HomeMy WebLinkAbout20140125.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION, RECX13-0114 - HOWARD AND
JENNIFER AXELSON
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 request for Recorded Exemption, RECX13-0114 was submitted by
Howard and Jennifer Axelson, c/o Robert Kreps, Kreps/Wiedeman, 2221 2nd Avenue, Greeley,
CO 80631, for property which is located on the following described real estate, to-wit:
Lot A or Recorded Exemption, RE-1290; being part
of the W1/2 NW1/4 of Section 34, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known
as Recorded Exemption, RECX13-0114, does not come within the purview of the definition of
the terms "subdivision" and "subdivided land," and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 0.585 net acres acres and 78 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Howard and Jennifer
Axelson for Recorded Exemption, RECX13-0114, be, and hereby is, approved subject to the
following conditions:
1. Prior to recording the plat:
A. If the principal dwelling does not meet the setback from County Roads 64
and 43, the applicant shall submit a non-conforming structure application.
B. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
0:12`'( ' ` , 2014-0125
�� I I RECX13-0114
RECX13-0114 - HOWARD AND JENNIFER AXELSON
PAGE 2
2. Items to be included on the plat:
A. The plat shall be titled - Recorded Exemption No. 0803-34-2,
RECX13-0114.
B. The lots shall be configured so that the existing outbuildings meet the
required offset.
C. County Road (CR) 64 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 90 feet of
right-of-way at full buildout. There is currently 60 feet of right-of-way. An
additional 15 feet shall be delineated on the plat as future CR 64
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. This information shall be noted on
the plat. If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
D. CR 43 is designated on the Weld County Road Classification Plan as a
collector road, which requires 90 feet of right-of-way at full buildout. There
is currently 60 feet of right-of-way. An additional 15 feet shall be
delineated on the plat as future CR 43 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way.
This information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
E. Lot B shall comply with the thirty-five (35) acre net minimum lot size
required by Section 24-8-40.P of the Weld County Code. Net acreage
calculations should not include reserved road right-of-way.
F. The applicant shall show the approved access on the plat and label it with
the approved access permit number (AP13-00384).
G. The oil and gas setback radiuses for existing wellheads and tank batteries
on the site shall be indicated in accordance with Section 23-3-50.E of the
Weld County Code.
H. The applicant shall show the dedicated easement for future septic
system expansion across Lot A of RE 13-0113 and Lot A of RE 13-
0114.
3. The following notes shall be placed on the plat:
A. All proposed or existing structures will, or do, meet the minimum setback
and offset requirements for the zone district in which the property is
located. Pursuant to the definition of setback in the Weld County Code,
the required setback is measured from the future right-of-way line.
2014-0125
RECX13-0114
RECX13-0114 - HOWARD AND JENNIFER AXELSON
PAGE 3
B. No building or structure, as defined and limited to those occupancies
listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012
International Building Code, shall be constructed within a 200-foot radius
of any tank battery, within a 150-foot radius of any wellhead, or within a
twenty-five-foot radius of any plugged or abandoned oil and gas well.
Any construction within a 200-foot radius of any tank battery, or 150-foot
radius of any wellhead, shall require a variance from the terms of this
Chapter in accordance with Subsection 23-6-10.C of this Code.
C Any future structures or uses on site must obtain the appropriate Zoning
and Building Permits.
D. Lot A is not eligible for a future land exemption in accordance with
Section 24-8-20.C.1 of the Weld County Code.
E. The largest lot of any recorded exemption may not be less than thirty-five
(35) acres net, in accordance with Section 24-8-40.P of the Weld County
Code.
F. Future development may necessitate a larger Lot A than what is
displayed on the plat. In addition, a larger Lot A would provide additional
dilution and attenuation of sewage wastes, which may beneficial to the
environment.
G. Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Chapter 15,
Articles I and II of the Weld County Code.
H. Prior to the release of Building Permits, the lot owner shall verify with the
nearest Town/City or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if
a sewer line exists within four hundred (400) feet of the property line and
the sewer provider is willing to serve the proposed structure, a Septic
Permit cannot be granted by the Weld County Department of Public
Health and Environment. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
Prior to the release of Building Permits, the applicant shall submit a
recorded deed describing the lot upon which the Building Permit is
requested with the Building Permit Applications. The legal description on
such deed shall include the lot designation and Recorded Exemption
number.
J. Building Permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agricultural Exempt
Building, per the requirements of Sections 29-1-20 and 29-3-20.6.13 of
the Weld County Code, do not need Building Permits; however, a
2014-0125
RECX13-0114
RECX13-0114 - HOWARD AND JENNIFER AXELSON
PAGE 4
Certificate of Compliance must be filed with the Planning Department and
an Electrical and/or Plumbing Permit is required for any electrical service
to the building or water for watering or washing of livestock or poultry.
K. Building Permits issued on the property will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program. Building
permits issued on the property will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
L. The Weld County Right to Farm Statement, as it appears in Section 22-2-
20.J.2 of the Weld County Code, shall be placed on the plat and
recognized at all times.
4. Upon completion of Condition of Approval #1, #2 and #3 above, the applicant
shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to
the Weld County Department of Planning Services for preliminary approval. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5 In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
6. The Department of Planning Services respectfully requests a digital copy of this
Recorded Exemption, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
2014-0125
RECX13-0114
RECX13-0114 - HOWARD AND JENNIFER AXELSON
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of January, A.D., 2014
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Y ik�G-
Douglas Radema her, Chair
Weld County Clerk to the Board
{ii_ 7 /2 cjx L
Es La% arbara Kirkme r, Pro-Teal
BY: �—
Deputy Cler o the Boa. a •0% c_ c;:),
196 t'{ 's ' •caa�n�P. Conway
APPROyED AS TQ 4\ � Mike(1Fr\e man �—
n
un y Attorney /C
William F. Garcia
Date of signature: JAN 2 1 2014
2014-0125
RECX13-0114
W
DEPARTMENT OF PLANNING SERVICES
ti r - SUBDIVISION EXEMPTION
4 s ADMINISTRATIVE REVIEW
,COUNTY
PLANNER: Diana Aungst HEARING DATE: January 13, 2014
CASE NUMBER: RECX13-0114
APPLICANT: Howard and Jennifer Axelson
REPRESENTATIVE: Robert Kreps
Kreps/Wiedeman
2221 2nd Avenue
Greeley, CO 80631
REQUEST: Recorded Exemption for a single-family residence
LEGAL Lot A of Recorded Exemption RE-1290 being part of the W2 NW4 of Section 34,
DESCRIPTION: T6N, R65W of the 6th P.M., Weld County, CO
PARCEL NO. 0803-34-0-00-030
ZONE DISTRICT: Agricultural
PARCEL SIZE +/- 0.585 Net acre
Description: The applicant is requesting approval of a lot that is 0.585 Net acres in size (the gross
acreage is 0.833.) Section 24-8-40.L. of the Code requires the lot to be 1.0 Net acre in
size. The applicant is requesting that the 1.0 Net acre requirement be exempted by the
Board of County Commissioners.
The Department of Planning Services' staff has reviewed this request and recommends that this
request be denied for the following reasons:
1. It is the opinion of the Department of Planning Services staff that the applicant has not shown
compliance with the following criteria as listed in 24-8-40.A. through 24-8-40.O. of the Weld County
Code:
Section 24-8-40.L: The minimum size of any lot proposed with a public water supply is not less
than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not
less than two and one-half(2X) acres net. Minimum lot sizes do not apply in zone districts which
allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot
size does not apply to subdivision exemption lots created for the temporary use of a parcel for
public utility facilities.
The proposed size for this recorded exemption lot is 0.585 acre the minimum size for this type of a
recorded exemption lot is 1.0 Net acre unless exempted by the Board of County Commissioners.
RECX13-0114
Page 1 of4
-°\ zS
KECX 133 - o11�1
Should the Board of County Commissioners approve this request, the Department of Planning Services'
staff recommends the following conditions be attached:
1. Prior to recording the plat:
A. If the principal dwelling does not meet the setback from County Roads 64 and 43 the
applicant shall submit a non-conforming structure application.
B. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0803-34-2 RECX13-0114.
B. The Lots shall be configured so that the existing outbuildings shall meet the required offset.
C. County Road 64 is designated on the Weld County Road Classification Plan as a local paved
road,which requires 90 feet of right-of-way at full build out. There is presently 60 feet of right-
of-way. An additional 15 feet shall be delineated on the plat as future County Road 64 right-
of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
D. County Road 43 is designated on the Weld County Road Classification Plan as a collector
road,which requires 90 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way. An additional 15 feet shall be delineated on the plat as future County Road 43 right-
of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
E. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include reserved road
right-of-way.
F. Show the approved access on the plat and label it with the approved access permit number
(AP13-00384).
G. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be
indicated in accordance with Section 23-3-50.E of the Weld County Code.
3. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
2) *No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code,
shall be constructed within a 200-foot radius of any tank battery or within a 150-foot
radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned
oil and gas well. Any construction within a two-hundred-foot radius of any tank battery
or one-hundred-fifty-foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
RECX13-0114
Page 2 of 4
4) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
5) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net in accordance with Section 24-8-40.P. of the Weld County Code.
6) Future development may necessitate a larger Lot A than what is displayed on the
plat. In addition, a larger Lot A would provide additional dilution and attenuation of
sewage wastes which may beneficial to the environment.
7) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15,Articles I and II of the Weld County Code.
8) Prior to the release of building permits the Lot owner shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary sewer
line. In accordance with the Weld County Code, if a sewer line exists within four
hundred (400) feet of the property line and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
9) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
10) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the
building or water for watering or washing of livestock or poultry.
11) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Wide Road Impact Fee Program.
12) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; 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
RECX13-0114
Page 3 of 4
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
14) 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, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
4. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit three (3) paper copies or one (1) electronic .pdf version
of the plat for preliminary approval to the 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 County Clerk and
Recorder by the Department of Planning Services. The Mylar plat and additional requirements
shall be recorded within sixty (60) days from the date the administrative review was signed. The
applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a$50.00 recording continuance charge shall added for each additional 3 month period.
6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps.co.weld.co.us.
7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the applicant.
RECX13-0114
Page 4 of 4
RE:In the matter of proposed Lot A of Recorded Exemption No.0803-34-2 RECX13-0114.Formal request
of exemption from requirements as laid forth in Section 24-8-40.L of the Weld County Code
I, Howard Axelson,do hereby request an exemption from the requirements as laid forth in Section 24-8-
40.L of the Weld County Code,being"The minimum size of any lot proposed with a public water supply
is not less than one(1)acre net".
Explanation of Request:
• Existing agricultural use buildings,improvements and lines of occupation surrounding the
proposed Lot A limit the overall size that the proposed lot can reasonably be created.
• The purpose of the exemption is to enable the continuation of the farming operation in a
manner that does not alienate one or more of the improvements needed to continue to operate
efficiently.
• The proposed lot is a corner lot;therefore,even though it is nearly one(1)gross acre,30%of its
available surface area is comprised of road Right-of-Way.
Thank you for your consideration of the matter.
Sincerely, w go
— ea4 yaitkpoot,war,
RE:In the matter of proposed Lot A of Recorded Exemption No.0803-34-2 RECX13-0114.Formal request
of exemption from requirements as laid forth in Section 24-8-40.L of the Weld County Code
I, Howard Axelson,do hereby request an exemption from the requirements as laid forth in Section 24-8-
40.L of the Weld County Code,being"The minimum size of any lot proposed with a public water supply
is not less than one(1)acre net".
Explanation of Request:
• Existing agricultural use buildings,improvements and lines of occupation surrounding the
proposed Lot A limit the overall size that the proposed lot can reasonably be.created.
• The purpose of the exemption is to enable the continuation of the farming operation in a
manner that does not alienate one or more of the improvements needed to continue to operate
efficiently.
• The proposed lot is a corner lot;therefore,even though it is nearly one(1)gross acre,30%of its
available surface area is comprised of road Right-of-Way.
Thank you for your consideration of the matter.
Sincerely, Una(/
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