dated April
8, 2022, with the application materials. This agreement is between CMH Homes Inc and Central
Weld County Water District (CWCWD) for the four (4) lots of this Final Plan (RLDF22-0002).
Proposed lot four (4) is currently serviced by an existing domestic well (217001). The existing
residence will utilize the well for outside use and will use the CWCWD tap for inside use. Per the
referral comments received from the Colorado Division of Water Resources, dated June 29, 2022,
re -permitting of the existing well is not required. This water agreement has been reviewed and
approved by the Weld County Attorney's Office.
3) Section 24-6-20.A.3 -- Lots within a Rural Land Division shall be served by an on -site wastewater
treatment system (OWTS) or public sewer.
The residence that is located on proposed Lot four (4) currently has an on -site wastewater
treatment system (OWTS: SP -9900380), per the application materials and the Department of
Public Health and Environment referral dated January 18, 2022. The proposed new residential
lots will be served by future on -site wastewater treatment systems (OWTS).
4) Section 24-6-20.A.4 -- The Rural Land Division shall only be approved on property located in the
A (Agricultural) Zone District.
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The proposed Rural Land Division will be located on property zoned A (Agricultural).
5) Section 24-6-20.A.5 -- Any proposed Rural Land Division must be separated by a minimum of
1,320 feet or one -quarter (%) mile, in any direction, as measured from the exterior property line of
any existing, platted Rural Land Division or Minor Subdivision.
The nearest platted subdivision is Beebe Draw Farms Equestrian Center and is located
approximately 1.45 miles southeast of this proposed Rural Land Division.
6) Section 24-6-20.A.6 -- Section 24-6-20.A.1 -- The maximum parcel size on which a Rural Land
Division is proposed shall not be greater than forty-five (45) acres.
The subject lot the proposed Rural Land Division is a total of 41.34 acres in size.
7) Section 24-6-20.A. 7 -- If the proposed Rural Land Division will be located on the largest lot of a
Recorded Exemption, the following applies:
a. 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.
b. The excepted parcel of land that will contain the Rural Land Division, shall be a maximum of
forty-five (45) acres.
c. The remaining acreage of the large Recorded Exemption lot shall not be less than one
hundred and twenty (120) acres.
d. The Lot Line Adjustment standard per Section 24-10-20.A.4 of Weld County Code, as
amended, does not apply to a Lot Line Adjustment processed in conjunction with a Rural Land
Division.
e. The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded
concurrently.
f. If the Rural Land Division is not approved, the Lot Line Adjustment will be void.
The proposed Rural Land Division is not located on a Recorded Exemption lot.
8) Section 24-6-20.A.8 -- The maximum number of lots within the Rural Land Division shall be four
(4) lots.
The subject Rural Land Division is proposing the maximum four (4) lots.
9) Section 24-6-20.A.9 -- The minimum lot size in a Rural Land Division shall be three (3) acres net.
Three (3) of the four (4) proposed lots for the Rural Land Division are approximately five (5) acres
in size, with one (1) lot proposed to be approximately twenty-one (21) acres.
10) Section 24-6-20.A.10 -- Rural Land Divisions shall not be financed by a Title 32 Metropolitan
District.
This proposed Rural Land Division is not financed by a Title 32 Metropolitan District.
11) Section 24-6-20.A.11 -- A Homeowners Association is not required but may be voluntarily created
and managed by the residents within the Rural Land Division.
A Homeowners Association is not being proposed with this Rural Land Division per the application
materials.
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12) Section 24-6-20.A.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 proposed Rural Land Division will adhere to the easement standards per Chapter 24, Article
Ill of the Weld County Code. Therefore, a Utilities Coordinating Advisory Committee meeting is
not required.
13) Section 24-6-20.A.13 -- The Rural Land Division lots shall be accessed via a single internal
publicly dedicated right-of-way and shall be privately maintained, according to a road maintenance
agreement applicable to all present and future lot owners.
The subject Rural Land Division is proposing one internal publicly dedicated right-of-way. A
condition of approval has been added to ensure a road maintenance agreement is executed for
the benefit of the current and future lot owners of the Rural Land Division.
14) Section 24-6-20.A.14 -- No access easements are permitted within a Rural Land Division to serve
parcels within or not a part of the development.
No access easements are proposed in the Rural Land Division.
15) Section 24-6-20.A.15 -- The Rural Land Division roadway shall intersect with a publicly
maintained right-of-way.
The proposed Rural Land Division internal roadway will intersect with County Road 38. County
Road 38 is a publicly maintained right-of-way.
16) Section 24-6-20.A.16 -- The Rural Land Division internal roadway shall be perpendicular to the
publicly maintained right-of-way.
The proposed Rural Land Division internal roadway will be perpendicular to County Road 38 per
the application materials.
17) Section 24-6-20.A.17 -- The Rural Land Division shall not connect directly onto County arterial
roads or County, State, or Federal highways.
County Road 38 is a gravel road and is designated as a local roadway per the 2020 Weld County
Functional Classification Map.
18) 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.
A condition of approval has been added to ensure the applicant executes a recorded private
agreement for the maintenance of the Rural Land Division roadway. This agreement will benefit
the current and future landowners within the Rural Land Division.
19) Section 24-6-20.A.19 -- The internal access roadway shall meet all safety criteria as outlined in
Chapter 8 Article XIV of the Weld County Code.
Per the Department of Planning Services — Development Review referral dated July 21, 2022, the
applicant shall submit the construction drawings for the design of the internal road for the Rural
Land Division that includes the required right-of-way specified in Chapter 8 of the Code and an
emergency vehicle turn -around that meets the safety criteria as outlined in Chapter 8 of the Code.
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20) 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 protection or other emergency services.
Per the Department of Planning Services — Development Review referral dated July 21, 2022, the
applicant shall submit the construction drawings for the design of the internal road that includes
an emergency vehicle turn -around that meets the safety criteria as outlined in Chapter 8 of the
Code. The LaSalle Fire Department did not return a referral. Planning staff recommends the
applicant contact the LaSalle Fire Department to ensure the fire district does not have any
concerns with the proposal.
21) Section 24-6-20.A.21 -- The Rural Land Division shall be designed to preserve prime agricultural
land.
The proposed Rural Land Division will not remove any prime agricultural land out of production.
The current parent parcel is eighty (80) acres in size. This parcel is in process of being split via
deed. Therefore forty-one (41) acres will be used for the RLDF, and the other thirty-nine (39) acres
will remain separate for farmland and grazing.
22) Section 24-6-20.A.22 -- The Rural Land Division shall be designed to preserve wetlands, wildlife
habitats, historical sites or burial grounds.
The proposed Rural Land Division will not negatively impact wetlands, wildlife habitats, historical
sites or burial grounds.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE RURAL LAND DIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the Rural Land Division Final Plat:
A. The applicant shall acknowledge the advisory comments provided by the Oil and Gas Energy
Department, as stated in the referral response dated September 16, 2022. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall satisfy the concerns of Weld County School District RE -1, as stated in the
referral response dated September 28, 2021, per Section 24-8-40.K.1 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. 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 LaSalle 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 Rural Land Division lots. There shall be no duplication of
road names within the area. (Department of Planning Services)
D. The applicant shall create and record a private Roadway Maintenance Agreement between the
landowners within the Rural Land Division for the maintenance of the Rural Land Division
roadway. Written evidence of such shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
E. An Improvements and Road Maintenance Agreement is required for on -site improvements at this
location for an internal roadway. Off -site roadway improvements may be required as a part of the
agreement. Road maintenance includes, but is not limited to, dust control and damage repair. The
Agreement shall include provisions addressing engineering requirements, submission of
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collateral, and testing and approval of completed improvements. (Development Review)
F. Construction drawings for the design of the internal road that includes the required right-of-way
specified in and all the design standards included in Chapter 8 of the Code and an emergency
vehicle turn -around that meets the safety criteria as outlined in Chapter 8 of the Code shall be
submitted. (Development Review)
2. The Rural Land Division Plat shall delineate the following:
A. All pages shall be labeled: RLDF22-0002. (Department of Planning Services)
B. The plat shall be prepared per Section 24-6-70. of the Weld County Code. (Department of
Planning Services)
C. The plat shall contain the certification blocks per Appendix 24-B of the Weld County Code.
(Department of Planning Services)
D. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number. (Department of Planning Services)
E. Show and label the internal Rural Land Division roadway with the approved road name, width,
radii, surface type, etc. A stop sign and road name sign shall be shown at the proposed
intersection. (Department of Planning Services)
F. 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)
G. Utility and Drainage easements shall be delineated on the plat per Section 24-3-60 of the Weld
County Code. (Department of Planning Services)
H. County Road 38 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)
I. County Road 37 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld
County. Any unmaintained road needs to be located/identified in relationship to the right-of-way.
Show and label the section line Right -of -Way as "CR 37 Section Line Right-of-way, not County
maintained." (Development Review)
J. Show and label the internal roadway and the publicly dedicated right-of-way used to access the
Lots 1, 2, 3, and 4 from the maintained County Road 38, from the lots to and including the
maintained County Road access point. All setbacks shall be measured from the edge of right-of-
way. This road will not be maintained by Weld County. Show and label the right-of-way as "Platted
Right-of-way, not County maintained." (Development Review)
K. Show and label the approved access point and the usage type (Development Access). The access
location will be reviewed as a part of the plat submittal. The existing access point onto CR 38 shall
be closed and reclaimed such that Lot 4's only access onto CR 38 is via the internal road
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(Development Review)
3. The following notes shall be delineated on the Rural Land Division Final Plat:
1) A Site -Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for the
creation of four (4) Lots in the A (Agricultural) Zone District. (Department of Planning Services)
2) All existing and future uses for in the Rural Land Division are subject to A (Agricultural) Zoning
requirements as shown in Chapter 23, Article III, Division 1 of the Weld County Code, as
amended. (Department of Planning Services)
3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld
County Code, as amended. (Department of Planning Services)
4) Installation of utilities and requirements of the service providers shall comply with Section 24-3-
60 and Section 24-3-180 of the Weld County Code. Property owners shall not construct any
improvements within identified easements. (Department of Planning Services)
5) A Homeowners Association is not required but may be voluntarily created and managed by the
residents within the Rural Land Division. (Department of Planning Services)
6) The Rural Land Division roadway shall be designed, constructed and maintained by private
recorded agreement between the landowners within the Rural Land Division. (Department of
Planning Services)
7) Stop signs and street name signs will be required at all intersections. (Department of Planning
Services)
8) Water service may be obtained from Central Weld County Water District. (Department of Public
Health and Environment)
9) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal
may be by on -site wastewater treatment systems (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
10) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed. (Department of Public Health and Environment)
11) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
12) Weld County will not replace overlapping easements located within existing right-of-way or pay
to relocate existing utilities within the existing County right-of-way. (Development Review)
13) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
14) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
15) The Property Owner shall comply with all requirements provided in the executed Improvements
Road Maintenance Agreement with Up -Front On -Site Improvements. (Development Review)
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16) The Improvements Road Maintenance Agreement with Up -Front On -Site Improvements for this
site may be reviewed on an annual basis, including a site visit and possible updates.
(Development Review)
17) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs. (Department of Planning Services)
19) Failure to Comply - The property owner shall comply with the recorded plat notes and lot
configuration. Noncompliance may result in withholding Weld County permits. (Department of
Planning Services)
20) The Resubdivision process shall be followed when proposing changes to a recorded Rural Land
Division plat as described in Article VI of Chapter 24 of the Weld County Code, as amended.
(Department of Planning Services)
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the
populous counties of the state face a critical shortage of such deposits; and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and
cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country
in total market value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into a rural area
must recognize and accept there are drawbacks, including conflicts with long-standing
agricultural practices and a lower level of services than in town. Along with the drawbacks
come the incentives which attract urban dwellers to relocate to rural areas: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of
life. Without neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long -established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run
agricultural activities will generate off -site impacts, including noise from tractors and equipment;
slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel
roads; odor from animal confinement, silage and manure; smoke from ditch burning; f lies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County. Section 35- 3.5-102, C.R.S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
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methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and f ire. Fire protection is
usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
4. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1)
electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within one -hundred -eighty (180) days
from the date of the Board of County Commissioners resolution. The applicant shall be responsible
for paying the recording fee.
5. Failure to Record. If the Rural Land Division plat has not been recorded within one hundred eighty
(180) days from the date of approval by the Board of County Commissioners, or if an applicant is
unable to meet any of the conditions within one hundred eighty (180) days of approval, the Director
of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause
shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the
conditions of approval or the extension expires, the application will be forwarded to the Board of
County Commissioners for reconsideration. The entire application may be considered for denial by
the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider
upholding, modifying or removing the contested conditions of approval.
6. Failure to Construct. If no construction has begun in the Rural Land Division within three (3) years of
the date of the approval of the Rural Land Division Final Plan, the Department of Planning Services
may require the property owner to appear before the Board of County Commissioners and present
evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to continue the Rural Land Division. The Board of County Commissioners
may extend the date for initiation of the Rural Land Division construction and shall periodically require
the applicant to demonstrate that the Rural Land Division has not been abandoned. If the Board of
County Commissioners determines that conditions supporting the original approval of the Rural Land
Division Final Plat have changed or that the property owner cannot implement the Rural Land Division
Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Rural Land
RLD F22-0002
Page 10 of 12
Division Final Plat and order the recorded Rural Land Division vacated.
7. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land
has been approved and recorded per Section 30-28-110(4), C.R.S.
8. In accordance with Appendix 5-J of the Weld County Code, should the Rural Land Division Final Plat
not be recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period.
9. No subdivision development shall commence until a Rural Land Division Final Plan application is
approved and a Rural Land Division Final Plat is recorded in the Weld County Clerk and Recorder's
Office and the improvements be constructed per the terms of the Improvements Agreement.
10. Following recordation of the Rural Land Division Final Plat, the property owners shall create and
record deeds for all the newly created lots; deeds shall include the legal description of each lot and
the reception of the Rural Land Division Final Plat. New deeds are required even if lots will remain
under the same ownership. Failure to do so may create issues with the proper assessment of the lots
by the Weld County Assessor's Office and may create a clouded chain of title.
RLD F22-0002
Page 11 of 12
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
September 9, 2022
Johnson Tracy
3455 W. Service Road
Evans, CO 80620
Subject: RLDF22-0002 - Rural Land Division for four (4) lots with Agricultural Zone District Uses
On parcel(s) of land described as:
E2SE4 Section 36, T4N. R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 04, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 26, 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,
Maxwell Nader
Planner
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