HomeMy WebLinkAbout20220764.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION
FINAL PLAN, MINF21-0001, FOR FIVE (5) LOTS WITH E (ESTATE) ZONING -
GEORGE ZADEL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of
March, 2022, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of George Zadel, 18100 County Road 19, Johnstown, Colorado 80534, for a Site
Specific Development Plan and Minor Subdivision Final Plan, MINF21-0001, for five (5) lots with
E (Estate) Zoning on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -1359; being part
of the SW1/4 SW1/4 of Section 34, Township 4
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Andrew Baker, Baseline Engineering
Corporation, 4007 South Lincoln Avenue #405, Loveland, CO 80537, and
WHEREAS, Section 24-5-70 of the Weld County Code provides standards for review of
said Minor Subdivision Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
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 (lettered A thru H) and Section 24-5-20 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 Chapter 24, Article V, of the Weld
County Code. The proposed Minor Subdivision involves the creation of
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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 water source and public sewer or On -site Wastewater Treatment
Systems (OWTS). This development meets these requirements.
F. The Resubdivision requirements shall be followed when proposing
modifications to a recorded Minor Subdivision Final Plat as described in
Chapter 24, Article IX of the Weld County Code, as amended. Additional
lots may be created by the Resubdivision process within an existing Minor
Subdivision, so long as the overall number of 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 III 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],
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all of the Weld County Code. Compliance with the above Chapters was
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.
3. 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
comprised of legal lots. The property is a single legal lot, being Lot B of
Recorded Exemption, RE -1359, recorded February 12, 1992, at
Reception #2277950.
B. Lots within a Minor Subdivision shall be served by a public water supply
system. Potable water will be provided by the Little Thompson Water
District (LTWD). The existing residence on Lot 1 is served by the Little
Thompson Water District, Tap #3564. The Minor Subdivision Final Plan
application materials included a water service commitment letter from the
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 the water supply from the LWTD is
adequate for the development.
C. Lots within a Minor Subdivision shall be served by an OWTS or public
sewer. Sewer service will be provided by an 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 October 20, 2020. This report contained
considerations for future OWTS and their installation given the sandy loam
soil quality of the property.
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 (1/4) 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
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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 III 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
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.
A Homeowners Association is required and shall be managed by the
property owners within the Minor Subdivision. 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 the Minor Subdivision shall follow the
easement standards, per Chapter 24, Article III 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. The Utility Board
approved the recommended default Easement Standards, per
Section 24-3-60 of the Weld County Code.
K. The Minor Subdivision lots will be accessed via a privately maintained road
located in a single internal, publicly dedicated right-of-way.
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L. All lots within a Minor Subdivision shall connect directly onto an internal
public road. No Minor Subdivision shall contain any access easement
except:
1) Pre-existing access easements for nonresidential purposes, for
example, ditch roads, oil and gas facility access roads, et cetera.
2) Access easements solely for the use of emergency services.
3) Easements to provide lot owners with access to common elements
located within the Minor Subdivision.
The above subsection, L.1, is applicable, which corresponds to
Section 24-5-20.Al2.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 arterial 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. 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
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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 districts, police authorities and other emergency services. 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 Sheriff's 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 prime agricultural
land. The USDA Natural Resources Conservation Service (NRCS) Custom
Soil Report, dated August 23, 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, historical 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.
4. The submitted materials are in compliance with other Minor Subdivision Final Plan
review considerations:
A. Municipalities - The subject site is located within the Towns of Johnstown,
Milliken and Platteville's 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
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Town of Milliken corporate limits are closest to this site, being
approximately 0.6 miles northeast. These three (3) municipalities were sent
a referral notice during the Minor Subdivision Final Plan application. The
Town of Platteville returned a referral, dated December 8, 2021, and
expressed no concerns. The Towns of 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 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 19.5 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
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 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, 1-25 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, Certified Floodplain
Manager referral, dated December 6, 2021, did not include any comments.
The Colorado Geological Survey referral, dated December 16, 2021, did
not include any requirements.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of George Zadel for a Site Specific Development Plan and
Minor Subdivision Final Plan, MINF21-0001, for five (5) lots with E (Estate) Zoning on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the Minor Subdivision Final Plat:
A. The COZ21-0008 plat shall be recorded.
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.
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.
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
Sheriff's 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.
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.
F The applicant shall submit Certificates from the Secretary of State
demonstrating that "The Homeowners Association" has been formed and
registered with the State.
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.
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2. The Minor Subdivision Final Plat shall delineate the following:
A. All sheets of the plat shall be labeled Zadel Minor Subdivision Final Plat
No. MINF21-0001.
B. The plat shall be prepared in accordance with Section 24-5-80 of the Weld
County Code.
C. The plat shall include the acreage and dimensions of each lot.
D. The applicant shall show and label all existing fencing and any conflicting
boundary evidence.
E. The applicant shall show and label the Minor Subdivision internal publicly
dedicated road right-of-way.
F. The applicant shall 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.
G. Each lot shall have a minimum frontage width onto a public roadway of
30 feet, per Section 24-3-50.H of the Weld County Code.
H. The applicant shall show and label the sight distance triangle on the plat.
The applicant shall show and label the requisite easements as stipulated
by the Utilities 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.
J. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
K. The applicant shall 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
Section 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.
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 the existing
right-of-way on the site plan. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
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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 the existing
right-of-way on the site plan. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
N. The applicant shall 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.
O. The applicant shall show and label the easement used by the oil and gas
facility to access County Road 38 via the existing access road.
P. The applicant shall show the drainage flow arrows.
Q. 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 five (5) residential lots.
2) Uses in the Resubdivision consist of those allowed in the E (Estate)
Zone District listed in Chapter 23, Article III, Division 5 of the Weld
County Code, as amended.
3) Any future structures or uses onsite may be required to obtain
approval through the appropriate zoning and building permits.
4) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
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.
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.
7) Stop signs and street name signs will be required at all
intersections.
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8) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
9) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
10) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
11) The historical flow patterns and runoff amounts will be maintained
on the site.
12) Weld County is not responsible for the maintenance of on -site
drainage related features.
13) Weld County is not responsible for the maintenance of the on -site
subdivision road.
14) Water service may be obtained from the Little Thompson Water
District.
15) 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.
16) 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.
17) 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.
18) If land development exceeds six (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.
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19) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
20) 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 plat notes stated
herein and all applicable Weld County regulations.
21) Failure to Comply - The property owner shall comply with the
recorded plat notes and lot configuration. Noncompliance may
result in withholding Weld County permits.
22) The Resubdivision process shall be followed when proposing
changes to a recorded Minor Subdivision Final Plat.
23) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
3. 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 the Department of Planning Services. 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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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4. Failure to Record - If the Minor Subdivision final plat has not been recorded within
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 180 days of approval,
the Director of the Department 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.
5. 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.
6. 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
C.R.S. §30-28-110(4).
7. 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 three (3) month period.
8. 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.
9. 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.
2022-0764
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MINOR SUBDIVISION FINAL PLAN (MINF21-0001) - GEORGE ZADEL
PAGE 14
10. 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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. The applicant shall obtain Access Permits for the two (2) proposed access
locations onto County Road 38.
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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELli OUNTY, COLORADO
ATTEST: d,atife„W..JeLO•„k
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPR
County Attorney
Date of signature: 313 I fa
Sco . James, Chair
EXCUSED
eman, Pro -T
Perry L. B
teve Moreno
Lori Sai
2022-0764
PL0848
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