HomeMy WebLinkAbout20110216.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #4443 — SHAW
FAMILY, LLLP
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 has been presented with a request for Recorded
Exemption #4443, from Shaw Family, LLLP, and
WHEREAS, a hearing before the Board was held on the 17th day of January, 2011, at
which time the Board deemed it advisable to continue said matter to July 13, 2011, in order to
allow Lafarge West, Inc., adequate time to proceed with its reclamation process on the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to
July 13, 2011, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
�f WELD COUNTY, CO ORADO
ATTEST • %f'
w :arbara Kirkmeye , Chair
Weld County Clerk to th : �o ���
. I ter * a. Sean P. Co ay, Pro-Tem
Arg
ir
Deputy Clerk to the Boar..'% tf� le
Wil 'am . GQa cia
APPROVED AS •
David E. Long
ounty ttorney
Douglas ademach r
021
Date of signature: _Lb__
2011-0216
RE4443
• DEPARTMENT OF PLANNING SERVICES
Ingle RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
COLORADO
Applicant: Shaw Family Limited Liability Limited RE-4443 Planner: MM
Partnership
Legal Pt. E2 SW4 and Pt. NW4 of the SE4 Section 29,Township 2 North, Range 68 West
Description: of the 6`h P.M.Weld County,Colorado
Parcel ID#: 1313 29 000076 & 1313 29 000078
Lot A Size: 2+/-acres Lot B Size: 58+!-acres
Water Source: Proposed Left Hand Water Sewer System: Septic
District
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.
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. Topographic or physical features of the proposed Lots,such as ravines,ditches,streams etc.may limit
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2011-0216
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the area available for a new or replacement septic system.Prior to recording the plat the Weld County
Department of Public Health and Environment recommends that the applicant review the Weld County
Code pertaining to septic systems to assure that any installed septic system will comply with all setback
requirements found in the Code, In the event the proposed lot is not of sufficient size to allow the
installation of a septic system the lot may need to be enlarged.
3. Prior to recording the plat:
A. The applicant shall submit a proposed building envelope(s)for Lot B to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shalt be delineated on the plat.Additional building envelopes shall be labeled
alternative building envelope. All building envelopes shall take into consideration impacts to
productive farm ground as well as the location of incompatible uses, flood plain, ditches,
wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas
structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code.
B. The plat shall be titled: Recorded Exemption No. 1313-29-3 RE-4443
C. The applicant shall apply and be approved for a partial vacation of USR-1346 by the Board of
County Commissioners.
D. The applicant shall submit written evidence to the Department of Planning Services that the
property in question has been reclaimed to the satisfaction of the Division of Mineral and
Geology.
E. Lot A is granted one access, no circle drives or additional accesses shall be granted. The
access road shall be graded and drained to provide all weather access. Accesses shall be
placed in such a location as to have adequate sight distance in both directions, shall not be
placed below the crest of a hill or where physical obstructions are present.
F. Lot B shall use the agricultural/oil and gas/ditch road access points necessary for agricultural
operations as no additional accesses shall be granted. One access shall be designated as
residential.
G. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required,a 15 inch Corrugated Metal Pipe(CMP)is Weld
County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
H. County Roads 3.25 and 16.50 are classified by the County as local gravel roads,which requires
60 feet of right-of-way at full build out.The applicant shall verify the existing right-of-way and the
documents creating the right-of-way.If the right-of-way can not be verified,it shall be dedicated.
I. The applicant shall attempt to address the requirements(concerns)of Mt.View Fire Protection
District,as stated in the referral response dated 6/7/06. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
J. Lot A shall be moved to the south to avoid a 20'trail easement encumbrance.
K. Lot A shall comply with the one(1)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.
L. The applicant shall provide the Weld County Department of Planning Services with a Statement
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of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
M. 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 2003 International Building Code,shall be
constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any
wellhead. 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 the Section 23-3-10 of the
Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Prior to the release of building permit,the applicant shall submit evidence of approval
from the Mt.View Fire Protection District to the Weld County Building Department.
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) All structures requiring building permits shall be located within the designated building
envelope.
6) All construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0850 C 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.
7) 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 with in the floodway.
8) All construction or improvements occurring in a geological hazard area as delineated by
the Colorado Geological Survey shall comply with Overlay District requirements of
Chapter 23,Article V, Division 2 of the Weld County Code.
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) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply of
sufficient quality,quantity and dependability.
11) 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.
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12) 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.
13) 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.
14) Effective January 1,2003,Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)
15) Effective August 1,2005, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.(Ordinance 2005-8 Section 5-8-40)
16) Prior to the release of building permits on Lots A and 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.
17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States,ranking fifth 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 longstanding 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 area: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;and the use of pesticides and fertilizers
in the fields,including the use of aerial spraying. Ditches and reservoirs cannot simply
be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
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.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and County roads outside of
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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. Snow removal from roads within subdivisions are of the lowest priority for
public works or may be the private responsibility of the homeowners. 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.
Children 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 present real threats to children. Controlling
children's activities is important,not only for their safety,but also for the protection of the
farmer's livelihood. Parents are responsible for their children.
4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services.Upon approval of the paper copies 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.
5. 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 mapsco.weld.co.us.
6. 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.(Department
of Planning Services)
7. 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.
By - ✓ Date July 26, 2006
,/ Mic elle Martin Planner II
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October 14, 2010
To: Weld County Commissioners
From: Mike & Virginia Shaw
ills M)
Re: Requests to review options for obtaining a Recorded
Exemption (and Building Permits) for our
Property (WCR 16-'A & WCR 3-/)
October 10, 2001, the Weld County Commissioners passed a Site
Specific Development Plan and Use by Special Review Permnit#1346
(Docket#2201-68, PL1556) for an Open Pit Sand and Gravel Mining
Operation from Western Mobile (a subsidiary of LaFarge, Inc.)located
north and south of and adjacent to Weld County Rd. 16.5 and east of and
perpendicular to WCR 3.25.
This application was on our property, consisting of approximately 180
acres, and would be mined in three stages leaving that ground with three
lakes. Mining was to start in 2001, and (according to the USR)would be
completed with both mining and reclamation as follows: (1) South Lake -
June 1, 2002; (2)West Lake - September 1, 2002; and(3)North Lake -April
1, 2003.
As of today, October 14, 2010; the mining has been completed; but
the reclamation work has not been done. Yes, we have given our approval
on a couple of extensions to the completion date, but for various reasons,
LaFarge has not been able to complete this reclamation part of the project.
There have been many issues, but we do feel that our current Land Manager
from LaFarge, Mr. Sean Frisch is working hard to complete this project.
Just when this will happen, however, is still any one's guess.
Which leads us to the reason we are presenting this to you today. We
have been waiting diligently for the last five years to obtain a recorded
exemption on our South Lake property. This would be necessary for us to
have in order to have funds to build our retirement home. Weld county will
not let us complete this exemption (or obtain building permits) as LaFarge is
still holding a bond from the DRMS. (We are both 68 years of age, and
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Pg. 2
Mike is retired and also has diabetes). It is our wish to start this house as
soon as possible.
The land of which we would like to have released from the LaFarge permit
would be a two acre recorded exemption; (plus a two acre building lot for
our house & barn.) We are told that LaFarge does not want us to build or
have a recorded exemption, because we will be in the way of their work on
the property. (Most of our land that needs reclamation work LaFarge has
not even touched in two to three years). We are also told that the county
does not want to be involved until LaFarge is done.
By contrast, we have talked with the DRMS, and do feel that they would be
open to a two-acre building site, and a possible recorded exemption if we
could take over the permit and finish the reclamation work. We would be
willing to do this work on reclamation, but -- here is where the barn comes
in. (We have no where to put equipment that would be needed for us to
finish this part of the reclamation). Also to be noted, is that the town of
Frederick allowed a neighboring property -- also under a LaFarge contract --
to build a house last year.
We, however, do NOT wish to be annexed to Frederick (or Erie). Our
family desires to maintain an ability to keep hunting and motorized boats
options on the ground -- both of which are not allowed by these
municipalities.
Where then, do we go from here???? Do we wait another 5 years (or more
?) for LaFarge to compete their work? (We have noticed that whenever
LaFarge is behind in their work as required by the DRMS, that they apply
for an extension of time, and the DRMS automatically gives it to LaFarge.)
It is closing in on 10 years since we entered into a project that we thought
would be done in five years. We have tried diligently to work with LaFarge
and extend our deadlines as needed, BUT, we feel that our "time clock" is
ticking, and cannot afford to wait for LaFarge to complete their work. We
need to get on with our lives and our land NOW, and need your help by
allowing us to complete a recorded exemption, and obtain our building
permits.
• R . so
Pg. 3
Thank you for whatever help you might be able to give us, and please do not
hesitate to give us a call should you have any questions. We would also
invite you to come and visit the property site at your convenience.
Thank u, z
eLa
)4,a(,J
Mike &Virginia Shaw
P.O. Box 1227
Longmont, CO 80502
Phone: 303-772-1297
•
LAFARGE
AGGREGATES
& CONCRETE
May 12,2010
Weld County Planning Department
1555 N 17th Ave
Greeley,CO 80631
To Whom It May Concern:
I am writing to state that Lafarge West,Inc.has no objection to the special use request for
a youth ski school submitted by Greg Shaw. Lafarge is currently reclaiming the site from
previous mining activity and has no current mining activity on the site.Lafarge will
coordinate with Mr.Shaw when reclamation activity,including seeding,weed control
and minor grading,will occur near the lake.All safety precautions will be taken to ensure
that both activities can occur harmoniously on the property.
[thank you for you consideration and if there are any further questions feel free to
contact me.
Sincerely,
•
Sean Frisch
Land Manager, Lafarge West,Inc.
Office:303-657-4336 Cell: 720-320-2451
LAFARGE WEST,INC -Aggregate ti Concrete
10170 Church Ranch Way,Suite 200,Westminster,Colorado 80021
Telephone:(303)657-4000 Facsimile:(303)657-4037
•
1!
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
o mrnartin@co.weld,co.us
we, PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
COLORADO
April 26, 2010
SF2
c/o Virgina and Mike Shaw
PO Box 1227
Longmont, CO 80502
Re: Conditions of Approval: RE-4443
Dear Applicants:
On July 25, 2006 your application for a Recorded Exemption was administratively approved by the Weld
County Department of Planning Services with specific Conditions of Approval.
One of the required Conditions of Approval grants the applicants sixty(60)days to submit a Mylar Plat. in
addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose
not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of
Planning Services will need to be notified in writing of your decision to withdraw the application.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval
normally associated with land use cases, and is willing to work with you in completing your request. Please
notify the Department of Planning Services,in writing,within 10 working days of your decision to complete the
Recorded Exemption within the next 30 days or withdraw.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Michelle Martin, 1555 N 17th Ave., Greeley, CO 80631.
If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this
letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners
If you have further question, please contact me at the above address or cal!(970) 353-6100 x 3540.
Sincere ,
Michelle Martin
Planner III
• a
PUBLIC WORKS DEPARTMENT
l I l I H STREET
P.O. BOX 758
lID
Weld County Planning Department GREELEY, COLORADO 80632
e
GREEI,EY OFFICE WEBSITE: www.co.weld.co.us
M
PHONE: (970)-304-6496
COLORADO.
DEC 0 27P FAX: (970)-304-6497
RECEWED
LETTER OF TRANSMITTAL
Date: December 1,2009
To: Michael &Virginia Shaw
PO Box 1 227
Longmont, CO 80502
Subject: FHDP-594,Virginia Shaw Boat Dock&Shelter
Enclosed Please Find: 1—copy of Letter of Conditional Approval
Submitted to you:
■ For your review and comment ❑ Approved as submitted
❑ For your records ❑ Approved,subject to notes
❑ As requested 0 Returned for corrections/completion
0 For your signature/signatures ❑ For your information
Remarks: Enclosed is the conditional approval for your flood hazard development permit which
covers only the boat dock,picnic shelter,and camp trailer. It does not cover any
additional structures or development activities that might occur on the site. Future
structures and/or development will require an amendment to the FHDP. Please note that
there are several other requirements for which you must submit further information in
order to maintain the conditional approval. Please submit the additional information to
me and I will route it to the appropriate parties.
Signed:
it
CIay K:mmi,P.E.,CFM
Weld County Public Works Department
• •
1(7,
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY,COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970)356-4000,EXT. 3750
FAX: (970) 304-6497
COLORADO
December 1, 2009
Michael &Virginia Shaw
PO Box 1227
Longmont, CO 80502
Re: Flood Hazard Development Permit application (FHDP-594)—Boat Dock, Camp Trailer, & Picnic
Shelter
Dear Mr. and Mrs. Shaw,
The Weld County Public Works Department, Planning Services, Building Inspection Department, and
Environmental Health Services have reviewed the requested Flood Hazard Development Permit
(FHDP) application for the new home site. The current FHDP application can be conditionally
approved at this time based on the comments and requirements below.
COMMENTS
Applicant: Michael &Virginia Shaw
C/O SF2, CCL
PO Box 1227
Longmont, CO 80502
Request: Flood Hazard Development Permit number 574 for an existing boat dock, camp
trailer, and picnic shelter in the A(Agricultural)Zone District
Legal Description: Part E2SW4 Section 29 Township 2 North Range 68 West of the 6th P.M., and
the North &West of the north Line of CB&Q RR &that part of the NW4SE4 lying
North and West of railroad right-of-way executed under the Denver Utah and
Pacific railroad right-of-way.
Location: Approximately 1,800 feet east of WCR 3.25 and approximately 200 feet south of
WCR 16.5
FIRM Community
Panel Map No. 080266-0850C, dated September 28, 1982
Parcel Number: 1313-29-0-00-029
Department of Planning Services
The Assessors records indicate that there are no improvements located on site.
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Previously in 2001, this site has had a Special Use Permit for a mineral resource facility (gravel mine)
permitted through Weld County via permit number USR-1346 for Western Mobile.
In 2006,the applicant applied for a two Lot Recorded Exemption (RE-4443) and in 2007 the applicant
applied for a 9-Lot PUD, (PK-1142).
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Building Department
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Public Works Department
An FHDP was submitted to and received by Weld County for review on October 20, 2009, by Michael
and Virginia Shaw. The application was referred to Planning Services, Building Inspections, and
Environmental Health Services on October 21, 2009.
The application is for an existing boat dock, picnic shelter, and camp trailer in the Boulder Creek
Special Flood Hazard Area (SFHA), also known as the 100-year floodplain. The entire parcel is
designated as Zone A on Flood Insurance Rate Map(FIRM) Panels 080266-0850C. This Zone A
designation indicates there are no published base flood elevations (BFE) or floodway for the Boulder
Creek floodplain on the current effective FIRM dated September 28, 1982. All FIRMs are prepared,
distributed, managed, and revised by the Federal Emergency Management Agency(FEMA).
The boat dock, camp trailer, and picnic shelter are located approximately 1,800 feet east) of WCR 3.25
and approximately 200 feet south of WCR 16.5. According to the current effective floodplain map, the
improvements are located approximately 150 feet from the east edge of the Boulder Creek floodplain.
It was the determination of Weld County Public Works that these improvements would have no impact
on the water surface elevation. The boat dock is a floatable and is not eligible for flood insurance.The
picnic shelter appears to be a gazebo and is not eligible for flood insurance. The camp trailer has to be
road worthy and will not cause an impact.
There are several adjacent properties for which FEMA has issued a letter of map amendment taking
properties and structures out of the floodplain.
The FHDP application includes the following documentation:
1. FHDP Application (Page 6)
2. Floodplain Management Standards Questionnaire.
3. Copy of the Assessor's profile for the subject property.
4. Hand drawn map showing the location of the improvement in relation to the rest of the property.
5. Copy of FIRM Panel #080266-0850C showing the location of the property and improvements in
the floodplain.
The following documentation was added to the FHDP case file:
1. GIS map showing an aerial view of the Applicant's property in relation to the floodplain
2. FEMA FIRMette showing approximate location of the Applicant's property.
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Environmental Health Services
Environmental Health Services has reviewed this proposal. Upon review of our records for the
identified parcel number,there is not an individual sewage disposal system (ISDS) associated with this
request.As there is not an ISDS that is associated with the boat dock and shelter, this department has
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no concern with this proposal. If a septic system is installed in the future the system shall comply with
the Weld County ISDS floodplain regulations.
REQUIREMENTS:
Department of Planning Services
1. The applicant shall request consideration from the Board of County Commissioners for the
partial vacation of USR-1346 for an open pit gravel mine. If approved by the Board of County
Commissioners a new USR-1346 Plat shall be submitted for recording reflecting the
amendment in Special Use Permit boundaries. NOTE: See comment 9 under the Public
Works Requirements.
2. The applicant shall submit written evidence to the Department of Planning Services that the
property described as Part E2SW4 Section 29 Township 2 North Range 68 West and the North
&West of the north Line of CB&Q RR&that part of the NW4SE4 lying North and West of
railroad right-of-way executed under the Denver Utah and Pacific railroad right-of-way has been
reclaimed to the satisfaction of the Division of Reclamation and Mine Safety, and that the Bond
associated with this existing mine has been partially released to reflect the partial vacation of
USR-1346 or has been released in full from all obligations associated with the Division of
Natural Resources.
3. The applicant shall submit a letter to the Department of Planning Services withdrawing
Recorded Exemption (RE-4443)or demonstrate evidence that the location of the boat dock and
overhead shelter are located on lands described as part E2SW4 Section 29 Township 2 North
Range 68 West and the North&West of the north Line of CB&Q RR &that part of the NW4SE4
lying North and West of railroad right-of-way executed under the Denver Utah and Pacific
railroad right-of-way.
4. The applicant shall submit a letter to the Department of Planning Services indicating the
ownership of the water rights to the 30 acre pond, and who has the right to use/maintain/own
the waters associated with the pond.
5. The applicant shall submit a letter to the Department of Planning Services outlining the uses
associated with the ski lake including who uses the ski lake and when it is used.
6. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development
Permit Certificate.
7. Construction shall comply with all requirements/conditions of the Weld County Building Code
and other applicable Codes, Ordinances and standards.
8. 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.
9. Any future structures or uses on site must obtain the appropriate zoning and building permits.
Building Department
1. All residential buildings and accessory structures constructed in a flood hazard area
shall meet the requirements of Section R324 2006 International Residential Building
Code.
2. All buildings and structures erected in areas prone to flooding shall be constructed by
methods and practices that minimize flood damage.
3. Building materials used below the design flood elevation shall comply with the
following:
a. All wood, including floor sheathing, shall be pressure-preservative-treated in
accordance with AWPA U1 for the species, product, preservative and end use or
be the decay-resistant heartwood of redwood, black locust or cedars.
Preservatives shall be listed in Section 4 of AWPA U1.
b. Materials and installation methods used for flooring and interior and exterior walls
and wall coverings shall conform to the provisions of FEMA/FIA-TB-2.
4. All electrical equipment shall be above BFE.
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M-.1PLANNING-DEVELOPMENT REVIENAFHDP-Flood Hazard Development Permd1594 Virginia Shaw Boat Dock 8 ShetterPFHDP-594 Virginia Shaw Conditional Approval Draft.doc
• •
Public Works Department
1. Recreational vehicles and trailers shall be stored onsite for a maximum of 180 days, must be
fully licensed and properly equipped for highway usage, and shall be anchored to prevent
floatation during the 100-year flood event.
2. Structures including boat dock, picnic shelter, and any other floatable structures shall be
anchored to prevent floatation during the 100-year event.
3. Any fill material in the floodplain must be designed to withstand the erosional forces associated
with the 100-year storm, as required under Item 8 of the Floodplain Management Standards on
Page 4 of the Weld County FHDP application instructions.
4. Any future proposed development activities on this parcel that fall within the FEMA-defined 100-
year floodplain shall not cause a rise in the BFE on adjacent or upstream properties or
structures, as required by Item 6 of the Floodplain Management Standards (Page 4 of the Weld
County FHDP application instructions).
5. Any future activities that may cause adverse flooding impacts must be approved through an
amended flood hazard development permit(AmFHDP). Future development activities will
require hydrologic and hydraulic modeling to show that the activity is not adversely impacting
the floodplain on adjacent properties. Future development activities will have to be submitted to
FEMA for their review and acceptance.
6. Future water wells, water supplies, or treatment systems shall be designed and certified by a
registered professional engineer to prevent inundation or infiltration of floodwater into such a
system by the 100-year flood.
7. Future sanitary sewer systems shall be designed and certified by a registered professional
engineer to prevent inundation or infiltration of floodwater into such a system by the 100-year
flood. The system must comply with the Weld County I.S.D.S. code.
8. Future development shall be in compliance with all Federal, State, and Local codes in effect at
the time the development occurs.
9. Prior to vacation of any portion of USR-1346, it must be demonstrated that the gravel pit
reclamation has not adversely impacted adjacent neighbors and has not modified the FEMA-
designated floodplain. In order to show that the floodplain has not been modified, it may be
necessary to compare pre-mining topography to the reclamation topography and show that the
floodplain has not been adversely modified in terms of base flood elevations or extents of the
floodplain limits.
RECOMMENDATIONS:
The Weld County Public Works Department can conditionally approve this FHDP application at this
time.
Sincerely,
it, IL
Clay I mini, P.E., C.F.M.
Weld County Public Works
Original: Michael&Virginia Shaw,Applicant
CC to File: FHDP-594
PC by Post: Kim Ogle,Planning Services
Frank Piacentino,Building Inspections
Lauren Light,Environmental Health
Lin Dodge,Planning Services
Michelle Martin,Planning Services
Page 4 of 4
M 1PLANNING—DEVELOPMENT REVIEVVWHDP-Flood Hazard Development PermR1594 Virginia Shaw Boat Dock&SheltertHDP-594 Virginia Shaw Conditional Approval Draft.doc
•
April 30, 2009
Ms. Michelle Martin
c/o Department of Planning Services
Southwest Weld County Service Center
4209 WCR 24.5
Longmont, CO 80504]
Dear Michelle:
This is to inform you that we still wish to keep our application for a
recorded exemption on file. We are interested in completing it (as per our
meeting with you on Monday of this past week), but due to complications
beyond our control with LaFarge, we are unable to do so at this time.
Thank you for your help in this matter. Please do not hesitate to call should
you have questions.
Sincerely,
Michael S. & Virginia Shaw
P.O. Box 1227
Longmont, CO 80502
Ph: 303-772-'1297
•
IttoT
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
O mmartin@co.weld.co.us
PHONE: (720) 652-4210, Ext. 8730
COLORADO FAX: (720) 652-4211
March 9, 2009
SF2 LLC
c/o Virgina and Mike Shaw
PO Box 1227
Longmont CO 80502
Re: Conditions of Approval: Recorded Exemption(RE-4443)
Dear Applicants:
On July 25, 2006 your application for a Recorded Exemption was administratively approved by the Weld
County Department of Planning Services with specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. In addition
to the Mylar Plat all conditions outlined in the staff needs to be completed. Should you choose not to complete
the Recorded Exemption process and provide the required Mylar Plat,the Department of Planning Services
will need to be notified in writing of your decision to withdraw the application.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval
normally associated with land use cases, and is willing to work with you in completing your request. Please
notify the Department of Planning Services, in writing,within 10 working days of your decision.
If you have further question, please contact me at the above address or call(720)652-4210 x 8730.
Sincerely,
74-/
Michelle Martin
Planner II
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