HomeMy WebLinkAbout20131330.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1326
- L.G. EVERIST, INC.
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, by Resolution dated November 14, 2001, the Board approved the request
of L.G. Everist, Inc. for a Site Specific Development Plan and Use by Special Review
Permit #1326 for an Open Cut Gravel Mining Operation and Concrete Batch Plant in the
A (Agricultural) Zone District, on the following described real estate, to -wit:
Part of the NW1/4, and part of the NW1/4 of the
NE1/4 of Section 6, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has received a request from the current operator, L.G. Everist,
Inc., 7321 E. 88th Avenue, Suite 200, Henderson, Colorado 80640, to vacate a portion of said
Use by Special Review Permit, USR-1326, 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 Department of Planning Services staff and all of the exhibits and evidence presented in this
matter and, having been fully informed, deems it advisable to approve said partial vacation,
conditional upon the following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant
shall submit a revised plat, titled "Partial Vacation of Use by Special
Review Permit, USR-1326, conforming to Section 23-2-260.D of the Weld
County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Use by Special Review Permit, USR-1326, be, and hereby is,
partially vacated, with the abovementioned condition, with said plat to be titled and recorded as
Partial Vacation of Use by Special Review Permit, USR-1326.
3943348 Pages: 1 of 2
06/26/2013 01:25 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
1111 Plah4a 11111
CQi', PI- u (2A
2013-1330
PL1570
PARTIAL VACATION OF USR-1326 - L.G. EVERIST, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy C
APP ED
nt s ttorney
JUN 1 2 2013
Date of signature:
3943348 Pages: 2 of 2
06/26/2013 01:25 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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William
Chair
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Dougla Rademac er, Pro -Tern
Sean P. Conway
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Mike Freeman
EXCUSED
Barbara Kirkmeyer
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2013-1330
PL1570
WEL`'J-0 Nil
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To:
From:
Subject:
Date:
MEMORANDUM
Board of County Commissioners
Kim Ogle, Planning Services
Partial Vacation of USR-1326, L.G. Everist, Inc.
April 29, 2013
The Department of Planning Services has received the attached letter dated March 21, 2013 from Lynn
Mayer Shults, Regulatory Manager for L.G. Everist, Inc, requesting the partial vacation of the Lohmann
Sand & Gravel mine permitted under USR-1326. This request comes as a condition of approval for the
recently administratively approved Recorded Exemption No. RECX13-0023. Condition of Approval No. 3.E
states "The partial vacation of USR-1326 plat shall be submitted for recording."
The applicant has submitted evidence from Mr. Eric Scott, Colorado Division of Reclamation, Mining and
Safety, indicating that the approximate 17 acre French property has been released from the State Mine
Permit M2001-017. If this request is approved, the applicant will be required to submit a revised USR-
1326 map per Section 23-2-280 of the Weld County Code.
The Department of Planning Services is recommending approval of this partial vacation.
Background information
Legal Description:
Location:
April 9, 2013
March 21, 2013
June 21, 2011
November 14, 2001
Part of the NW4, and part of the NW4 of the NE4 of Section 6, Township 2 North
Range 67 West of the 6th P.M., Weld County Colorado
South of and adjacent to County Road 26, between County Road 13 and County
Road 15, more specifically defined as approximately 1275 feet east of County Road
13 and approximately 1895 feet West of County Road 15
RECX13-0023 was administratively approved to create two parcels of land from an
80 acre tract which is known as the Lohmann property.
The Department of Planning Services received a letter from Lynn Mayer Shults,
Regulatory Manager for L.G. Everist, Inc., requesting a partial vacation of USR-1326
removing the 17 acre French property from the USR-1326 Weld County Permit.
The Colorado Division of Reclamation, Mining and Safety approved the partial
release of approximately 17 acres known as the French property from the Lohmann
Sand and Gravel mine, DRMS Permit M2001-017.
USR-1326 for L.G. Everist, Inc, was conditionally approved on November 14, 2001
and the plat recorded on February 27, 2002 under reception number 029228484 for
A Site Specific Development Plan and Special Review Permit#1326 for an Open Cut
Gravel Mining Operation and Concrete Batch Plant in the Agricultural Zone District —
L.G. Everist, Inc., do R.A. Everist located in Part of the NW4, and part of the NW4 of
the NE4 of Section 6, Township 2 North Range 67 West of the 6"' P.M., Weld County
Colorado
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2013-1330
L.G. EVERIST, INC.
RocK SOLID SINCE 1876
March 21, 2013
Mr. Kim Ogle
Weld County - Dept. of Planning
1555 North 17th Avenue
Greeley, CO 80631
7321 E. 88m AVENUE, SUITE 200
HENDERSON, COLORADO oo 80640
PHONE 303-287-9606 • FAX 303-289-1348
RECEIVED
MAR 2 3?nta
Weld County hang Department
GREELEY OFFICE
RE: Partial Vacation Request - for Lohmann Sand & Gravel, USR-1326
Dear Kim:
L.G. Everist, Inc., respectfully submits a request for a Partial Vacation of Lohmann Sand &
Gravel, Weld County USR-1326.
The current permit, USR-1326, has 82 permitted acres and includes parts of two privately -
owned parcels which have been divided on the plat maps into Area A, Area B and Area C. The
part of the USR known as the Lohmann property (part of Parcel # 131106000060) consists of
approximately 65 acres and is generally located in part of the E% NW'/ of Section 6, Township
2N, Range 67W, 6th P.M., Weld County. The Lohmann permitted acreage is divided into Area A
and Area B on the USR maps. The part of the USR known as the French property (part of
Parcel # 131106000024) consists of approximately 17 acres and is generally located in part of
the NW% NE% of Section 6, Township 2N, Range 67W, 6th P.M., Weld County. The French
property is labeled as Area C on the USR maps. Both the Lohmann and French Properties of
the USR are generally located between County Roads 13 to the east and 15 to the west, and
then south of County Road 26 and north of the centerline of the Last Chance Ditch.
L.G. Everist is requesting vacation of approximately 19.191 acres from USR-1326. The acreage
to be vacated includes all of Area C (French property, approx. 17 acres) and part of Area B
(Lohmann property, approx. 2.191 acres), as described below and shown on the revised USR
plat maps. The partial vacation does not create separate parcels.
DRMS Acreage Release of French Property
For this request, we are submitting evidence of acreage release from the Colorado Division of
Reclamation, Mining, and Safety (DRMS) for the French property. On June 21, 2011, the
Colorado Division of Reclamation, Mining, and Safety (DRMS) approved a partial release of the
Lohmann Sand and Gravel mine, DRMS Permit M-2001-017. The partial release included
approximately 17 acres that were known as the French property (DRMS) or Area C (USR). The
area has been fully reclaimed in compliance with its beneficial end use as a water storage
reservoir. The DRMS Acreage Reduction Approval Letter and Inspection Report (dated June 9,
2011) are attached for evidence of release. The Use by Special Review plats have been
revised to show both the vacated portion of the property and the existing permitted acreage.
LOH-WELD-USR 1326-PartialVacation-French&LohStrip-032113.doc
RE: Technical Revision Request for Fort Lupton Sand & Gravel, M-1999-120 April 3, 2009
Recorded Exemption (in process) of Lohmann Property, leading to need for Partial
Vacation of "Lohmann Strip"
As you know, a Recorded Exemption application was submitted to the Weld County Department
of Planning Services on February 27, 2013, which will divide Mr. and Mrs. Lohmann's property
(Parcel # 131106000060) into Lot A and Lot B. Lot A will be retained by the Lohmanns, and
L.G. Everist, Inc. is under contract to buy Lot B. The draft Recorded Exemption Plat is attached
for reference, and here is a synopsis of the exemption proposal:
Proposed Lot A - Lot A will be approximately 16.012 acres in size. This lot is the southern section of
the parcel, mostly located south of the centerline of the Last Chance Ditch, but also includes an
access strip (the "Lohmann Strip") along the eastern side of the original parcel that varies from 45-75
feet wide and contains the existing access road going north to WCR 26. This lot is remaining with the
Lohmanns as their place of residence.
Proposed Lot B - Lot B will be approximately 60.986 acres in size. This lot is the northern section of
the original parcel, located north of the centerline of the Last Chance Ditch, and the northern
boundary is adjacent to WCR 26. This lot is already permitted and being operated as USR-1326, a
sand and gravel mining operation, and will be reclaimed as water storage reservoirs. This lot is under
contract to be sold by the Lohmanns to L.G. Everist for the mine operation.
Please keep in mind that Lot A and Lot B of the parcel are different than Area A and Area B of
the USR-1326. Area A and Area B of the USR currently covers all of proposed Lot B of the RE
and the access strip (the "Lohmann Strip") for proposed Lot A of the RE that lies along the east
side of the original parcel and to the north of the centerline of the Last Chance Ditch. Because
Weld County Code now requires that a USR must cover an entire parcel, L.G. Everist is
requesting vacation of that the portion of the USR that covers the "Lohmann Strip" part of
proposed Lot A, which is approximately 2.191 acres. Lot A will remain with the Lohmanns as
their place of residence. L.G. Everist will only have easements in the access strip (2 Utility
Easements and a Temporary Reclamation Easement) but will not conduct any mining
operations in that area.
If you have questions or need additional information, please contact Lynn Mayer Shults at 303-
286-2247 or Imshults@Igeverist.com.
Thrk you,
441
Lyn ayer Shult
Regulatory Mana
S
cc: Linda C. and Theodore M. Lohmann
Dennis Fields and Jim Sittner, L.G. Everist
Steve O'Brian, Environment, Inc.
Attachments:
- DRMS Acreage Reduction Approval Letter & Inspection Report (4 pages)
- Draft Recorded Exemption Plat for Parcel # 131106000060 (1 page)
- Draft Amended USR-1326 Plat (5 pages - Development Standards, Vicinity -pre -PV,
Vicinity -after -PV, Extraction, Landscape & Reclamation)
LOH-WELD-USR 1326 -Pa rtia I V acatio n -F re nch& Lo hStrip-032113. d oc
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone. (303) 866-3567
FAX: (303) 832-8106
June 21, 2011
Lynn M. Shults
Regulatory Manager
L.G. Everist, Inc.
7321 E. 88th Ave., Ste 200
Henderson, CO 80640
COLORADO
DIVISION OE
RECLAMATION
MINING
—&—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
DIrectOr
Re: Lehmann Sand and Gravel Mine, Acreage Reduction Approval, Permit No. M-2001-017, Revision
AR -1
Dear Ms. Shults:
On June 21, 2011, the Colorado Division of Reclamation, Mining and Safety approved your request for release of
a portion of the permit area from further reclamation responsibility.
The permit area was reduced to 65.00 acres, through the release of 17.00 acres in this permit action (French
property). Please update your permit maps and boundary makers as appropriate to reflect this change. Because
the permit is not totally released, you are still liable for filing annual reports and fees.
If you have any questions, please contact me.
Sincerely,
xfri_____,
Eric C. Scott
Environmental Protection Specialist
RECEIVED
JUN 2 3 2011
L. G. EVERIST, INC
Office of
Mined Land Reclamation
Office of
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DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Linda & Theodore Lohmann
RECX13-0023
Planner: C. Gathman
Legal Description:
Part of the NW4 of Section 6, T2N, R67W of the 6th P.M., Weld County, CO
Parcel ID #:
131106000060
Lot A Size:
+/- 16 acres
Lot B Size:
+/- 61 acres
Water Source:
Lot A Well Permit #230300
Lot B Well Permit #240652
Sewer System:
Lot A Septic # SP -0000346
Lot B Septic # G19939163
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Proposal Description: The applicant is proposing to divide an existing 80 acre parcel into a 16
acre parcel and a 61 acre parcel. The 16 acre parcel (proposed Lot A) currently has a single
family residence on an existing individual well and septic permit along with an existing access
road off of County Road 26 utilized by the property owner. The 61 acre parcel has an existing
gravel mining operation (USR-1326). A portion of the access road for the residence on Lot A is
covered by the gravel mining USR and the applicant is in the process to vacate this area from the
boundaries of the USR. This road is not utilized by the gravel mining operation. Both proposed
parcels access onto County Road 26 which has been annexed to the Town of Firestone.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The Longmont Soil Conservation District has provided information regarding the soils on the site.
The applicant shall review the information and use it to positively manage on site soils.
3. Prior to recording the plat:
A. All septic systems must be located on their respective lots and meet all lot line set back
requirements. Provide a drawing of the septic system(s), with dimension and distances
from lot lines, to W.C. Department of Public Health and Environment for verification of
setbacks. The location of the floodplain relative to the septic systems shall be indicated as
on the drawing as well.
B. The applicant shall address the requirements of the Colorado Division of Water Resources
as stated in the referral response dated March 27, 2013. Written evidence of such shall be
provided to the Department of Planning Services.
C. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
D. 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.
E. The partial vacation of USR-1326 plat shall be submitted for recording.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1311-6-2 RECX13-0023.
B. All existing accesses shall be clearly shown on the plat.
C. County Road 26 is designated on the Weld County Road Classification Plan as a local
paved road, which requires 60 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. This road is annexed into and maintained by Firestone. Per the Town
of Firestone, an additional 20 feet shall be delineated on the plat as future County Road
26 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.
D. 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.
E. The minimum width of the flagpole for Lot A shall be 30 -feet.
F. Please show the FEMA floodplain boundaries on the plat. Please label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
5. 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.
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.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) After August 3, 2010, the largest Lot, or Lot B of a two -lot 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.
5) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lots A and B may
not be able to obtain building permits to construct structures. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #080266-0855C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65.
6) Flood hazard development permits will be required for development activities located
within the FEMA mapped floodplain. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials.
7) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
8) The installation of any septic system within the 100 -year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
9) Care should be taken to protect the absorption field on Lot B from vehicle traffic and
employee parking.
10) The installation of any septic system within the 100 -year flood plain and any existing
septic permit within the 100 -year floodplain shall comply with the Weld County
I.S.D.S. flood plain regulations. Specifically, if the septic tank lids are not above the
flood plain elevation, then the access to the tank manhole lids must be covered with
20 ml PVC and sealed with plumbers cement. In addition, a one- way valve must be
installed on the effluent line between the tank and the absorption field. Therefore, any
future pumping of the septic tank will require that the tank lids be sealed prior to
backfilling, and any future upgrade of the septic system will require that a one-way
valve be installed on the effluent line.
11) 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.
12) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Mountain View Fire Protection District to the Weld County Building
Department.
13) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically there after.
14) 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 Section 15-1-180 of the Weld County Code.
15) 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.B.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.
16) Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act.
17) Prior to the release of building permits on Lot A and/or Lot B, 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.
18) A building permit will be required for any new construction, alteration, or addition to
any buildings or structures on the property. A building permit application must be
completed and two complete sets of engineered plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or a open hole inspection.
19) Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2012 International Building Code; 2012 International
Mechanical Code; 2012 International Plumbing Code: 2012 International Energy
Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI
117.1 Accessibility Code the 2012 International Plumbing Code. and Chapter 29 of
the Weld County Code.
20) A plan review shall be approved and a permit must be issued prior to the start of
construction.
21) Effective April 25, 2011, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2011-2)
22) Effective April 25, 2011, 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. (Ordinance 2011-2)
23) 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
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.
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.
6. The applicant shall submit two (2) paper copies or one (1) electronic copy (.pdf) of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
plat the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the date the
Administrative Review was signed. The applicant shall be responsible for paying the recording
fee.
7. 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 may be added for each additional 3 month period.
8. 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 dhuerter@co.weld.co.us
9. The Weld County Department of Planning Staff's approval of this Recorded Exemption
Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or
unable to meet any one of these conditions within 60 days of approval, then this case will be
forwarded to the Weld County Board of County Commissioners with a staff recommendation for
denial.
5
By
Chris Gathman - Planner Ill
Date April 9, 2013
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