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WnPC DEPARTMENT RVICES
SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Amalgamated Sugar Company—Sprint- Nextel Case Number: SE-1164
Request: Subdivision Exemption for a Public Utility or Public Agency Facility (Sprint - Nextel) in
conjunction with Amended Site Plan Review (AmSPR-431)
Legal Description: Part SE4 SW4 Section 31, Township 7 North, Range 65 West
Parcel Number: 0709-31-3-00-014 Parcel size: 1.284- acres Planner: Ogle
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code.
X 2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the
request is the best alternative to dispose of existing improvements in conjunction with the
companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of Weld County. The Department of Planning Services has determined through its review that the standards of
Section 24-8-40 of the Weld County Code have been met.
1. Prior to recording the plat:
A. The plat shall be titled: Subdivision Exemption No. 1164
B. The SE Lot shall use the existing access point as no additional accesses shall be granted.
C. A 30 foot wide joint easement extending across the parcel from County Road 74, for the benefit of
Sprint - Nextel, Amalgamated Sugar Company and their successors and assigns shall be shown
clearly on the plat. The joint access easement shall be dedicated for the use as shown using the
language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and
drained to provide all weather access.
2010-2031
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D. 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.
E. County Road 74 is designated on the Weld County Road Classification Plan as a Strategic road,
which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A
total of 70 feet from the centerline of County Road 74 shall be delineated on the plat as right-of-way
for future expansion of County Road 74. This road is maintained by the Town of Eaton.
F. All vehicles located on the property must be operational with current license plates, be screened
from all adjacent properties and public rights of way, or be removed from the property. All other
items considered to be part of a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way.
G. The property is in violation of Chapter 23 of the Weld County Code as the Department of Planning
Services is unable to locate any land use or building permits for the existing improvements located
on site for Sprint— Nextel. Planning Services will notify Ann Siron, Weld County Zoning Compliance
Officer and Peggy Gregory, Building Compliance Officer acknowledging that all land use and
building permits have been submitted indicating compliance with Chapter 23 and Chapter 29 of the
Weld County Code.
H. 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.
The following notes shall be placed on the plat:
1) This Subdivision Exemption is for the temporary use of a parcel for a public utility or public
agency facility [Sprint-Nextel].
2) 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.
3) Any existing and/or future structures or uses on site must obtain the appropriate zoning and
building permits.
4) Subdivision Exemption Lots created for a Public Utility Facility or a Public Agency shall
revert back to the original parcel when the use ceases to exist.
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5) Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the requirements of Appendix III-A of the International Fire
Code.
6) 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.
•
7) The approved configuration of the Subdivision Exemption Lot does not constitute
justification for further land splits.
8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
9) 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)
10) Under Section 24-8-30.A.4 of the Weld County Code, the property is still recognized as one
parcel. No additional building sites are created with this Subdivision Exemption.
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 the Administrative
Review was signed. 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 Administrative Review was signed a $50.00
recording continuance charge shall added for each additional 3 month period.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(aco.weld.co.us.
8. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon
satisfying the above conditions. 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 Board of County
Commissioners with a recommendation for denial.
By Date: February 8. 2010
gle Planner
Ms.Annie Mackiewicz
333 Inverness Drive South
Englewood, Colorado
� APPLICATION FLOW SHEET
COLORADO
APPLICANT: AMALGAMATED SUGAR COMPANY-SPRINT-NEXTEL CASE #: SE-1164
REQUEST: Subdivision Exemption for a Public Utility or Public Agency in conjunction with AMSPR
431 for a Wireless telecommunication facility
LEGAL: PART SE4 SW4 SECTION 31,T7 N, R 65 W
LOCATION: North of and adjacent to CR 74 (E. Collins Street)
PARCEL ID #: 0709 31 300014 ACRES: 1.38
Date By
Application Received 1-28-2010 Ogle
Application Completed 2-5-2010 Ogle
Referrals listed
Vicinity map prepared
File assembled
Case logged in computer a/al Flo [((J
Letter to applicant mailed
Referrals mailed
Field check by DPS staff
Administrative Review decision CONDITIONAL 2-9-2010 Ogle
Board of County Commissioners hearing (if applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received
G Da� ��
Plat recorded and filed "etc_ S%�� (� ( c r 1
Overlay Districts
Zoning Industrial
MUD Yes No
IGA Yes No
Airport Yes No
Geologic Yes No
Flood Hazard Yes No Panel#080266
Road Impact x
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