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CDEPARTMENT OF PLANNING SERVICES
Q SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Viaero Wireless Case Number: SE-1185
Request: Subdivision Exemption for a Public Utility Facility in Conjunction with USR-1749
Legal Description: Lot B of RE-1607; located in Part of the NE4 of Section 34, T5N, R64W, Weld County, CO.
Parcel Number: 096334000011 Parcel size: +/-2 acres Planner: C. Gathman
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. 1185
B. The applicant shall address the requirements of the Department of Public Works as stated in their
referral dated October 18, 2010. Written evidence of Public Works approval shall be provided to the
Department of Planning Services.
C. County Road 52 and County Road 57 are designated on the Weld County Road Classification Plan as
local gravel roads,which require 60 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way.A total of 30 feet from the centerlines of County Road 52 and County Road 57 shall be delineated
right-of-way on the plat. The applicant shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be indicated on the plat.These roads are maintained by Weld
County.
D. The applicant shall submit to the Department of Planning Services evidence of a recorded easement
granted by the underlying property owner which allows for the fall of the tower onto the burdened property
and thereby meet the setback requirements of Section 23-4-830 D.3.a of the Weld County Code.
E. The Subdivision Exemption Lot shall comply with the one (1) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code.
F. 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.
G. 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 facility.
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 future structures or uses on site must obtain the appropriate zoning and building permits.
4) Subdivision Exemption Lots created for a Public Utility Facility shall revert back to the original
parcel when the use ceases to exist.
5) 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.
6) 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)
7) 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)
8) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a
lower level of services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for
agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance
if the agricultural operation alleged to be a nuisance employs methods or practices that are
commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement,ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Services in rural areas, in many cases,will
not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient
than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
2. The applicant shall submit three (3) 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.
• •
3. 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
maosco.weld.co.us.
4. 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: November 8, 2010
Chris Gathman •: Planner III
• • sE- II � S
Nat Checklist POC Planner
Item Comments Check Check
Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering
Boundaries of Lots
Scale Suitable Scale?(1"=200'or 1"=100')
Accesses indicated Shared Access? If so, is easement Certificate included? /✓
Roads labeled, including vv-WD "" F RC' '°`- 1/
R.O.W 11
Building Envelope(s) 1`-' /A
Vicinity Map Suitable Scale?(Minimum I"=2000') t/
North Arrow
pr.) G�• s n p u
Legal Description E�su�� ku �..,� �� . ✓��
Notes from Planner/ (
Development Standards pp
Conditions of Approval (.i(Lr
_7z 11 zo.�
Owners Certificate Notarial Certificate included? All owners must sign the plat,
check the deed.
Surveyors Certificate and All surveyed plats
Surveyors Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff
Certificate Approved)
Planning Commission (USR,COZ, Minor Sub. Final) ik
Certificate
Board Certificate (USR, COZ„ Minor Sub Final) ( ' % 7
(Final PUD, RE, SE&ZPMH if Board approved) yh
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) ,J �T1
Easements
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: (Initials)
Planner Signature: d4sto
Date: I I)24/10
ober.h-Cl/ad , atde/ y- 1-1°\
Plat Checklist POC Planner
Item Comments Check Check
Proper size and material 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering
Boundaries of Lots v ' ;„G zs, (/),4C SE vc p(n )7 !jet
I pc
Scale Suitable Scale?(1"=200'or 1"=100') ij
Accesses indicated Shared Access? If so, is easement Certificate included?
Roads labeled, including
R.O.W
Building Envelope(s) i3 /A
Vicinity Map Suitable Scale?(Minimum 1" =2000')
North Arrow
Legal Description
Notes from Planner/ 0 c}6 P-st""cltoN ,
Development Standards
Conditions of Approval
Owners Certificate Notarial Certificate included?All owners must sign the plat,
check the deed. 1/
Surveyors Certificate and All surveyed plats l�
Surveyor's Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff \ / /�
Certificate Approved) A
Planning Commission (USR, COZ, Minor Sub. Final)
Certificate
Board Certificate (USR,COZ„ Minor Sub Final)
(Final PUD, RE, SE&ZPMH if Board approved) (�
Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) tv it\
Easements N /A
Please return the plat to the CAD Technician within 24 hours of receiving the plat. t�t°.Cn
IK I I
Planner on Call: (Initials)
Planner Signature: Date:
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICE:,
1555 N 17TH AVENUE
GREELEY,CO 80631
PHONE: 970-353-6100, EXT.3540/FAX:970-304-6498
77
Date: l0OU. _ f 20 Receipt No: � 5
Received From:
Permit Type No. Description Fee
4221-RE/S
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE f
❑CASH [CHECK NO. 1 ❑CREDIT CARD TOTAL FEE — '
Receipted By. ,);. , j/leDL# — Exp.
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17TH AVENUE
GREELEY, CO 80631
PHONE:970-353-6100, EXT. 3540/FAX: 970-304-6498
Date: 9./4 20 / 0 Receipt No. 1 5 t r -'
Received From: Vi drill &(. ,i(f is
Permit Type No. Description Fee
1-RE/SD c
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6569 ECORDING FEE /1
❑CASH\ECK NO.,/ V/ /I[LJCREDIT CARD TOTAL FEE 97/2/
Receipted By: ,'" DL# Exp.
0 0
Chris Gathman
From: Chris Gathman
Sent: Wednesday, November 10, 2010 5:11 PM
To: 'Rick D. Bailey'; 'Dan Griggs'
Subject: FW: SE-1185 Kersey Subdivision Exemption Plat
Attachments: se1185 staff comments.doc
Sorry. Forgot to remove item #2 (the plat notes). The remaining items are 1,2,3 and 5.
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
Original Message
From: Chris Gathman
Sent: Wednesday, November 10, 2010 5:08 PM
To: 'Rick D. Bailey'; 'Dan Griggs'
Subject: RE: SE-1185 Kersey Subdivision Exemption Plat
I have reviewed the SE-1185 plat and have a number of changes/additions:
441 Remove the Board of County Commissioners Certification.
"2)-Add notes #1 - #8 to the plat as stated in my SE-1185 administrative comments (attached) .
t/3) Shade in the boundaries of the mother parcel (Lot A - RE 1607) on the vicinity map.
Remove the Topo lines, road, fences, waterline and structures from the plat. Indicate the
boundaries of the subdivision exemption and access point only.
//5S The recording information for the easement granted by the underlying property owner which
allows for the fall of the tower onto the burdened property and meet the setback requirements
(condition D) - needs to be indicated on the plat.
Let me know if you have any questions.
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
Original Message
From: Rick D. Bailey fmailto:Rick.Bailey()aviaero.coml
1
Chris Gathman
From: Chris Gathman
Sent: Tuesday, October 05, 2010 11:43 AM
To: 'Dan Griggs'
Cc: 'Rick D. Bailey'
Subject: USR-1749 plat revisions
Follow Up Flag: Follow up
Flag Status: Flagged
Dan,
I have reviewed these plats and have the following revisions:
USR 1749:
1) Per our County Attorney - the boundaries of USR-1749 should be equal to 100% of the tower.
The boundaries to the west and south need to be expanded.
2) This has not gone before the Board of County Commissioners - so the Development Standards
are subject to change.
Please do not finalize/prepare the mylar for this until SE-1185 comments are finalized. I
will be out of the office beginning tomorrow until October 28th. Referral comments for SE-
1185 are not due until the later part of October. I will finalize and send out these comments
when I get back.
Let me know if you have any questions.
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
1
•
Chris Gathman
From: Chris Gathman
Sent: Wednesday, September 29, 2010 9:16 AM
To: 'Rick D. Bailey'
Cc: Henry D. Jacobsen; Tom Parko
Subject: RE: USR 1749 BOCC hearing on October 6th
Dear Rick,
I will not be at the Board of County Commissioners hearing as well. Tom Parko - our Planning
Manager has the case file and will be presenting this case. He is available at
tparko(dco.weld.co.us or via the planning department (970)353-6100 ext. 3540.
FYI: I will be out of the office from October 6th until October 27th. The subdivision
exemption associated with this case is presently out for referrals and referrals are not due
back until the later half of October) . I will prepare the subdivision exemption staff
comments and provide then to you after I return (within the 60-day review time for
subdivision exemptions) .
Let me know if you have any questions.
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
Original Message
From: Rick D. Bailey [mailto:Rick.Bailey@viaero.com]
Sent: Wednesday, September 29, 2010 9:07 AM
To: Chris Gathman
Cc: Henry D. Jacobsen
Subject: USR 1749 BOCC hearing on October 6th
Chris,
I am sending this e-mail to let you know that with your approval that Henry Jacobsen a Viaero
Wireless Site Acquisition Manager will be attending for me the BOCC meeting scheduled for
next week @ 10:00 A.M.
His phone number is 970-467-0555 and he has been updated on the application.
I will make myself available by my mobile phone (970-768-6464) at the time of the hearing if
any questions arise that require my response.
Thanks,
1
• •
a t(1: DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
�D�• FAX: (970)304-6498
COLORADO
September 22, 2010
NE Colorado Cellular
do Rick Bailey
1224 W Platte Ave
Ft. Morgan CO 80701
Subject: SE-1185 - A Subdivision Exemption located on a parcel of land described as Lot B RE-1607;
located in Part of the NE4 of Section 34, T5N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your subdivision exemption application is being processed. If it is determined that the application meets
the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the subdivision
exemption is approved. If staff determines that the application does not meet the approval criteria or if
staff has concerns with the application, staff may elect to forward the application for review to the Board
of County Commissioners. You will be notified and asked to appear before the Board of County
Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The
Board of County Commissioners will then consider your application and make a final decision on the
subdivision exemption.
If you have any questions concerning this matter, please call me.
Sincerely,
Digitally signed by Kristine Ranslem
ReaLocation 1555 eN 1 author of document
.�' S�fL-.YS ti/YW'n,,,,,a,_` Date:i201 09. 2 11 th Ave
Date:2010.09.22 11:15:51-06'00'
Chris Gathman
Planner
4Ket
'Wi`PC APPLICATION FLOW SHEET
COLORADO
APPLICANT: Viaero Wireless CASE #: SE-1185
REQUEST: Subdivision Exemption for a Telecommunications Facility.
LEGAL: Lot B of RE-1607; located in Part of the NE4 34-5-64
LOCATION: South of and adjacent to CR 52 and west of and adjacent to CR 57.
PARCEL ID #: 096334000011 ACRES: +/- acres
Date By
Application Received 9/16/10
Application Completed 9/16/10
Referrals listed 9/21/10 CG
Vicinity map prepared
File assembled 0122110 Vie
Case logged in computer
Letter to applicant mailed
Referrals mailed
Field check by DPS staff � .Il41
Administrative Review decision: n,•c_cQ 1II7 Ito
Board of County Commissioners hearing (if applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received
Date By
Plat recorded and filed )a WC lo 0-yn
Overlay Districts
Zoning Agricultural
MUD Yes No_X_
IGA Yes No_X_
Airport Yes No_X_
Geologic Yes No_X
Flood Hazard Yes No_X Panel#080266
• • Print Form
SUBDIVISION EXEMPTION (SE) SUBMITTAL CHECKLIST
APPLICATION REQUIREMENTS:
The applicant shall submit the Subdivision Exemption application fee and the original plus two copies for a total of
three packets of the required application materials as follows:
One original application form plus two copies(page 4)
One original plus two copies of a statement describing the purpose,and benefits of the proposal.
One legible copy of a deed or legal instrument identifying the applicants interest in the property.
One original plus one copy of the Weld County Road Access Information Sheet(page 7)
One copy of the original Certificate of Conveyance(C.O.C.)form and all attachments provided by the title
company. (see page 6) The C.O.C. must be dated within 30 days of the complete application submission
date.
One legible 8-1/2 inch by 11 inch map drawn to include the following items plus two copies.
❑ A separate plot plan which illustrates graphically how the parcel(s) exists BEFORE the County takes
action on the proposal.
A separate plot plan which illustrates graphically how the parcel(s) would exist AFTER County
approval.
❑ The amount of acreage for each parcel shall be identified on the plot plan.
❑ Boundary of the property
Boundaries of the proposed lot
North arrow
❑ All existing roads or highways abutting the property
❑ Easements and/or rights-of-way(if applicable)
Existing structures including: dwellings, mobile homes, outbuildings, pens, irrigation ditches, oil and
gas well facilities.
One copy of a Statement of Taxes from the W eld County Treasurer showing no delinquent taxes exist for the
original parcel.
Application fee(page 1)
A/, Investigation fee, if required(page 1)
/1I\ Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing
service or availability of water service to each proposed lot. If using a well, please complete the attached Water
AMSupply Information Summary.
Two copies of any existing septic system permit(s)on each lot or one copy of a letter from a sanitation sewer
district indicating existing service or availability of sewage disposal to each proposed lot.
One of each original document shall be placed in one packet. One each of the application, map and statement shall
be collated into two complete application packets. A total of three packets shall be submitted. Packets shall be bound with
paper clips or binder clips only. Applications bound in any other fashion will be returned to the applicant without review.
Additional required information such as water, septic and road access form, shall be kept separate to be collated by Planning
Staff.
upe,w 02-01-10 Weld County Planning Department
GREELEY OFFICE
SEP 1 . Tntn
RECEIVED
-1-
SUBDIVISION EXEMPTION (SE) PROCEDURAL GUIDE
APPLICATION FEE HEARINGS/MEETINGS PROCESSING TIME
$400.00 Public&Private Utility 60 days
$180.00 Administrative Review and/or 60 days
Board of County Commissioners
$ 11.00 Plat recording fee
1. Subdivision Exemption used for adjustment of property lines between two contiguous parcels.
2. Subdivision Exemption used in conjunction with a Recorded Exemption to separate two existing residences
from a single parcel.
3. Subdivision Exemption for creation of lots for the purpose of financing.
4. Subdivision Exemption for the temporary use of a parcel for public utility facilities.
PURPOSE
The purpose of this packet is to provide an applicant with information on the Subdivision Exemption application
process. It is not intended to be a substitute for the specific requirements of the Weld County Code, Chapter 24. A
Copy of the Weld County Code is available online at www.co.weld.co.us (Quick Link -Policies&Ordinances). It is
the responsibility of the applicant to be knowledgeable of the specific requirements of Subdivision Exemption
application process.
GENERAL
A Subdivision Exemption shall only be applicable when at least one parcel involved in any boundary exchange or in
a temporary use location is less than thirty-five acres. In special circumstances a Subdivision Exemption may be used
on parcels of less than eighty acres but over thirty-five to preclude the creation of non-buildable lots.
When used in conjunction with a recorded exemption whose request is to remove existing residential improvements
from a parcel, the subdivision exemption may be utilized to request separation of one (1) additional existing residence
with accessory outbuildings from either of the two habitable recorded exemption parcels. A minimum of two habitable
residential improvements are required in order for an applicant to be eligible to apply for this subdivision exemption
request. No more than one subdivision exemption for this purpose may be submitted with a recorded exemption
application.
The proposed Subdivision Exemption may not be a part of a Recorded Exemption or Subdivision Exemption approved
within the last five years. No lot which is part of an approved subdivision plat or any map or plan providing for lots or
parcels of less than thirty-five acres filed in the records of the Weld County Clerk and Recorder prior to adoption of
any regulations controlling subdivisions, or part of any Minor Subdivision, shall be redivided or changed in any manner
by the Subdivision Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing Article
V of the Weld County Code.
Lots created for the purpose of financing shall not result in the creation of a lot to be sold separately. Upon termination
of the financing arrangements,the lot shall cease to exist. The lot shall not be less than one acre in size.
When a Subdivision Exemption is approved by Weld County, a plat as described in Section 24-8-60 of the Weld
County Code, shall be prepared by a Colorado registered land surveyor and be submitted to the Department of
Planning Services. Two paper copies of the recorded exemption plat shall be submitted and reviewed by the
Department of Planning Services. Once the paper copies are reviewed and approved, a final Mylar copy shall be
submitted. The plat will be recorded by the Department of Planning Services in the office of the Weld County Clerk
and Recorder.
The applicant shall be responsible for paying the recording fee. No Subdivision Exemption shall be considered
-2-
complete nor shall lots be transferred until the plat has been recorded.
If a well is proposed as the source of water for the proposed lot, the applicant should be aware the quantity of water
available for usage may be limited to specific uses, i.e, domestic use only, etc. Because each situation is unique,
Applicants are encouraged to contact the Office of the State Engineer, Division of Water Resources, to discuss
individual situations. The applicant should also be aware that groundwater may not meet all drinking water standards
as defined by the Colorado Department of Public Health and Environment.
If the proposed access is via a state highway the applicant shall contact the Colorado Department of Transportation
regarding Access permit(s).
Per Section 24-8-70.A. of the Weld County Code; The Board delegates the authority and responsibility for considering
and approving Exemptions to the Department of Planning Services (DPS). The DPS shall approve the request for a
Exemption unless the DPS finds the applicant has not met the required standards of Chapter 24, Article VIII. If the
DPS determines that the applicant has not met the required standards, the request will be scheduled before the Board
of County Commissioners in a public hearing. The Board will consider the application and take final action on the
subdivision exemption request.
The proposed Exemption application shall not be assigned a case number or be reviewed until all required items on
the Exemption submittal checklist have been completed and submitted to the Department of Planning Services.
-3-
•
SUBDIVISION EXEMPTION (SE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
TYPE OF EXEMPTION REQUESTED(check one)
E Property line adjustment
IX Used with Recorded Exemption
Financing Purposes
E Public Utility Facility
Parcel Number 0 9 6 3 3 4 0 _0 0 0 1 1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description Part NE 1/4 ,Section 34 ,Township 5 North,Range64 West
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 X No_
FEE OWNER(S)OF THE PROPERTY:
Name:NE Colorado Cellular Inc.d/b/a Viaero Wireless(C/O Rick Bailey)
Work Phone#970-768-6464 Home Phone# Email Addressrick.bailey@viaero.com
Address:1224 W.Platte Ave
City/State/Zip Code Fort Morgan,CO 80701
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: NE Colorado Cellular Inc.d/b/a Viaero Wireless(C/O Rick Bailey)
Work Phone#970-768-6464 Home Phone# Email Address rick.bailey@viaero.com
Address:1224 W.Platte Ave.
City/State/Zip Code Fort Morgan,CO 80701
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 showing the
signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of
Planning Services to review this Subdivision Exemption on the above described unincorporated area of W eld County.
I ` /_2010
Signature:Owner or Authorized Agent Date Signatur . ner or uth• ized Agent Date
-4-
•
Special Review Permit/Commercial Tower Development Permit, Narrative
Kersey
General Project and Purpose
Current GSM coverage in the area is not adequate for the reliable transmission of data and does not
meet Viaero's high performance standards. Viaero Wireless is requesting approval of a permitted use
for an Antenna Tower and Antennas in the (Agriculture) zone district. The site would be located in part
of the NE'/. Section 34 Township 5 North, Range 64 West Weld County Colorado. Viaero Wireless
intends to record an easement with this lot when governmental approvals are received to construct this
tower. The proposed facility will consist of a 195 foot Self support tower, a 9'X 17' prefabricated
building for electrical equipment to be placed near the tower.A generator on a separate pad will
provide for emergency back-up power and a buried propane tank will provide fuel for the emergency
generator. Mounted on the tower will initially be twelve panel antennas and two microwave dishes.
Additional antennas for other wireless service providers may also be installed in the future, up to the
structural capacity of the tower. A 70'X 70'six-foot high chain link fence with two strands of barbed
wire at the top will provide security to prevent unauthorized access to the tower facility. A 3'X3' metal
sign will be place near the tower site to properly identify the owner of the facility and the phone
number. After the construction phase parking will be rare and for short periods of time as the site
requires maintenance from either Viaero Employees or authorized agents, any temporary parking will be
on the property.There will be no need for permanent refuse collection, and residential dwellings and
other non-agricultural land uses within the area will only experience the highest level of reception. Little
ground will be disturbed during the construction process and vegetation that is destroyed on this
property will be replanted to native grass.
This tower is a critical link in Viaero's proposed network to provide reliable phone and data service to
areas in Western Weld County. This facility will also provide a microwave relay link between the main
switch in Fort Morgan and future sites in Weld County. The facility will comply with all applicable FCC
and FAA requirements.
Impacts on surrounding properties
The impacts on surrounding properties will not be significant. This will be an unmanned facility that will
not require water or sewer service, does not generate noise, odor, dust, smoke,explosive hazards and
will not contaminate water. Drainage and traffic impacts will be negligible as the surrounding area is
used for agricultural use for grazing.
Impacts on County services
The proposed facility will have no adverse impacts on Weld County. After initial construction, traffic to
the site will be limited to preventative maintenance visits by a technician approximately once a month.
There is no need for water or sewer. When installed,this facility will provide Phase 2 emergency
service coverage which is of the highest level of emergency service coverage.
Co-Location of services
If technically feasible, Viaero Wireless will not unfairly exclude anyone from co-locating on the proposed
tower with an appropriate lease agreement. In fact,Viaero Wireless encourages co-locations and our
towers are built for future growth.
Weld County Treasurer
Statement of Taxes Due
Account Number R0348094 Parcel 096334000011
Assessed To SUDEN ROBERT E
24515 CR 57
KERSEY,CO 80644
Legal Description Situs Address
PT NE4 34-5-64 LOT B REC EXEMPT RE-1607(3.18R) 24515 57 CR WELD 00000 24515 57 CR WELD 00000
Year Charges Billed Payments Balance
2009 Tax $508.76 $508.76 $0.00
Grand Total Due as of 11/16/2010 $0.00
Tax Billed at 2009 Rates for Tax Area 0738-0738
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000' $190.55 AG-DRY FARM LAND $340 $100
SCHOOL DIST RE7 12.9010000 $146.31 AG-GRAZING LAND $1,331 $390
NORTHERN COLORADO WATER 1.0000000 $11.34 FARM/RANCH $132,436 $10,540
(NC RESIDENCE-IMPS
CENTRAL COLORADO WATER 0.4250000 $4.82 OTHER BLDGS.- $1,083 $310
(CCW AGRICULTURAL
CENTRAL COLORADO WATER 1.3380000 $15.17 Total $135,190 $11,340
SUBD
PLATTE VALLEY FIRE 2.4150000 $27.39
AIMS JUNIOR COLLEGE 6.3120000 $71.58
HIGH PLAINS LIBRARY 3.2550000 $36.91
WEST GREELEY CONSERVATION 0.4140000 $4.69
Taxes Billed 2009 44.8640000 $508.76
Credit Levy
ALL TM LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1.
Weld County Treasurer•P.O.Box 458,Greeley CO 80632• 1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
Sigted_ L 1O-2z. Date //r/6 '/�
REFERRAL LIST
Name: Viaero Wireless Case#: SE-1185
County Towns &Cities Fire Districts
Attorney _Ault _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
_Sheriffs Office _Eaton _Eaton F-4
x Public Works _Erie _Fort Lupton F-5
_Housing Authority _Evans _Frederick
_Airport Authority _Firestone _Galeton F-6
_Building Inspection _Fort Lupton _Hudson F-7
_Code Compliance_S.-Ann_N-Beth _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 _Greeley _Milliken F-11
_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 Commissioner
South Hwy 66 (Loveland) _Northglenn _
_North Hwy 66 (Greeley) _Nunn
_Division of Minerals/Geology _Pierce
_Platteville
Soil Conservation Districts _Severance
_Big Thompson/ FTC _Thornton
_Boulder Valley/Longmont Windsor
_Brighton/SE Weld
_Centennial Counties
Greeley/West Greeley _Adams
_Platte Valley _Boulder
_West Adams _Broomfield
_Little Thompson _Larimer
Federal Government Agencies Other
_US Army Corps of Engrs _School District RE-
USDA-APHIS Vet Service _Central Cob. Water Cons
_Federal Aviation Admin (Structures _RR
over 200 ft or w/in 20000 ft of Pub _Ditch Company
Airport _Art Elmquist(MUD Area)
Federal Communications Comm
I
0 fili:T
Weld County Referral
hiDe
September 22, •�C010 ,
COLORADO SEP 2 3 2010
The Weld County Department of Planning Services has received the following item for Yeri/i@rp@o, i^ r;nLiC „�� 'cKs i F
Applicant %Viaero Wireless Case Number SE-1185
Please Reply By October 22, 2010 Planner Chris Gathman
Project Subdivision Exemption for a Telecommunications Facility
Legal 1 Lot B RE-1607; located in Part of the NE4 of Section 34, T5N, R64W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 52; west of and adjacent to CR 57. For a more precise
location, see legal.
Parcel Number 0963 34 000011
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.
oySee attached letter.
Comments:
Signature lit Date 10'10•w
Agency "PY.1.
+Weld County Planning Dept. +1555 N 171h Ave, Greeley,CO. 80631 t(970) 353-6100 ext.3540 4•(970)304-6498 fax
Weld County Planning Department
GREELEY OFFICE
rs MEMORANDUM 0CT „n.n
RECEIVED
ape TO: Chris Gathman, Planning Services DATE: October 18, 2010
FROM: Donald Carroll, Engineering Administrator ►u'-
COLORADO SUBJECT: SE-1185, Viaero Wireless
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:
Weld County Road Classification Plan (FHU): (June 2002) WCR 52 is a local gravel 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.
REQUIREMENTS:
Contact the Public Works Traffic Engineer for new access requirements. (Lot SE)
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.
The easement shall be a graded and drained road to provide an all-weather access.
Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA).
pc: SE-1185
M:\PLANNING—DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1185.docx
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
Phone: (970 )356-4000 x3750 Fax: (970) 304-6497
Road File#: Date:
RE.: Other Case#:
1. Applicant Name r/•4,t its /�ys (1C-2 �a-/E71 Phone Ix- 76ff -LLN�,`[
Address / i 2 N c.,/,it,d P ,�J.e City d- .Fmo,y 4,4 Stateco Zip gc7o i
2. Address or Location of Access
Section 3111 Township r Range &5' 44/ Subdivision Block Lot
Weld County Road#: S Z, Side of Road_c ,'& Distance from nearest intersection
3. Is there an existing access(es)to the property? Yes )C No #of Accesses
4. Proposed Use:
A Permanent 0 Residential/Agricultural . Industrial
0 Temporary 0 Subdivision Commercial C Other
5. Site Sketch
Legend for Access Description:
AG = AgriculturalLrri
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
= House
= Shed
A = Proposed Access
• = Existing Access
J
OFFICE USE ONLY:
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation Authorized •
IInformation Insufficient
Reviewed By: Title:
-9-
I • •
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
Lot B, Recorded Exemption No. 0963-34-1-RE1607, according to the map thereof recorded May
12, 1994 at Reception Number 2388214, located in the Northeast 1/4 of Section 34, Township 5
North, Range 64 West of the 6th P.M, County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1561005 I Book 639
VI Reception No. 2388214 I Book 1441
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company is hereby limited to the
fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, has caused this Certificate to be signed
by its proper officer this 27th day of August, 2010, at 7:00 am.
Order No. H0279045
Herita Ti ompany
�By:
Authorized Signatory
m
la
Ipergao O
~ Orod POOH q Recorded .___ JAN 2 5 1971 of S d
.—. Am.
639 Receplion No. ._....1a5S1.pQr7_..._ANN_gfSISP_ _._, Rttadu.
1 ti
1 Ellis pett1y Made this 22nd day of ----January -•In the
a year of mu Lord one thousand nine hundred and—Seve my One---between--SAM GAMEWELL---- ''
tn
CD of the County of ------Weld
CE) and Sale of Colorado,of the 41
first put,and ROBERT E. SUDEN and GLADYS A, SUDEN
an
rrA
•
tut Of the Coney of Weld and State of Colorado, of the •
M1I
eel second peep 9
r, WITNESSETH:That the said party of the flat part,for and in consideration of the sum of
o other good and valuable consideration and Ten and no%LOO---DOLLARS, t°
O
o to th said part y of the edg d, ht e
hand paid by the said gol of the yed, van, the receipt e does
la en
o hereby confuted and acknowledged, a treasaid bargained,of told and conveyed,to and by Weae Meath coe3
o but n bargee,sell,convey lv confirm the said panda eir secondamigos to OM not re lfmnry to all cement
but Joint wanes,the or parcel of them,their assigns and the helm and the
of inch survivor forever, the fair
lowing described lot or of land,dteal%lying and bring la she
County of ----Weld and State of Colorado,to-1dt! ig-I
la th
nil
The Northeast Quarter (NE's) of
—a
9-°` Section Thirty-four (34), Township w2
far. Five (5) North, Range Sixty-four
q,o° (64), West of the 6th P,M., Weld
County, Colorado, together with
four (4) shares of the capital
stock of The Farmers Reservoir
and Irrigation Company and one (10
- share of the capital stock of The
Loloff Lateral Ditch Co,
TOGETHER with all and singular the hereditament'and sppurlenencce 'hereunto belonging, or In soy wine
appertaining, and the reversion and reversions, remand-t and remainders rend lasne. and profits thereof; and
all the estate,right,title,Interest claim and demand whatsoever of the said port I of the first put,either in
law or molly, of, in and to the above bargained premises the Iteredhaments and appurtenance%
TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances,unto the
raid parries of the second part,the survivor of themt their acnigne,and the heirs and ardgas of ouch survivor for•
ever. And the said parry no the first part,forhlln,:'2,hishelrs, executors, and sdminlatnton, do es
covenant, grant, bargain end agree to end with the mid perde, of the second pars the survivor of them, their
soigne and the heirs and assigns of such survivor,that at she time of the enaesling and delivering of there presents,
he is well rebel of the promises above conveyed, as of good,sure,perfect,absolute sod Indefeasible estate
of Inheritance,In law,in lee simple,and ha S good right, full power and lawful authority to gams bargain,
sell and convey,the same in manner and form aforesaid,nod that the tome are free and clear from all former and
other grants, bargains, rates, Ilene, taxes, assessments and Incumbrmma of whatever kind or nature looser:
subject to reservations in United States Patent; and reserving unto
Grantor all oil, gas and mineral rights including all lease payments;.
and subject to rights-of-way for roads, ditches and canals,
and the above bargained premises in the quiet and peaceable ponesalon of the said parties of the second part, the
eurvlvor of them, their assigns and the heirs and assigns of such survivor,agaloat all and every parson or persons
lawfully claiming or to claim the whole or any pate thereof,the sold party of the stet part shall and wilt
WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the said part y of the foot tort ha S hereunto set his hand and
seat the day and year first above written.
Signed, Sealed and Delivered is the Presence of atigAit
Sam Gamewe
Sloth Documentary Foe at..
-----b-die---A-N-2-5-191---- --------- ' 't{S>T�Ift1 .-
x n..,on . : . , • ' ,".;x
: •
STATE OF COLORADO.'es. The foregoing Instrument was acknowledged before me thb_-_ZiB t2L day of 1 j.
County of Weld.COLORADO}
'
__January - _ 1s,71 by_Sam.Gamewelh�A S I s
WIaesa Hy Hand and OSIEW Sul
My Commlealut Esping ___ " ..i—•
WARRANTY DEED—To Joint Tenant
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