HomeMy WebLinkAbout20220188.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
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: RLDF21-0002
APPLICANT: RICHARD AND PATRICIA STAHL
PLANNER: CHRIS GATHMAN
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.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1 748; BEING PART SW4 SECTION 26, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 33; NORTH OF AND ADJACENT TO CR 40.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. It is the opinion
of the Planning Commission
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. Section 24-6-10.B - Lots which are part of a Historic Townsite or any recorded Planned Unit
Development, major or minor Subdivision, Resubdivision or Recorded Exemption lots that do not
meet the criteria per Section 24-6-20.A.7 of the Weld County Code, as amended, shall not be
divided by a Rural Land Division.
B. 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 -1748).
C. Section 24-6-10.C -A Rural Land Division maybe 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.
D. Section 24-6-10.E - The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld
County Code and the Subdivision General Provisions, Conformance Standards and Subdivision
Design Standards per Chapter 24, Articles I, II and III of the Weld County Code, as amended.
The applicant intends to access onto County Road 33 and the accesses onto County Road 40
are proposed to be closed and reclaimed. This is intended to match the existing site conditions
(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.
E. 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 is located on a legal lot (Lot A of RE -1748).
F. Section 24-6-20.A.2 - Lots within a Rural Land Division shall be served by a public water supply
system.
The proposed Rural Land Division is served by the Central Weld County Water District.
G. Section 24-6-20.A.3 - Lots within a Rural Land Division shall be served by an on -site
wastewater treatment system (OWTS) or public sewer.
Both lots proposed under the Rural Land Division are served by on -site wastewater treatment
systems (septic systems).
H. Section 24-6-20.A.4 - The Rural Land Division shall only be approved on property located in the
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 2
A (Agricultural) Zone District
The property is zoned A (Agricultural)
I Section 24-6-20 A 5 - Any proposed Rural Land Division must be separated by a minimum of
1,320 feet or one -quarter ('/e) 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
J Section 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
K 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
1 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
2 The excepted parcel of land that will contain the Rural Land Division, shall be a
maximum offorty-five (45) acres
3 The remaining acreage of the large Recorded Exemption lot shall not be less than one
hundred and twenty (120) acres
4 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
5 The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded
concurrently
6 If the Rural Land Division is not approved, the Lot Line Adjustment will be void
This criterion does not apply to this Rural Land Division This Rural Land Division is to be
located on the smallest lot (Lot A of RE -1 748) not the largest lot of a Recorded Exemption 24-
6-20 A 8 - The maximum number of lots within the Rural Land Division shall be four (4) lots
Two (2) lots are proposed for this Rural Land Division
L Section 24-6-20 A 9 - The minimum lot size in a Rural Land Division shall be three (3) acres
net
Both Lots of the proposed Rural Land Division are a minimum of three (3) acres in size
M Section 24-6-20 A 10 - 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 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
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 3
No Homeowners Association with be associated with this Rural Land Division
O Section 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 Section 24-6-20 A 13 - The Rural Land Division lots shall be accessed via a single internal
publicly dedicated nght-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
Q Section 24-6-20 A 14 - No access easements are permitted within a Rural Land Division to
serveparcels 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 Section 24-6-20 A 15 - The Rural Land Division roadway shall intersect with a publicly
maintained right-of-way
The proposed Rural Land Division borders both County Road 33 and County Road 40 Both
County Road 33 and County Road 40 are county -maintained gravel roads
S Section 24-6-20 A 16 - The Rural Land Division internal roadway shall be perpendicular to the
publiclymaintained right-of-way
The internal access for the Rural Land Division is perpendicular to County Road 33
T Section 24-6-20 A 17 - The Rural Land Division shall not connect directly onto County arterial
roads or County, State, or Federal highways
The proposed Rural Land Division accesses onto a local gravel road (County Road 33)
U Section 24-6-20 A 18 - The Rural Land Division roadway shall be designed, constructed and
maintained by private recorded agreement between the landowners within the Rural Land
Division
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 4
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 Section 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 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
The Platteville-Gilcrest 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 Section 24-6-20 A 21 - The Rural Land Division shall be designed to preserve prime agricultural
land
The existing parcel is covered by existing improvements (two homes), is located outside of the
center pivot located to the north and east and is not being utilized for agricultural production
Y Section 24-6-20 A 22 - The Rural Land Division shall be designed to preserve wetlands, wildlife
habitats, historical sites or burial grounds
There are no wetlands, historical sites or burial grounds located on the property Colorado Parks
and Wildlife did not provide a referral response in response to this request
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
The Planning Commission recommendation for approval is conditional upon thefollowing
1 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)
2 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)
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 5
3 The applicant shall do one (1) of the following
A Submit evidence that the Agreement and Grant of Easement recorded 9/7/2012 under reception
#3871788 has been vacated
B Remove any reference to access in the Agreement and Grant of Easement recorded 9/7/2012
underreception #3871788
C 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)
4 The plat shall be amended to delineate the following
A All pages shall be labeled RLDF21-0002 (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 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)
E 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)
F 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)
G 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 "
H 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
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 6
I 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)
J 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 -1748 Lot
A of RE -1748 runs to the section line The RLDF21-0002 plat shall be revised/extended to the
west and south section lines of Section 26, T4N, R66W (Department of Planning Services)
K Utility and Drainage easements shall be delineated on the plat per the recommendation of the
Weld County Utility Advisory Committee
L The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording
1) 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)
2) 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)
3) 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)
4) 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)
5) 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)
6) Weld County will not replace overlapping easements located within existing right -of-way or
pay to relocate existing utilities within the existing County right-of-way (Development
Review)
7) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
8) If applicable, all access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use of
such easements No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements
(Development Review)
9) 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)
10) The Property Owner shall comply with all requirements provided in the executed
Improvements Road- Maintenance Agreement with Up -Front On -Site Improvements
(Development Review) -
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 7
11) 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)
12) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
13) Water service may be obtained from Central Weld -County Water District (Development
Review)
14) The parcels are currently not served by a municipal sanitary sewer system Sewage
disposal may be by on -site wastewater treatment systems (OWTS) designed in
accordance with the regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County Code in effect at the
time of construction, repair, replacement, or modification of the system (Development
Review)
15) Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed (Development Review)
16) 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
17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the state's commercial mineral deposits are essential to the state's economy, (b)
the populous counties of the state face a critical shortage of such deposits, and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person 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
18) 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
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 8
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 shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs 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 fire 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
Motion seconded by Sam Gluck
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
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
RESOLUTION RLDF21-0002
RICHARD AND PATRICIA STAHL
PAGE 9
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 January 4, 2022
D ted the 4th ooff January, 2022
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2022 RLDF a1-oa
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: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: RLDF21-0002
APPLICANT: RICHARD AND PATRICIA STAHL
PLANNER: CHRIS GATHMAN
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.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1748; BEING PART SW4 SECTION 26, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 33; NORTH OF AND ADJACENT TO CR 40.
Chris Gathman, Planning Services, presented Case RLDF21-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that the site is already developed with two homes on site.
He stated that there is an existing landscape and access easement on the southern end of Lot 2 that is not
part of the Rural Land Division. Mr. Gathman said that because it is an access easement it has to be
addressed, therefore, as a condition of approval they gave the applicants options of 1) vacating the
easement, 2) remove reference to access in the easement agreement dated September 7, 2012, or 3)
submit a lot line adjustment application to adjust the boundaries to incorporate it into the adjacent lot. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Commissioner Cope noticed that the septic system was designed by him in 2005 so he wished to recuse
himself from this case.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Melissa King, Development Review, reported on access locations and noted that two accesses along
County Road 40 are proposed to be closed. The access to this site will be on County Road 33, which is
approximately 230 feet north of the intersection of County Roads 33 and 40. The existing spacing of 230
feet does not meet the minimum access spacing criteria of 330 feet for local roads. Therefore, the applicant
has requested a variance for this access location. The variance request states that traffic along County
Road 33 will be reduced because County Road 33 near U.S. Highway 85 will be permanently closed. Upon
review of the variance request, it has been determined that approval for this request is supported by Staff,
contingent upon approval of the Rural Land Division by the Weld County Board of County Commissioners.
As part of the rural land standards, an internal road shall be constructed with publicly dedicated right-of-
way that is privately maintained. The Code requires and specifies 60 feet is the minimum right-of-way for
a local road. The applicant is requesting a 30 foot wide publicly dedicated right-of-way in lieu of 60 feet.
Upon review of the application and the case specifics that there are only two existing homes to be accessed
by this internal road, Staff is in support of this request. The Board of County Commissioners has the
authority to grant a lesser right-of-way per the Weld County Code. This reduced right-of-way request is
contingent upon the Board of County Commissioners approval.
Ms. King stated that as part of the Rural Land Division Standards, the internal roadway shall meet all county
codes safety criteria to include the local road typical cross section and an emergency vehicle turn around.
1
The applicant is requesting a variance to use an alternate cross section and a reduced emergency vehicle
turn around Upon review of the application and an email from the Platteville-Gilcrest Fire Protection District
stating that the District does not see any conflicts with their interests in this matter, the variance has been
determined to be acceptable, contingent upon the Board of County Commissioners allowing the reduced
right-of-way and the approval of this Rural Land Use application
Patricia Stahl, 16087 CR 40, LaSalle, Colorado, stated that the primary reason for the variance requests
is because her property was built in 1907 and the code changed in 2020 She added that she was three
months late in obtaining a recorded exemption so when you try to mesh a 115 -year -old property and 2020
requirements there are places that it just doesn't work Ms Stahl said that the second home was used for
their aging parents and then they rented it out She added that currently her and her husband are not able
to take care of the two properties anymore and they hope to sell the second home to pay down the
mortgage
Ms Stahl said that assuming access is granted on County Road 33, a public road right-of-way would be
only 135 3 feet in length For this minimal distance, she doesn't believe a 60 -foot road with a cul de sac is
warranted She added that she was told by the Fire Department that because of where the houses are
located, which are very close to county roads, the fires would be addressed from the county road and they
would not want to go internally She further added that they would access the water from the ditches outside
of the property for fire protection
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Dante Folino, 16019 CR 40, stated that his concern is that the upgraded internal road might spill over onto
the landscape and access easement that he controls with his property His concern was that the new road
would not be built on any portion on his property After hearing the case today, he understands that this
won't happen, therefore, he is in favor of this application
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 RLDF21-0002 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
Commissioner Holland commented that he was involved in a similar situation in a different state and there
was a fire that caused significant damage and lawsuits happened He added that there was a lot of issues
because the City had made a decision to depend on the approval of the Fire Department He commented
that he supports this but believes that this is a real potential fire issue
Commissioner Edens asked if one of the two accesses that are proposed to be closed on County Road 40
be used as a Fire Department exit Ms King stated that she has seen this when there is a certain length
of road and lots of houses on it, however, she is not sure that a two -lot would warrant that based on the
location of the houses in the proximity to the county roads Commissioner Gluck added that these homes
are accessible right off of County Road 40
The Chair called for the vote
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Elijah Hatch, Michael Palizzi, Michael Wades, Pamela Edens, Sam Gluck, Skip Holland
Abstain Tom Cope
Meeting adjourned at 5 02 pm
Respectfully submitted,
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Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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