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Home My WebLink About20110962.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #5079 - DOUGLAS AND LAURI SUTTON 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 #5079 was submitted by Douglas and Lauri Sutton, 17624 County Road 88, Pierce, CO 80650, for property which is located on the following described real estate, to-wit: Lot D of Recorded Exemption #4058; being part of the N1/2 of Section 36, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicants 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 #5079, 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 three (3) additional parcels at approximately 25, 5.7 and 6.5 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 Douglas and Lauri Sutton for Recorded Exemption #5079 be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicants shall address the requirements of Weld County School District RE-9 as stated in the referral response, dated April 7, 2011. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The existing thirty (30) foot access easement indicated on the recorded RE-4058 plat (Reception No. 3296474) shall be vacated. A copy of a recorded easement vacation document shall be submitted to the Weld County Department of Planning Services. 2011-0962 Pb , Iq � RE5079 543 -/l RE#5079- DOUGLAS AND LAURI SUTTON PAGE 2 C. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation improvements (access improvements, stop sign, roadway drainage). The agreement, and form of Collateral, shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the Recorded Exemption (RE) plat. As an alternative, the applicants shall submit evidence that all of the work has been completed, reviewed, and approved by the Weld County Departments of Planning Services and Public Works. D. No new access points to County Road 88 shall be granted. The applicants shall submit covenants and establish a Homeowner's Association (HOA), or provide a long-term road maintenance agreement with all seven (7) current, and future, users of the access roadway to provide for future maintenance, snow removal, and upgrades of the access roadway. The covenants or agreement shall be reviewed by the office of the Weld County Attorney and the Department of Planning Services. Upon approval, the applicants shall submit finalized copies of the amended covenants or agreement and the appropriate fee($11 for the first page and $5 for each additional page)to the Weld County Department of Planning Services for recording in the office of the Weld County Clerk and Recorder. E. Lots A, B and C 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 shall not include reserved road right-of-way. F. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. G. The applicants 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. 0553-36-1 RE-5079 B. A sixty(60)foot wide joint access and utility easement for Lots A, B, C, and D of RE-5079, and Lots A, B, and C of RE-4058 shall be shown clearly on the plat. The joint access and utility easement shall be dedicated for the use, as shown, using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be constructed,graded and drained to provide all weather access. The access easement shall also indicate a 65-foot radius cul-de-sac as a turnaround for residents and emergency vehicles at the termination of the access road. 2011-0962 RE5079 RE#5079- DOUGLAS AND LAURI SUTTON PAGE 3 C. The Reception No. for the easement document vacating the 30-foot access and utility easement indicated on the RE-4058 plat shall be indicated on the RE-5079 plat. D. All approved accesses shall be clearly shown on the plat. E. County Road 88 is designated on the Weld County Road Classification Plan as a local paved road, which requires sixty (60) feet of right-of-way at full buildout. The applicants shall verify the existing right-of-way and the documents creating the right-of-way, and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 3. The following notes shall be placed on the plat: A. All proposed or existing structures will 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 Section 23-3-10 of the Weld County Code. B. Any future structures or uses on site must obtain the appropriate zoning and building permits. C. Lots A, B, and C are not eligible for a future land exemption, in accordance with Section 24-8-20.C.3 of the Weld County Code. D. All structures requiring building permits shall be located within the designated building envelope. E. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot D may not be able to obtain building permits. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map 080266 480 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, and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 2011-0962 RE5079 RE #5079- DOUGLAS AND LAURI SUTTON PAGE 4 F. Flood hazard development permits will be required for development activities located within the FEMA mapped Spring Creek Floodplain. G. The installation of any septic system within the 100-year flood plain shall comply with the Weld County Individual Sewage Disposal Systems(I.S.D.S.) Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. H. Prior to the release of building permits, the applicants 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. I. Prior to the release of building permits, the applicants shall submit evidence to the Department of Planning Services that Lots A, B and/or D have an adequate water supply of sufficient quality, quantity and dependability. J. Prior to the release of the building permit, the applicants shall submit evidence of approval from the Ault-Pierce Fire Protection District to the Weld County Department of Building Inspection. K. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicants/landowners shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. L. Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. M. 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. N. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. O. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee 2011-0962 RE5079 RE #5079- DOUGLAS AND LAURI SUTTON PAGE 5 and the Stormwater/Drainage Impact Fee Programs. P. Potential Purchasers are hereby notified that a Confined Animal Feeding Operation (SUP-179 Dairy) and (SUP-174-Feedlot)are located directly east and north of the intersection of County Roads 37 and 88, and east of County Road 37 and north of County Road 90. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens; and odors from animal confinement, silage, and manure. Q. Prior to the release of building permits on Lots A, B and/or D, 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. R. 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. 4. Any proposed subdivision adjacent to, or contained within,this Recorded Exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 5. The applicants 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 applicants shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Weld County Department of Planning Services. 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 of the Board of County Commissioners Resolution. The applicants shall be responsible for paying the recording fee. 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 of the Board of County Commissioners Resolution was signed, a $50.00 recording continuance charge may be added for each additional three (3) month period. 7. 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 orArcGIS 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. 2011-0962 RE5079 RE#5079- DOUGLAS AND LAURI SUTTON PAGE 6 8. The Weld County Board of County Commissioner's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should the applicants be unwilling or unable to meet any one of these conditions within sixty (60) days of approval, this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2011 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .- ••S_ A litr (NAY) rbara Kirkmeyer, hair Weld County Clerk to the B 6@i 4p - BY: (' pd� ,` ��'�. .� mean P , Pro-Tem i�f'.f�li �-1 iii ,�' Deputy Clerk to the Board (AYE) Willia� cta VED M: (AYE) avid E. Long ou ty Attorney NW tic c .qtr.'- Dougla7 Racier- her Date of signature: 57/2# 2011-0962 RE5079 tt DEPARTMENT OF PLANNING SERVICES IC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO PLANNER: Chris Gathman HEARING DATE: April 18, 2011 CASE NUMBER: RE-5079 APPLICANT: Douglas & Lauri Sutton ADDRESS: 17624 County Road 88, Pierce, CO 80650 REQUEST: Four-Lot Recorded Exemption LEGAL DESCRIPTION: Lot D of RE-4058; Part of the N2 of Section 36, T8N, R66W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0553 36 100063 PARCEL SIZE: +/- 165 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: Proposed North Weld County Water District Lot B: Proposed North Weld County Water District Lot C: Existing North Weld County Water District Meter#3532 Lot D: Proposed North Weld County Water District SEWER SOURCE: Lot A: Proposed septic system Lot B: Proposed septic system Lot C: Existing septic system Permit#SP-0400216 Lot D: Proposed septic system Description: The Department of Planning Services administratively approved RE-4058 (a four-lot recorded exemption) and the RE-4058 plat was recorded on June 21, 2005. The applicants are now proposing to split Lots D of RE-4058 into three additional lots. This would increase the number of lots from a total of four (4) to a total of seven (7) lots. Three (3) of the existing lots have single family residences with one (1) lot currently vacant. The existing parcels are accessed by a 30-foot access and utility easement that is privately maintained. The applicant has some covenants/provisions regarding the type of residences allowed on the properties but there is not a formal/written agreement in place detailing road maintenance of the existing 30-foot access and utility easement. 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 Section 24-8-40.A through 24-8-40.O of the Weld County Code: SERVICE,TEAMWORK,INTEGRITY,QUALITY 2011-0962 Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." -The proposed recorded exemptions will be sharing a common access. The number of lots to be created (a total of 7 if this recorded exemption is approved) is consistent with a non-urban scale subdivision or Planned Unit Development(PUD). A PUD process is the appropriate process to address this proposal as the recorded exemption process does not provide the appropriate review process to address concerns such as access and drainage requirements. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. E. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. G. Safeguarding the interests of the public, the homeowner and the subdivider. Staff believes that the number of lots sharing a common access road is a non-urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and is not adequate to address issues such as but not limited to access maintenance and drainage concerns. There is also not a public notice requirement for recorded exemptions which is required for non-urban scale PUDs to allow neighbors and the public to express their concerns/issues with the development. 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. The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response dated April 7, 2011. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The existing 30-foot access easement indicated on the recorded RE-4058 plat (reception No. 3296474) shall be vacated. A copy of a recorded easement vacation document shall be submitted to the Department of Planning Services. C. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation improvements (access improvements, stop sign, roadway drainage). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the RE plat. As an alternative, the applicant may submit evidence that all the work has been completed and reviewed and approved by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) D. No new access points to County Road 88 shall be granted. The applicant shall submit covenants and establish a Home Owner's Association (HOA) or provide a long-term road maintenance agreement with all seven (7) (current and future) the users of the access roadway to provide for future maintenance, snow removal and upgrades of the access roadway. The covenants or agreement shall be reviewed by the County Attorney's Office SERVICE,TEAMWORK,INTEGRITY,QUALITY and the Department of Planning Services. Upon approval, the applicant shall submit finalized copies of the amended covenants or agreement and the appropriate fee ($11 for the first page and $5 for each additional page) to the Department of Planning Services for recording in the Office of the Clerk and Recorder. (Departments of Public Works and Planning Services) E. Lots A, B and C 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 shall not include reserved road right-of-way. F. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. G. 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. 0553-36-1 RE-5079 B. A 60 foot wide joint access and utility easement for Lots A, B, C and D of RE-5079 and Lots A, B and C or RE-4058 shall be shown clearly on the plat. The joint access and utility easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be constructed, graded and drained to provide all weather access. The access easement shall also 65-foot radius cul-de-sac as a turnaround for residents and emergency vehicles at the termination of the access road. C. The reception No. for the easement document vacating the 30-foot access and utility easement indicated on the RE-4058 plat shall be indicated on the RE-5079 plat. D. All approved accesses shall be clearly shown on the plat. E. County Road 88 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. 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. All setbacks shall be measured from the edge of future right-of- way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 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. 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot D may not be able to obtain building permits. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 480 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 and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 6) Flood hazard development permits will be required for development activities located within the FEMA mapped Spring Creek Floodplain. 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 within the floodway. 8) 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. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B and/or D has an adequate water supply of sufficient quality, quantity and dependability. 10) Prior to the release of building permit, the applicant shall submit evidence of approval from the Ault-Pierce Fire Protection District to the Weld County Building Department. 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. 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 13) 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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 subject site 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) Potential Purchasers are hereby notified that a confined animal feeding operation (SUP-179 —dairy) and (SUP-174 —feedlot) are located directly east and north of the intersection of County Roads 37 and 88 and east of County Road 37 and north of County Road 90. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 17) Prior to the release of building permits on Lots A, B and/or D, 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) 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 5. 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 of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 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 Board of County Commissioner's resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. 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 dhuerterco.weld.co.us 8. The Weld County Board of County Commissioner'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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 1861 - 2011 Weld County } WELD__-COUNTY C[ ), ' W S� February 15, 201 r FEB 1 6 9011 F' n COON fY PUBLIC VIM'S r The Weld County Department of Planning Services has received the following item for riVt?w. Applicant Douglas & Lauri Sutton i Case Number l RE-5079 Please Reply By March 15, 2011 Planner Chris Gathman Project Four-Lot Recorded Exemption Legal Lot D RE-4058; Part of the N2 of Section 36, TBN, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 88; approximately 300 feet west of CR 37. For a more precise location, see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ,ISee attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ....1.: — vl�,,/ /: 4t�— Date 3 - I c- (1 Agency PMbUc IIIQI'Is '•Weld County Planning Dept. C•1555 N 171h Ave, Greeley, CO. 80631 C•(970)353-6100 ext.3540 4(970)304-6498 fax RECEIVED 1 8 6 1 - 2 0 1 1 MEMORANDUM MAR 1 82011 Weld County riannn,g Department GREELEY OFFICE i(vV TO: Chris Gathman, Planning Services DATE: March 15, 2011 WE L DEC O U N T Y FROM: Heidi Hansen, P.E., Public Works Department AO- SUBJECT: RE-5079, Douglas & Lauri Sutton The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 88 is a local paved road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. The applicant is proposing to utilize the existing shared access for Lots A, B and C and the existing agricultural access for Lot D. A portion of Lot D is located within the FEMA mapped Spring Creek Zone A 100-Year Floodplain and/or possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. The applicant indicates that Lot D is to remain agricultural with no new buildings planned. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities. However, at such time as the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. REQUIREMENTS: 1. The applicant shall utilize the existing accesses. 2. Please place on the plat a 60-foot wide access easement to allow for access to proposed Lots A, B and C as well as the 3 existing Lots from RE-4058. The existing 30-foot easement for the RE lots can be included in the 60-foot easement. 3. Please provide a cul-de-sac (65-foot radius) within an access easement as a turnaround for residents and emergency vehicles at the termination of the access road. 4. The applicant shall install a stop sign at the exit of the access road on to WCR 88. 5. It is highly recommended that the applicant establish a Home Owners Association (HOA) or other agreement with the users of the access roadway to provide for future upgrades and maintenance of the access roadway. 6. Add the following notes to the Plat: a. Weld County is not responsible for the maintenance of the shared private access. b. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Page I of 2 U:\Referrals\RE\RE-5079\PW-RE-5079.docx 7. Add the following notes to the Plat: a. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot D 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 0480c 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. b. Flood hazard development permits will be required for development activities located within the FEMA mapped Spring Creek Floodplain. c. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. pc: RE-5079 Pane 2 of 2 U:\Referrals\RE\RE-5079\PW-RE-5079.docx Memorandum TO: Chris Gathman, W.C. Planning DATE: March 10, 2011 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5079 NAME: Sutton Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 161.2 acre parcel. Proposed Lot A will be 5.7 acres, proposed lot B will be 6.5 acres, proposed lot C will be 25 acres and proposed Lot D will be 124 acres in size. There is an existing residence on proposed lot C which is served by North Weld Water District (meter 3532) and an individual sewage disposal system (permit SP-0400216). Proposed Lots A, B and D are vacant and a new sewage disposal system and individual taps from North Weld Water District will be installed on each lot when a residence is constructed. A portion of proposed lot D is located in the floodplain. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property 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. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Please contact Weld County Public Works to verify flood plain vs. floodway. 04/10/2011 04:22 970-834-1347 WELD SCH DIST RE 9 PAGE 03/03 186I - 20II Yf� (►i W E L �' O N T Y Weld. County Referral February 15, 2011 The Weld County Department of Planning Services has received the following item for review: Applicant Douglas& Lauri Sutton Case Number RE-5079 Please Reply By March 15.2011 anner Chris Gellman Project Four-Lot Recorded Exemption Legal • Lot D RE-4058; Part of the N2 of S Ion 36,TBN,R66W of the 6th P.M.,Weld _ County,Colorado. Location South of and adjacent to CR 88;app ximately 300 feet west of CR 37. For a more precise location, see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recom ndation. My comments or recommendation you consider relevant to this request would be appreciat . Please reply by the above listed date so that we may give full consideration to your recommendation, y response not received before or on this date may be deemed to be a positive response to the Dap rtment of Planning Services. If you have any further questions regarding the application, please call the tanner associated with the request. Please note that new information may be added to applicatio s under review during the review process. If you desire to examine or obtain this additional info atlon, please call the Department of Planning Services. o We have reviewed the request and find that it does/do s not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts wit our Interests. B ee attached letter.. o Please notify me of any public hearings regarding this quest. Comments: Signature • Date Opp; I 74 2n IL Agency ♦Weld County Planning Dept +1555 N 17th Ave, Greeley,CO.90 31 8(970)353-8100 sxt3540 8(970)304-6498 fax 04/10/2011 ��04:22 970-834-1347 WELD SCH DIST RE 9 PAGE 02/03 t► ice,, 4c\ Weld R 9 School District ► \ _ • April7,2011 Douglas and Lauri Sutton RE#5079 • Dear Douglas and Lauri Sutton The Weld RE9 School District has received oti.fication from the Weld County Planning Department regarding your request for record d exemption. The recorded exemption application shows a creation of three lots in addition to the original parcel for the purpose of future resid tial development, The Weld RE9 School District has established a methodology to d ' e in-lieu of land payment for new residential units created by the subdivision ' land in order for the District to purchase ' land which will house fixture school buildin for the purpose of educating the children living in these potential residences. The total in-lieu of land payment per lot tilted for residential purposes is $759. Therefore, your obligation to the Weld School District is $2,277 for recorded exemption#5079. Payment can be hand delivered to: • Weld RE-9 School Di Administration Office 210 West irst Street Ault,C lorado - or mailed to:. Weld RE-9 S ool District P.O.B 68 Ault,Colors o 80610 Please include your Recorded Exemption number for reference. A receipt will be mailed to the party requesting the exemption. Please direct any questions to Robert Ring,Jr. .Superintendent of Schools,210 West First Street,Ault CO 80610,or by calling(970)834 1345. Sincerely; Robert Ring,Jr. ` J Superintendent of Schools . Weld RE-9 School District Submit by Email Print Form 1861 - 2011 WELD�COUNTY Weld County Referral IFebruary 15, 2011 The Weld County Department of Planning Services has received the following item for review: Applicant Douglas & Lauri Sutton Case Number RE-5079 Please Reply By March 15, 2011 Planner Chris Gathman Project Four-Lot Recorded Exemption Legal Lot D RE-4058; Part of the N2 of Section 36, TBN, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 88; approximately 300 feet west of CR 37. For a more precise location, see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. © We have reviewed the request and find that it does/does not comply with our Comprehensive Plan El We have reviewed the request and find no conflicts with our interests. O See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer under the above name and/or parcel number,no violations were noted. p I, Signaturet I� Date 02/15/2011 Agency ning Compli ce Office II +Weld County Planning Dept. +1555 Nit Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 .+(970)304-6498 fax I _ I I RECEIVED 1 86 1 - 20 1 1 FEB 18201 Weld CountGRE Planning EYF CFrtmem GREELEY OFFi��E W E L DEC o T Y Weld County Referral February 15, 2011 The Weld County Department of Planning Services has received the following item for review: Applicant Douglas& Lauri Sutton Case Number RE-5079 Please Reply By March 15, 2011 Planner Chris Gathman Project Four-Lot Recorded Exemption Legal Lot D RE-4058; Part of the N2 of Section 36, T8N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 88; approximately 300 feet west of CR 37. For a more precise location, see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan shave reviewed the request and find no conflicts with our interests. 0 See attached letter. 0 Please notify me of any public hearings regarding this request. Comments: 0.ii / Signature yJ Date - /( �PdE5TGREECEP CDRSERVATIOR uisixiL� Agency •-Weld County Planning Dept. +1555 Nit Ave, Greeley,CO. 80631 +(970)353-6100 ext.3540 ••x(970)304-6498 fax Chris Gathman From: SCOTT WAGNER [scowag@msn.com] Sent: Tuesday, April 12, 2011 8:42 PM To: Chris Gathman Subject: RE: RE-5079 (Sutton) referral Attachments: image003.png Chris Gathman, I have looked over the referral and I do not have any comments on this case. The access is still similar to what it has been in the past for the other homes in the area. Scott From: apfd©aultniercefire.net To: scowao@msn.com Subject: FW: RE-5079 (Sutton) referral Date: Fri, 8 Apr 2011 00:36:45 +0000 From: caathman(alco.weld.co.us To: anfd(thaultoiercefire.net Date: Thu, 7 Apr 2011 08:41:56 -0600 Subject: RE-5079 (Sutton) referral Dear Chief Wagner, I was just double checking to see if you have any referral comments/concerns regarding this case. We will be presenting this case before the Board of County Commissioners next week and I am making sure that we have any potential conditions covered. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 6 T II WE C i)U N T I b.0 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return 1 02/18/2011 FRI 14: 57 FAX 970 934 2199 TOWN OP AULT ZI001/001 • • • . 1861 - 2011 W E L�►��O N T Y Weld County Referral February 15, 2011 The Weld County Department of Planning Services has received the following item far review: Applicant Douglas&Laud Sutton Case Number RE-5079 Please Reply By March 15, 2011 . Planner Chris Gathman Project Four-Lot Recorded Exemption Legal • Lot D RE-4058; Part of the N2 of Section 36,TBN, R66W of the 8th P.M.,Weld County, Colorado. • Location South of and adjacent to CR 88; approximately 300 feet west of CR 37. For a more precise location,see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process. • If you desire to examine or obtain this additional Information, please call the Department of. Planning Services. O�have reviewed the request and find that it does/does not comply'wlth our Comprehensive Plan tS We have reviewed the request and find no conflicts with our Interests. D See attached letter. • ❑ Please notify me of any public hearings regarding this request Comments: • • • Signature Date lit /y Agency *Weld County Planning Dept. *1555 N 174 Ave.;Greeley,CO.00631 6(970)353-0100 ext.3540 *(970)304-0496 fax Submit by Email Print Form RECEIVE ,. 1861 - 2011 FEB1B ? . Weld County Plan GREEI.EY Gi WELO NTY Weld County Referral I ( February 15, 2011 The Weld County Department of Planning Services has received the following item for review: Applicant Douglas & Lauri Sutton Case Number RE-5079 Please Reply By March 15, 2011 Planner Chris Gathman Project Four-Lot Recorded Exemption Legal Lot D RE-4058; Part of the N2 of Section 36, T8N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 88; approximately 300 feet west of CR 37. For a more precise location, see legal. Parcel Number 0553 36 100063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. o We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. O See attached letter. • Please notify me of any public hearings regarding this request. Comments: fma .t a pn,y n, 4 ret /knew w Signature Date .,//1'iiio/i Agency at +Weld County Planning Dept. 41555 N 171h Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax REFERRAL LIST Name: Douglas & Lauri Sutton Case#: RE-5079 County Towns & Cities Fire Districts _Attorney x Ault x Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring Dacono _Brighton F-3 x Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 x Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 _Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services Milliken F-11 _Greeley _ _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner x North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology x Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties x GreeleyNVest Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-9 USDA-APHIS Vet Service _Central Colo. Water Cons Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Collins Lateral Ditch Airport Company Federal Communications Comm _Art Elmquist(MUD Area) rf �KK� • • /' RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 5 5 3 - 3 6- - I - G O - O 6 3 (12 digit number-found on Tax I. information,obtainable at County Assessor's Office,btaibl the Weld or www.co.weld.co.us) 1.01- ea t �g68 Legal Description PAR i N /1 , Section 3 u!Township c� North, Range66W�est Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ✓ No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_ No ✓ FEE OWNER(S) OF THE PROPERTY: Name: Deer-,t:4 M\.:i LAURI SU i TOIv Work Phone#9To 'tlt3icog Home Phone#i7o $3'i 1009 Email Address ctand)SwH-c,.t!•--}t,In6;r ;tt + Address: I-1L,z4 c2 EY City/State/Zip Code ;' 'Eizc_ co f_'cic•S0 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: AAn E Work Phone# Home Phone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source Noon, vt/etc Nofr/-r ,•vcca NO/er/- w<<o N0a>./ w ere 4. t.2/t1 re rt TA/' L..--;4,7,,-/(' TAP ,.vA7e-2 TAP u/A 7e/1 . Type of Sewer 5i_Prrc SePrrc ,54>Prrc 5;PTJC Proposed Use RE 5 z a evvri,4 c- Rr`sror /7tt41 reeszoefv id me- AGr2IcYc i vreAc Acreage 5. 7 6, s- z 5 / 2 Y Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: ' If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state:proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included sho 'fig the signatory has the legal authority to sign for the corporation. g fv�j{z��t� g ter- //i L I/l 6 I I I ignature: ner or Authorized Agent at Si u e: Own rized Agent Date -4- Recorded Exemption (RE) Answers to Questionnaire la. Proposed sites A& B water will be supplied by North Weld County Water District, commitment letter included. Proposed site C is currently being supplied by North Weld County Water. lb. Proposed sites A,B & C will not have irrigation water supplied and no irrigation water was removed. Proposed site D will continue to be supplied irrigation water by the Collins Ditch Lateral. 2. An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements for sites A& B. Site C has an existing septic that was permitted and installed in 2004 3. Proposed sites A,B are empty lots with no oil or gas wells. Site C has one existing house and barn. Site D will continue to be agricultural and farmed. 4. Proposed site A is approximately 5.7 acres in size and located south of and adjacent to CR 88 and the north boundary, west of and adjacent to existing access road and the east boundary of the property. Proposed site B is approximately 6.5 acres in size and is located east of and adjacent to existing access road and east boundary and south of and adjacent to previous RE lot C and north boundary of the property. Both sites A and B are being created to be sold for single family dwelling. Proposed site C is approximately 25 acres in size and is located south of and adjacent to existing access road and the north boundary, north of and adjacent to east west section line and the south boundary of the property. Site C is a single family dwelling site and is not planned to be sold. 5. Proposed sites A and B do not have any unique physical characteristics to mention. Proposed site C has the Collins Ditch Lateral running along the western edge of the property. 6. No building envelopes are requested. 7. No Business or Use by Special Review permit requested. r _ QV ?iallrIIIIW, Weld County Public W' Dept. • t < 1111H Street ACCESS PERMIT ,o,: aa5ca P.O. Box 758 �G ��'= Y�/ Greeley, Co 80632 APPLICATION FORM /c '1•40 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name ,2O6/G/- 5 5 /- r %O - Name Company - Address Address 17 6 2 '/ WCR B b City State Zip City Pr/Ewer- state Co Zip 9O65 O Phone PoME Busiacs., Phone 970 - &3Y- XO0 `9 Fax Fax Le-it 970 - `/rz -"dog. E-mail E-mail 044/0Z-.5-4/2-7O/1/ 77-'4-,^Az/.'. We, •= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR S5 Nearest Intersection: WCR c3 b &WCR 3 1 WCR SS A Distance from Intersection -C 14 p14 ci=. i A Parcel Number GC M Section/Township/Range 367 8 NO& / /CGcucs ra. 7 3 A`, 3 Is there an existing access to the property? ES NO N I 1 Number of Existing Accesses a Road Surface Type &Construction Information Asphalt Gravel X Treated Other WCR Culvert Size &Type Z " Cnt Materials used to construct Access /92'0 r/6-2RvEC_ ,-n-577k° , Construction Start Date ..------ Finish Date Proposed Use c Temporary (Tracking Pad Required)/$75 ingle Residential/$75 o Industrial/$150 D Small Commercial or Oil & Gas/$75 o Large Commercial/$150 o Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? IX D USR c RE c PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is b agrees to comply with all said permit requirements and provisions,all Weld County ordinances, and state laws regardin acilities constkuction. ,r - -- - Signatu / .--ce- rr 1.-e- 4� Printed Name L'a'v6.':" 5O • ?') ate !/ b//( J l Approval or Denial will e issued in minimum of 5 days. Approved by Revised Date 6/29/10 Douglas & Lauri Sutton RE-5079 Planner Chris Gathman • --H. ll Th. \ \ 1 '/ • : I : . . �. . \ : \.\\\.\\ Kr Thi 51 52 ) ‘\, , ♦� f4 y t�-i' 145 .�' .. l V K , \\ \ \ \1/4,. - 46 • 1 , p1.fi f•Y -�� - - �, = 51 rt tx:� • . ,M - ---� _ :County I"- . . . _ . :A -1�. .., ..-. . - -.• - .___. _ _ --- r-rsaw ... '�... -..w.-rai��i3.—. ...�.. ... .-.r._._..+- --•.si^— .�s • tom. _ siiiik. . . - \mi ti i N , r 4 �. . 5, • . . 'r tit_ 4 1 ----...„.„. , "t .•FFF..T e y W 4- t ♦ . '1°1 I �j , .. l ; .., Y- f y ii 4 . . : .( '1 • •. . , • • ..t, ,.. . -_ • r `. ,, ... . . , • ... , , . ., u . _ • . ._ I,. .• , .,•-i: -; , ,...-- •,.,. . .... ,rte Y It ..,- . ♦ j •yam, s't7 'J" 0.% .•.,). , 1 , 1 .r ; � . . = A • a: i. a . is .'' ._, � r - , 14 4 .,.. , ,, ,:.,, , . . • ... . •. .. . . . , . ...... . ...„ ,:4-1,-• �`•� ° �i Ill It I fi -tom, 'k♦ i • i 1�4 r ^1 „ltd. ',if, t ? (. z. • �� } i*Iy. v7 ' mi. I t I. •• hi 'sae 1 - lid I 1 �` fry" \. F• 21 • ##. . • 1 47 C. w}. 0 0 . 25 0 . 5 1 ;J il tt1t .: i 17 t y • I • ‘ ;. ,.. ` ; � . . .t: i =LH lot 0 Soap;$0 44eip- PI _ .. ... . . . . • , L ,..3 - ', { ° — S ! %; S ' N Don .- a. l •/• it ec W � g 37 ~' .y .. .' ,•, t, �T _ L f , • • • yy s .. I. .} T i1/4-4 ,01:\ _ . co 7. 1 ^' ti. P ' �a . - , { a. y C...:3 \St 3 Ar VtAl ` 1. ` - �' �`, a F el s1/43.% 1s. ll to J I It dab Ile i •9...m • • . w' ` • O. • • .r • Pk,Mi 1 .1 • 1' Ma i •,r %f._• . , ��.- --mss`` .i. • • • • • ,�L ei - - 1•, 0 • i C - `7 L • t_. • 2. -lit K I ill. •. ‘;1'.' s7 Ie. . r,- 35 -1 tt` .}t A ' ..� �•• - may\ IIIIIIIIIIII MINN 110111111III11111IIIIIill • 3168880 04/08/2004 12:02P Weld County,CO O 1 of 2 ft 11.00 0 26.00 Slew Moreno Clerk&Recorder 0p WARRANTY DEED THIS DEED, Made this 3 ' day of March, 2004 between Ronald/Erbes and Trina L. Erbes of A the County of Weld and Sta te of CO, grantor, and Douglas D. Sutton and Lauri S. Sutton 00 �.,r /�14� GoatWi/}/ CC 8�,5 /j whose legal address is y' v'�-' of the County of Weld and State of CO, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED SIXTY THOUSAND AND 00/100, ($260,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and Cpl/assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, ^ together with improvements, if any, situate, lying and being in the County of Weld jSJ and State of Colorado, described as follows: SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as TED, Pierce, CO 80650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the gr for himself, his heirs and personal representatives, does covenant, grant, gain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed th' ee on the da a set forth above. eM� — Rona Erbe - Trina L. Er es STATE OF COLORADO ss. The foregoing instrument was acknowledged before County of Weld } me this a5zF' day of March, 2004 by Ronald Erbes and Trina L. Erbes ,83 Witness my hand and official seal. C! My (mission expires B/jS/O 7 NOTARY PUBLIC 1009 37th Ave. Ct., Ste. 101 No. 921A. Rev. 3-85 Greeley, COLORADO 90634 LTG � T • 11111111111111111111111 I I 111111111111101 3168880 DI MMIX4 12:02P Weld County,CO 2d 201110 0 26.00 Steve Moreno Clerk&Recorder ESCROW NO. : 71140 DATE March 24 2004 "EXHIBIT A" LE(AT DESCRIPTION Amended Lot C of Amended Recorded Exemption No. 0553-36-2-AMRE-2412, recorded November 18, 1999 as Reception No. 2733399, being a part of the N1/2NW1/4 and the WI/2NE1/4 of Section 36, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado. Also Amended Lot B of Amended Recorded Exemption No. 0553-36-1-AMRE-1791, recorded November 18, 1999 as Reception No. 2733398, being a part of the N1/2 of Section 36, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado. *Together with one share of The Collins Ditch Company • • • WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411Ftflletj Permit#: SP-0400216 Sec/Twn/Rng: 36-08-66 Status: ISSUED Owner: SUTTON DOUGLAS & LAURI Applied: 06/15/2004 Applicant: SUTTON DOUGLAS & LAURI Issued: 11/22/2004 Permit Type: RNEW C=Commercial,R=Residential+NEW,REPair,VauLT Finaled: / ' , Parcel #: 0553-36-1-00-059 Location: 17624 CR 88 Legal Description: Installer: Se\c to -kco\ eri Description: HOUSE Commercial: N Residential:Y Acres: 186 # of Persons: 4 Basement Plumbing: Y # of Bedrooms: 4 Bathrooms - Full: 3 3/4: 0 1/2: 0 Water Public: Y Water Source: NORTH WELD Water Private: N Cistern: N Well: N Well Permit#: Percolation Rate: 22.8 Limiting Zone: 8 ft 0 in Description: % Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers* Septic Tank: 1250 gallons Absorption Trench: 900 square feet or Absorption Bed: 1212 square feet Actual Installation Septic Tank: i'-cic. gallons Absorption Trench: square feet Absorption Bed: :ScY'> square feet Design Type: C. > • Chamber Model NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10,Title 25, CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is non transferable and non refundable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. x "_s. t ___ ( l l• ,a2• cc/ EnL'irorimental Health Specialist Date Form:S_FINAL BOARD OF DIRECTORS NORTH WELD C•TY WATER DISTRICT CHARLES ACHZIGER 0 � 32825 CR 39 • LUCERNE, CO 80646 RALPH PRIOR NELS NELSON DON POSSELT, DISTRICT MANAGER r, 1 1 GENE STILLE P.O. BOX 56 • PHONE (970)356-3020 • FAX (970) 395-0997 ROBERT ARNBRECHT � wA www.nwcwd.org • e-mail: water@nwcwd.org February 2,2011 Revised From November 23, 2010 Douglas Sutton 17624 WCR 88 Pierce, CO 80650 970.412.3608 This letter is in response to your inquiry regarding water service to the following described property, Approx. 17740 WCR 88, Proposed Lot A;Approx. 17750 WCR 88, Proposed Lot B;Approx. 17624 WCR 88, Proposed Lot C; Approx. 17738 WCR 88, Proposed Lot D and in a portion of the N '/2 of Section 36,T8N, R66W of the 6th Prime Meridian. (See attached North Weld County Water District sketch) Parcel 055336100063 1. Water Service is presently being provided to the above mentioned property through meter#3532 located at 17624 WCR 88 also known as Proposed Lot C. 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed, a Physical Address,and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 5. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson (CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 6. Tap Options and Requirements Raw Raw Water Plant Distance Meter Water Allocation Plant Investment Water Storage Fee Investment Fee Set (Annually) Allocation Fee (Annually) Full Standard 100% 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons Tap Lot Size greater than 0.33 Acres( 14,500 sq ft) 75%Tap I 75% 75% I 75% I 75% ( 100% I I 171,000 Gallons I 171,000 Gallons Lot sizes greater than 0.20 acres(8,800 sq ft)but less than 0.33 Acres(14,500 sq ft)OR Restrictions landowners with verifiable irrigation rights or well permits for outside water use 50%Tap I 50% 50% I 50% I 50% 1100% I I 114,000 Gallons I 114,000 Gallons Lot size less than .2 acres(8,800 sq ft)OR with a Board Approved Irrigation System OR a Restrictions Board Approved Commercial Enterprise Conservation 100% 100% 0 0 100% 228,000 Gallons' 0 Gallons Blue Tap If Qualified,taps may be used in combination with Conservation Tap(i.e.50%Water with a Restrictions Conservation 0 Plant Investment) 'Gallons may vary depending on qualifying combination A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons=Annual Allocation. (i.e.Water Allocation 5 x 228,000= 1,140,000 gallons Annual Allocation) Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment. See Page 2 for Rates. N:\Legal Documents\Letter of Intent\2010\SuttonDouglas(11-23-10).doc 1 of2 BOAFk) OF DIRECTORS k NORTH WELD CC.JTY WATER DISTRICT CHARLES ACHZIGER Q� �� 32825 CR 39 • LUCERNE, CO 80646 RALPH PRIOR 2 / ® DON POSSELT, DISTRICT MANAGER NELS NELSON ` GENE STILLE P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 ROBERT ARNBRECHT wA l 1.‘k www.nwcwd.org • e-mail: water@nwcwd.org Revised From November 23, 2010 February 2,2011 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) $7,500 Meter Set Fee Lot A $1,600 Storage Fee Portion of Raw Water Fee $1,000 Meter Set Fee Lot B $1,300 Base Portion of Plant Investment Fee $7,500 Meter Set Fee Lot D $1,400 Distance Portion of Plant Investment Fee $3,600 (12 miles) Lot A: $21,200.00 Full Std Tapl$10,100.00 Conservation Blue Tap TOTAL Up Front COSTS For STANDARD TAP(See Paragraph 6 for Options)PER TAP Lot B: $20,900.00 Full Std Tap/$9,800.00 Conservation Blue Tap Lot D: $21,000.00 Full Std Tap/$9,900.00 Conservation Blue Tap Price is valid for ten(10, business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 80 psi to 100 psi Maximum Pressure 110 psi After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $29.50 Minimum 10,000 gallons and up $2.95 per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the Districts cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT) Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$25.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant Investment Allotment $3.50 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.75 per 1,000 gallons Sincerely, G�'' Alan Overton North Weld County Water District N:\Legal Documents\Letter of Intent\2010\SuttonDouglas(I I-23-10).doc 2 of 2 r r0 d i W 0 0ce O 00 O W Q m r- z z d a V Y p , ,`' Cr Z I Z A lb r O 0 p IP 1 4:: ( it hui PI4 . ,tiz W t W 4 t " w Y . difil-a m d n.r L - t M _ , 0 IJ % � in V Q W ,--,1J W W VI O 0 e- a 0 ,..„ . CC t- Q ‘.: A U , V _. } O i = _- I I - • -r •u_ Z Z X CL = 0 0 e W D O o 44 Ill_ . Z O Sd I. • i w u_ ,• w i U) L_ • al _ It) i ` U- O 0 11-11.:,- I- V V Ct -, a W Z (/) } a O wZ h. U) V rn F • J w � , -J %y w .� _ '- _ 4 III; 'Is d ..- u_i - 1 ^ -4,,,,, W x . - .tit i..t .. . . ,.r._. . .. _ _. . .. . . - �._ .. _ _ -...„.• d 4 N 0 r Y a I W V F- d J l F- J k a o Jh. 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