HomeMy WebLinkAbout20220765.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONE
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
M I N F21-0001
GEORGE ZADEL
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN FOR 5 LOTS WITH E (ESTATE) ZONING.
LOT B REC EXEMPT RE -1359; BEING PART SW4SW4 SECTION 34, T4N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 19; NORTH OF AND ADJACENT TO CR 38.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the Minor Subdivision Final Plan application requirements
per Section 24-5-60 of the Weld County Code.
2. The submitted materials are in compliance with Minor Subdivision Final Plan review criteria. The criteria
for recommendation are located in Section 24-5-70.A.5 of the Weld County Code including referral
agency and surrounding property owner comments and compliance with the regulations contained in the
Weld County Code, being the Minor Subdivision Overview and Standards per Section 24-5-10 and
Section 24-5-20 of the Weld County Code.
3. The submitted materials are in compliance with Minor Subdivision Final Plan Overview per Section 24-5-
10 (lettered A thru H) of the Weld County Code, as follows:
A. The Minor Subdivision process is for subdivisions proposing a maximum of nine (9) lots, excluding
agricultural outlots. The Minor Subdivision is subject to a two- or three -step review and approval
process. The Minor Subdivision process includes the Minor Subdivision Sketch Plan and Minor
Subdivision Final Plan applications described in Article V of Chapter 24.
The proposed Minor Subdivision involves the creation of five (5) residential lots. This Minor
Subdivision application followed the standard three -step application process.
B. The Minor Subdivision process may include a Change of Zone application as described in Chapter
23, Article II, Division 1 and Section 24-5-50 of the Weld County Code, as amended and shall be
processed after the Minor Subdivision Sketch Plan application and before or concurrent with the Final
Plan application.
Change of Zone, COZ21-0008, being a rezone from the A (Agricultural) Zone District to the E
(Estate) Zone District is being processed concurrently with this Minor Subdivision Final Plan
application. The Change of Zone Plat must be recorded prior to the Minor Subdivision Final Plat.
C. A Minor Subdivision may only be permitted under a single Final Plan application. No individual
phasing or filings are allowed.
This Minor Subdivision will be completed with a single Final Plan application.
D. Lots which are part of a Historic Townsite or any recorded Planned Unit Development or major or
minor Subdivision. shall not be divided further by a Minor Subdivision.
The land to be divided by the subject Minor Subdivision is not part of a Historic Townsite or part of a
recorded Planned Unit Development or subdivision.
E. A Minor Subdivision may be considered an Urban Scale Development or Non -Urban Scale
Development as defined in Section 24-1-40 of the Weld County Code, as amended.
This Minor Subdivision is considered a Non -Urban Scale Development. This development
classification is only permitted outside of one (1) mile of a municipal sewer line and requires a public
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 2
water source and public sewer or onsite wastewater treatment systems This development meets
these requirements
F The Resubdivision requirements shall be followed when proposing modifications to a recorded Minor
Subdivision Final Plat as descnbed in Article IX of Chapter 24 of the Weld County Code, as
amended Additional lots may be created by the Resubdivision process within an existing Minor
Subdivision, so long as the overall number of total lots in the existing Minor Subdivision does not
exceed nine (9) buildable lots
If requested by the applicant in the future, the Resubdivision process will be utilized to amend this
subject Minor Subdivision Given this Minor Subdivision requests five (5) lots, there is the potential to
amend the Final Plat to include up to four (4) additional lots
G The Minor Subdivision shall adhere to Chapters 22 and 23 of the Weld County Code and the
Subdivision General Provisions, Conformance Standards and Subdivision Design Standards per
Chapter 24, Articles I, II and Ill of the Weld County Code, as amended
This Minor Subdivision application complies with Chapter 22 [Comprehensive Plan], Chapter 23
[Zoning Ordinance] and Chapter 24 [Subdivision Ordinance], all of the Weld County Code
Compliance with the above Chapters were demonstrated in the Minor Subdivision Sketch Plan
(MINK20-0002) and Change of Zone (COZ21-0008) staff reports
H The Minor Subdivision process shall not be used to circumvent the Planned Unit Development
process by locating more than one (1) Minor Subdivision adjacent to one another
There are no other existing or pending Minor Subdivisions adjacent to this proposed application
4 The submitted materials are in compliance with Minor Subdivision Final Plan Standards per Section 24-5-
20 (numbered 1 thru 22) of the Weld County Code, as follows
A The property to be divided by the proposed Minor Subdivision shall be compnsed of legal lots
The property is a single legal lot, being Lot B of Recorded Exemption RE -1359, recorded February
12, 1992, reception # 2277950
B Lots within a Minor Subdivision shall be served by a public water supply system
Potable water will be provided from the Little Thompson Water District (LTWD) The existing
residence on Lot 1, is served by Little Thompson Water District, tap #3564 The Minor Subdivision
Final Plan application materials included a water service commitment letter from the Little Thompson
Water District (LTWD), dated August 20, 2020 The LTWD letter expires on August 20, 2022, if the
taps have not been purchased, paid for and installed by that date The LTWD did not issue new
comments in the referral response, dated December 27, 2021
Additionally, the Colorado Division of Water Resources referral, dated October 27, 2020 as submitted
for the Sketch Plan application, gave the opinion that water supply from the LWTD is adequate for the
development
C Lots within a Minor Subdivision shall be served by an on -site wastewater treatment system (OWTS) i
or public sewer
Sewer Service will be provided by on -site wastewater treatment systems (OWTS) The existing
residence on Lot 1, is served by a septic system, permit #G19860121 The Sketch Plan application
materials included a Geologic Report, prepared by Soilogic Inc , dated and revised October20, 2020
This report contained considerations for future on -site wastewater treatment systems (OWTS) and
their installation given the sandy loam soil quality of the property
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 3
D The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the Weld
County Code, as amended, excluding the A (Agricultural) Zone District
The Minor Subdivision will be located in the E (Estate) Zone District
E Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one -quarter (%)
mile, in any direction, as measured from the exterior property line of any existing, platted Minor
Subdivision or Rural Land Division
The nearest platted Minor Subdivision is approximately 1 7 miles southeast of the Zadel property,
which is located in the Town of Milliken municipal limits The nearest unincorporated platted Minor
Subdivision is approximately 2 85 miles northwest of the Zadel property The location of this Minor
Subdivision is compliant with this separation requirement
F The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone district
requirements per Chapter 23, Article Ill of the Weld County Code, as amended
The minimum lot size in the E (Estate) Zone District is two and one half (2 5) acres and the maximum
lot size is twenty (20) acres, per Section 23-3-440 A and B of the Weld County Code All the
proposed five (5) lots meet these bulk requirements The minimum lot size is 3 6 acres, the maximum
is 6 6 acres
G If the average lot area exceeds three (3) acres in size in an Estate zoned Minor Subdivision, no
common open space, or recreational elements are required
The average lot size is 4 75 acres Therefore, no common open space or recreational elements are
part of this request
H The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots, excluding
outlots
The proposed Minor Subdivision involves the creation of five (5) residential lots, which is less than
nine (9) lots No outlots are proposed
I A Homeowners Association is required and shall be managed by the property owners within the
Minor Subdivision
A Homeowners Association shall be required Conditions of approval and Plat Notes shall ensure this
standard A Declaration of Covenants, Conditions, and Restrictions shall be recorded, following
recordation of the Minor Subdivision Final Plat
J Drainage and utility easements within Minor Subdivision shall follow the easement standards per
Chapter 24, Article Ill of the Weld County Code, as amended
Section 24-5-70 A 4 of the Weld County Code, being the Minor Subdivision Final Plan procedure
section, states "The Department of Planning Services shall schedule the Minor Subdivision Final
Plan utility design on the first available Utilities Coordinating Advisory Committee meeting prior to the
Board of County Commissioners hearing The Utilities Coordinating Advisory Committee shall review
the Final Plan for compliance with Section 24-3-60 of the Weld County Code, as amended "
At the Utilities Coordinating Advisory Committee Hearing, held on January 27, 2022, Planning staff
recommended that specified easements be dedicated on the Minor Subdivision Final Plat Utility
Board approved the recommended default Easement Standards per Section 24-3-60 of the Weld
County Code
K The Minor Subdivision lots shall be accessed via a pnvately maintained road located in a single
internal publicly dedicated right-of-way
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 4
The proposed Minor Subdivision lots will access onto a privately maintained road, located in a single
internal publicly dedicated right-of-way
L All lots within a Minor Subdivision shall connect directly onto an internal public road No Minor
Subdivision shall contain any access easement except
a Preexisting access easements for nonresidential purposes for example ditch roads, oil and gas
facility access roads, et cetera
b Access easements solely for the use of emergency services
c Easements to provide lot owners with access to common elements located within the Minor
Subdivision
Above subsection L a is applicable, which corresponds to Section 24-5-20 Al 2 a of the Weld County
Code A pre-existing access road located on the eastern property boundary, extending north into the
property from County Road 38 will remain This access shall not be used to provide residential
access to the Minor Subdivision This access is covered in the existing Kerr McGee Rocky Mountain,
LLC Easement, Right-of-way and Surface Use Agreement, recorded February 21, 2006, reception #
3364440
M The Minor Subdivision roadway shall intersect with a publicly maintained roadway
The Minor Subdivision roadway intersects with County Road 38, which is a publicly maintained road
N The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained roadway
The Minor Subdivision internal roadway is perpendicular to County Road 38
O The Minor Subdivision internal roadway shall not access directly onto County artenal roads or
County, State, or Federal highways
The Minor Subdivision internal roadway accesses onto County Road 38, identified as a collector
roadway per the 2020 Weld County Functional Classification Map
P The Minor Subdivision roadway shall be maintained by the Homeowners Association
The Minor Subdivision roadway will be maintained by the Homeowners Associations Prior to
approval of the Declaration of Covenants, Conditions, and Restrictions, the Weld County Attorney's
Office will ensure the maintenance of the internal road is addressed via a condition of approval
Q The Minor Subdivision roadway shall be paved if connecting to a paved publicly maintained roadway
The Minor Subdivision roadway may be gravel if connecting to a gravel publicly maintained roadway
The Minor Subdivision roadway connects to a paved publicly maintained roadway Therefore, the
Minor Subdivision roadway shall be paved
R All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as
amended
Weld County Department of Planning Services - Development Review staff will ensure that accesses
are in accordance with Chapter 8, Article XIV of the Weld County Code
S An Improvements/Road Maintenance Agreement may be required
An Improvements Agreement is required as a condition of approval of this request
T The Minor Subdivision shall reasonably accommodate the requirements of fire distncts, police
authonties and other emergency services
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 5
Emergency responders and the school district were sent referrals throughout this Minor Subdivision
process The Platteville-Gilcrest Fire Protection District, referral dated December 14, 2021, did not
provide any comments The Weld County Sheriffs Office responded with no concerns in their referral
dated November 1, 2021, as part of the Change of Zone referral notice The Weld County Office of
Emergency Management did not respond, as part of the Change of Zone referral notice These
agencies were also notified during the Minor Subdivision Sketch Plan application and did not submit
any comments at that time
U The Minor Subdivision shall' be designed to preserve pnme agncultural land
The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated August23,
2018, as submitted in the application materials, describes the property containing primarily well
drained and low/moderate-slope sandy loam soils These soils are classified as "Prime farmland if
irrigated" and "Farmland of local importance", however, the property is not irrigated and is not utilized
for farming activities Additionally, the Soilogic Geologic Report did not describe any moderate or
severe soil limitations that would preclude residential development, which is characteristic in the E
(Estate) Zone District
The subject parcel is not located within a soil conservation district The Weld County Extension Office
did not respond No comments on the soil's suitability for development were received from any other
referral agency
V The Minor Subdivision shall be designed to preserve wetlands, wildlife habitats, histoncal sites and
burial grounds
The proposed subdivision will not have an undue or adverse impact on wildlife No known historical
site or burial grounds are on the property The Colorado Parks and Wildlife referral, dated December
6, 2021, did not include any comments The United States Army Corps of Engineers did not respond
5 The submitted materials are in compliance with other Minor Subdivision Final Plan review considerations
A Municipalities - The subject site is located within the Johnstown, Milliken and Platteville Coordinated
Planning Agreement (CPA) boundaries The municipalities all returned signed Notice of Inquiry forms
which collectively stated no concerns and no annexation interest, respectively dated May 11, April 29
and May 13, 2021 For reference, the Town of Milliken corporate limits are closest to this site, being
approximately 0 6 miles northeast
These three municipalities were sent a referral notice during the Minor Subdivision Final Plan
application Platteville returned a referral, dated December 8, 2021, and expressed no concerns
Johnstown and Milliken did not respond For reference, these Towns were also notified of the
previous Sketch Plan application (MINK20-0002) and the Change of Zone application (COZ21-0008)
No comments or concerns have been received for this case under those separate applications
B Surroundings Property Owners - The Department of Planning Services sent notice to eleven (11)
surrounding property owners within 500 -feet of the subject parcel No responses have been received
back If any responses are received prior to the public hearings, they will be included as exhibits for
the case
C Surrounding Land Uses - The surrounding lands are a mix of agricultural farmland, rural residential,
on -going oil and gas operations, public utility infrastructure facilities and natural areas, including the
Saint Vrain Creek The surrounding lands are zoned A (Agricultural) The next closest,
unincorporated, non -agriculturally zoned properties are approximately 0 75 miles south of the site,
located east of and adjacent to County Road 19'/ and are zoned 1-3 (Heavy Industrial), being the
Fort Saint Vrain Generating Station There are several Use by Special Review permits in the
immediate area including USR-1183 (gas line) to the east, USR18-0124 (wedding and event venue)
to the east, USR-823 (230kV transmission line) to the east, USR-1063 (power plant) to the south and
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 6
east, USR-1647 (power generation facility) to the south, and USR-1735 (custom metal working
studio) to the northwest
None of the existing surrounding land uses, including the aforementioned USR permits, appear to be 1
incompatible with the Minor Subdivision, as the distance between such uses provides significant
buffering
D Overlay Districts - The proposed Minor Subdivision is not located within the Airport Overlay District, l-
25 Overlay District, Historic Townsite Overlay District, Agricultural Heritage Overlay District,
Geological Hazard Overlay District, MS4 area or within a Special Flood Hazard Area Therefore, no
additional compliance with Overlay Districts must be demonstrated The Weld County Department of
Planning Services — Floodplain referral, dated December 6, 2021, did not include any comments The
Colorado Geological Survey referral, dated December 16, 2021, did not include any requirements
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE MINOR SUBDIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the Minor Subdivision Final Plat
A The COZ21-0008 plat shall be recorded (Department of Planning Services)
B The applicant shall satisfy the requirements of Weld County School District RE -1, as stated in the
referral response dated December 6, 2021, as required per Section 24-3-170 of the Weld County
Code Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
C All existing structures shall comply with setback and offset requirements per Section 23-3-440 of the
Weld County Code Refer to the Improvement Survey Plat, recorded August 18, 2018, reception #
4424628 If any structures do not comply with these requirements, a Non -conforming Structure or
Board of Adjustment application shall be submitted to the Weld County Department of Planning
Services, as applicable (Department of Planning Services)
D The applicant shall submit the name of the street of the proposed development along with the street
addresses for review to the Weld County Sheriffs Office, Department of Planning Services -
Addressing, United States Postal Services and Platteville-Gilcrest Fire Protection District Evidence of
each agency's approval shall be submitted in writing to the Department of Planning Services This
road name will be used in addressing of the Minor Subdivision lots There shall be no duplication of
road names within the area (Department of Planning Services)
E The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions (CCR) of
the required Homeowners Association, for review and approval by the Weld County Attorney's Office
and Department of Planning Services The finalized Declaration of CCRs and Articles of
Incorporation shall be submitted to the Weld County Department of Planning Services for recordation
with the appropriate recording fee The CCRs shall incorporate any changes required by the Weld
County Attorney's Office and Department of Planning Services (Department of Planning Services)
F The applicant shall submit Certificates from the Secretary of State demonstrating that "The
Homeowners Association" has been formed and registered with the State (Department of Planning
Services)
G An Improvements Agreement is required for on -site improvements associated with this project Off -
site roadway improvements may be required as a part of the Agreement (Development Review)
2 The Minor Subdivision Final Plat shall delineate the following
RESOLUTION MINF21-0001
_ GEORGE ZADEL
PAGE 7
A All sheets of the plat shall be labeled Zadel Minor Subdivision Final Plat No MINF21-0001
(Department of Planning Services)
B The plat shall be prepared in accordance with Section 24-5-80 of the Weld County Code
(Department of Planning Services)
C The plat shall include the acreage and dimensions of each lot (Department of Planning Services)
D Show and label all existing fencing and any conflicting boundary evidence (Department of Planning
Services)
E Show and label the Minor Subdivision internal publicly dedicated road right-of-way Within the
dedicated right-of-way, the internal roadway will be located (Department of Planning Services)
F Show and label the internal Minor Subdivision road with the approved road name, width, radii,
surface type, etc A stop sign and road name sign shall be shown at the proposed intersection
(Department of Planning Services)
G Each lot shall have a minimum frontage width onto a public roadway of thirty (30) feet per Section 24-
3-50 H of the Weld County Code (Department of Planning Services)
H Show and label the sight distance triangle on the plat (Department of Planning Services)
I Show and label the requisite easements as stipulated by the Utility Coordinating Advisory Committee
hearing on January 27, 2022, and as sourced from the default Easement Standards per Section 24-
3-60 Utilities shall be installed underground within these easements according to Section 24-3-180 of
the Weld County Code, standard exceptions apply (Department of Planning Services)
J All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
K Show and label the existing oil and gas infrastructure on site Setback radiuses for existing oil and
gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-
70 E of the Weld County Code Reference the recorded Easement, Right-of-way and Surface Use
Agreement and access roads related thereto (Department of Planning Services)
L County Road 19 is a paved road and is designated on the Weld County Functional Classification Map
as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate
on the site plan the existing right-of-way All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Development Review)
M County Road 38 is a paved road and is designated on the Weld County Functional Classification Map_
as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate_
on the site plan the existing right-of-way All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Development Review) -
N Show and label the approved access locations for the proposed development access and for the
existing oil and gas access onto County Road 38 Show and label each access width and the
appropriate turning radii (65') Label the existing residential access as "Close and Reclaim " Show the
driveway access onto the internal road for each lot The applicant must obtain access permits in the
approved locations prior to construction (Development Review)
O Show and label the easement used by the oil and gas facility to access County Road 38 via the
existing access road (Development Review)
P The applicant shall show the drainage flow arrows (Development Review)
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 8
3 The following notes shall be delineated on the Minor Subdivision Final Plat
1) A Site Specific Development Plan and Minor Subdivision Final Plan, MINF21-0001, for 5 residential
lots Department of Planning Services)
2) Allowed uses in the Resubdivision consist of E (Estate) Zone District listed in Chapter 23, Article III,
Division 5 of the Weld County Code, as amended (Department of Planning Services)
3) Any future structures or uses on site may be required to obtain approval through the appropriate
zoning and building permits (Department of Planning Services)
4) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County
Code, as amended (Department of Planning Services)
5) Installation of utilities and requirements of the service providers shall comply with Section 24-3-60
and Section 24-3-180 of the Weld County Code Any property owner shall not construct any
improvements within identified easements (Department of Planning Services)
6) A Homeowners Association shall be established prior to the sale of any lot Membership in the
Association is mandatory for each lot owner The Association is responsible for liability insurance,
taxes and maintenance of streets, private utilities and the enforcement of covenants (Department
of Planning Services)
7) Stop signs and street name signs will be required at all intersections (Department of Planning
Services)
8) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
9) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Development Review)
11) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
12) Water service may be obtained from Little Thompson Water District (Department of Public Health
and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be
by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of
the Colorado Department of Public Health and Environment, Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair, replacement, or modification of the
system (Department of Public Health and Environment)
14) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the
component to function as designed (Department of Public Health and Environment)
15) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created If dust emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a fugitive dust control plan must be submitted (Department
of Public Health and Environment)
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 9
16) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and apply for a permit from
the Colorado Department of Public Health and Environment (Department of Public Health and
Environment)
17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
18) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations
(Department of Planning Services)
19) Failure to Comply - The property owner shall comply with the recorded plat notes and lot
configuration Noncompliance may result in withholding Weld County permits (Department of
Planning Services)
20) The Resubdivision process shall be followed when proposing changes to a recorded Minor
Subdivision Final Plat
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
State's commercial mineral deposits are essential to the State's economy, (b) the populous
counties of the state face a critical shortage of such deposits, and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
4 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff The plat shall be prepared in accordance with the
requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat and additional
requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of
County Commissioners resolution The applicant shall be responsible for paying the recording fee
5 Failure to Record - If the Minor Subdivision final plat has not been recorded within one hundred eighty
(180) days from the date of approval by the Board of County Commissioners, or if an applicant is unable
to meet any of the conditions within one hundred eighty (180) days of approval, the Director of Planning
Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a
written request by the applicant If the applicant is unwilling to meet any of the conditions of approval or
the extension expires, the application will be forwarded to the Board of County Commissioners for
reconsideration The entire application may be considered for denial by the Board of County
Commissioners Alternatively, the Board of County Commissioners may consider upholding, modifying or
removing the contested conditions of approval
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 10
6 Failure to Construct - If no construction has begun in the Minor Subdivision within three (3) years of the
date of the approval of the Minor Subdivision Final Plan by the Board of County Commissioners, the
Department of Planning Services may require the property owner to appear before the Board of County
Commissioners and present evidence substantiating that the Final Plan has not been abandoned and that
the applicant possesses the willingness and ability to continue the Minor Subdivision The Board of
County Commissioners may extend the date for initiation of the Minor Subdivision construction and shall
periodically require the applicant to demonstrate that the Minor Subdivision has not been abandoned If
the Board of County Commissioners determines that conditions supporting the original approval of the
Minor Subdivision Final Plat have changed or that the property owner cannot implement the Minor
Subdivision Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Minor
Subdivision Final Plat and order the recorded Minor Subdivision to be vacated
7 The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider
from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has
been approved and recorded per Section 30-28-110(4), C R S
8 In accordance with Appendix 5-J of the Weld County Code, should the Minor Subdivision Final Plat not be
recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month period
9 No subdivision development shall commence until a Minor Subdivision Final Plan application is approved
and a Minor Subdivision Final Plat is recorded in the Weld County Clerk and Recorder's Office and the
improvements be constructed per the terms of the Improvements Agreement
10 Following recordation of the Minor Subdivision Final Plat, the property owners shall create and record
deeds for all the newly created lots, deeds shall include the legal description of each lot and the reception
of the Minor Subdivision Final Plat New deeds are required even if lots will remain under the same
ownership Failure to do so may create issues with the proper assessment of the lots by the Weld County
Assessor's Office and may create a clouded chain of title
11 Prior to Construction
A The requirements detailed in the Little Thompson Water District water service commitment letter,
dated August 20, 2020, shall be completed Should the requirements of the letter not be completed
within two (2) years from the date of the letter, a new letter shall be obtained Evidence of water rights
and purchased and installed Little Thompson Water District water taps shall be provided to the Weld
County Department of Planning Services (Department of Planning Services)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
C Obtain access permits for the two proposed access locations onto County Road 38 (Development
Review)
D An approved access permit is required prior to addressing the Minor Subdivision The existing
residence on Lot 1 will need a new address as that lot will now have access from the internal
subdivision road (Department of Planning Services — Building and Addressing)
E Road construction plans shall be submitted to the Department of Planning Services — Development
Review, as stipulated in the Improvements Agreement Refer to Section 24-3-20 of the Weld County
Code (Department of Planning Services)
RESOLUTION MINF21-0001
GEORGE ZADEL
PAGE 11
Motion seconded by Sam Gluck
VOTE
For Passaae
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Against Passage Absent
Tom Cope
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 1, 2022
Dated the 1St of March, 2022
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 1, 2022
• • e fa
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Tom Cope.
Also Present: Michael Hall and Angela Snyder, Department of Planning Services; Melissa King,
Development Review, Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
CASE NUMBER: MINF21-0001
APPLICANT: GEORGE ZADEL
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN FOR 5 LOTS WITH E (ESTATE) ZONING.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -1359; BEING PART SW4SW4 SECTION 34. T4N,
R67W OF THE 6TH P.M ; WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 19; NORTH OF AND ADJACENT TO CR 38.
Michael Hall, Planning Services, presented Case MINF21-0001, reading the recommendation and
comments into the record. Mr. Hall noted that no responses were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Andrew Baker, Baseline Engineering, 112 N Rubey Drive, Golden, Colorado, stated that Staff provided a
great presentation and is available for any questions.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case MINF21-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck,
Skip Holland.
Meeting adjourned at 1:32 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
ATTENDANCE RECORD
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