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COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Owl Investments LLC
RE -4888
Planner: C. Gathman
Legal Description:
Lot B of AMRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld
County, CO.
Parcel ID #:
0551 35 300002
Lot A Size:
+/- 2.5 acres
Lot B Size:
+/- 2.5 acres
Lot C Size:
+/- 2.5 acres
Lot D Size:
+/- 120 acres
Water Source:
Proposed Individual Wells
Sewer System:
Proposed Septic
Yes No
X
X
X
X
X
X
Criteria Checklist
1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2009-1337
• i
2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D.
Property owners are advised that the quantity of water available for usage may be limited to specific uses,
i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
3. Topographic or physical features of the proposed Lot such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the Weld
County Code pertaining to septic systems to assure that any installed septic system will comply with all
setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the
installation of a septic system the lot may need to be enlarged.
4. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
5. Prior to recording the plat:
A. The applicant shall submit a proposed building envelope(s) for Lot D to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
B. The plat shall be titled: Recorded Exemption No. 0551-35-4 RE -4888
C. Lots A, B and C and D shall share an access with Lots A, B, C and D of RE -4887, no circle
drives or additional accesses shall be granted. The access road shall be graded and
drained to provide all weather access. Accesses shall be placed in such a location as to
have adequate sight distance in both directions, shall not be placed below the crest of a hill
or where physical obstructions are present and shall be a minimum distance of 75 feet from
any intersecting County or State roadway.
The applicant shall do one of the following:
A minimum 60 -foot wide access and utility easement from County Road 45 along with a cul-
de-sac with a minimum 65 -foot radius shall be indicated on the plat. The access and utility
easement shall be referenced on the plat by the Weld County Clerk and Recorders
reception number.
OR
A 60 foot wide joint access and utility easement along with a cul-de-sac with a minimum 65 -
foot radius from County Road 45, for the benefit of Lots A, B and C of RE -4887 and Lots A,
B, C and D shall be shown clearly on the plat. The joint 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 graded and drained to provide all weather access.
D. Lot D shall use the existing agricultural / oil and gas road access points necessary for
agricultural operations as no additional accesses shall be granted.
E. 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.
F. County Road 86 is designated on the Weld County Road Classification Plan as a local
gravel 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. 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.
G. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated February 4, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
H. The applicant shall address the requirements of Weld County School District RE -9.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
I. The RE -4887 plat shall be submitted for recording along with the RE -4888 plat.
J. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should
not include reserved road right-of-way.
K. 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 should not include
reserved road right-of-way.
L. 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.
M. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. Any construction within a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) 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) WARNING: A PORTION OF LOT D 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 non-agricultural
structures. All construction or improvements occurring in the flood plain as
delineated on Federal Emergency Management Agency FIRM Community Panel
Map 080266 0480 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.
5) The installation of any septic system within the 100 -year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed with in the floodway.
6) All structures requiring building permits shall be located within the designated
building envelope.
7) 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.
8) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability.
9) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Ault Fire Protection District to the Weld County Building Department.
10) Potential purchasers should be aware that Lots A, B and C may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals. The State Division of Water Resources issues all well permits.
11) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically there after.
12) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
13) 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.
14) 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.
15) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-203.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
16) 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)
17) 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)
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.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
6. The applicant shall submit two (2) paper copies 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.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(W,co.weld.co.us.
9. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By Date April 19, 2009
Chris Gathman Planner III
Mittst
COLORADO
SUBJECT: Background for RE -4887 & RE -4888 proposal (6 RE lots
sharing a single access)
Proposal: Kelley Hammel (Owl Creek Investments LLC) submitted two separate and adjacent 4 -
lot recorded exemption applications. The proposal had a total of 6 lots (Lots A, B and C and RE -
4887 & Lots A, B and C of RE -4888) sharing an access point off of County Road 45. The
applicant was proposing to cluster these lots in an unproductive/unirrigated portion of the
property to allow the remainder of RE -4887 and RE -4888 to remain intact. These areas are
currently under a sprinkler pivot and pasture.
Staff Recommendation: After meeting with the applicant and having discussions between the
Department of Planning Services and Department of Public Works, the Department of Planning
Services decided to administratively approve RE -4887 and RE -4888. Staff felt that the proposed
lot layout would accomplish the goal of helping preserve the sprinkler pivot and pasture land.
However, staff wanted to ensure that conditions were in place to guarantee an adequate internal
access to the lots (similar to a subdivision or PUD standard). Therefore staff attached with the
following conditions of approval:
MEMORANDUM
TO: Tom Honn — Planning Director
FROM: Chris Gathman — Planner III C,
1) Lots A, B and C of RE -4887 and Lots A, B and C of RE -4888 share a 60 -foot access
easement with a 65 -foot radius cul-de-sac turn -around.
2) An on -site maintenance agreement for the interior roadway and access for
construction along with collateral would be required to be submitted and accepted by
the Board of County Commissioners prior to recording the plats. The internal should
be graded and drained to require an all-weather access.
3) All requirement of the Department of Public Works (re: access, stop sign, culvert,
access maintenance, dust mitigation, drainage) as stated in their 2/4/2009 referral
would need to be addressed prior to recording the plat.
PROPOSED RECORDED EXEMPTION
Section 35, T8N R65W
Parcel No. of Subject Property: 0551-35-3-00-004
Owl Investments LLC — 4660 Getaway Dr — Berthoud, CO 80513
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RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED
RECEIPT/AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED -
Parcel Number
C .SS L-3 3-0 C- 0 oy
(12 digit number - found on Tax I.D. information, obtainable 7at the Weld County Assessor's Office or www.co.weld.c.is)
Legal Description Lot 5 4m cideoo RE-;J�//J.iection 35 -,—Township gNorth, Range 5Vest
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No _
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No ,(
FEE OWNER(S) OF THE PROPERTY:
Ge11774 r N/fry E,
Name: Ow I Tit ✓est,nen 15 L. L• L (5l K /TA wrrne(Cj.SfricAmo )
Work Phone #970-)7.-SH33 Home Phone # Email Address kt!Ity, 11,.p,Ill e/(7Cl-ii r4aip'Po-ny
Address: <16z6LCez t Or I
City/State/Zip Code 9,, -14e .j d d Co *C) 5 /3
APPLICANT OR AUTHORIZED AGENT (See Below' Authorization must accompany all applications signed by Authorized Agent)
Name:
Work Phone #
Home Phone #
Email Address
Address'
City/State/Zip Code
Lot A
Smaller Parcel
Lot B
Lot C
Lot D
Water Source
Propo� We 11
Prope J tcrefI
/
Y!� re 05,1 cue!) firepased at I/
Type of Sewer
Pt. ,Pserl . aeAt-
P(o/05ed_ 5a,kL
/qeI Sift
, r0,OSJ5
Proposed Use
5
Re5
/Q es
`%c
Acreage
t c e.f&
,
t //
2,s ac
f a.S-4-c
.:: /oiO 4-c
Existing Dwellings?
If Yes, list address
below:
If Yes, list address
below:
If Yes, list address
below:
If Yes, list address
below:
m rt d d
wa e pi y is vacan or unimprove ..,, a prupcee ter sour
ce and proposed sewer system Tor 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 ofCountyCommissioners. 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 evence rr}ust b, included showing the signatory has to legal authority to sign for the corporation.
're: Owner or Atfthorized Agent Date Signature: Owner or Authorized Agent Date
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RECORDED EXEMPTION (RE) QUESTIONNAIRE
Owl Investments LLC
4660 Getaway Dr
Berthoud, CO 80513
Tel: 970-532-5433
Contact Name: Samuel "Kelley" Hammel
Parcel No. of Subject Property: 0551-35-3-00-004
Legal: Amended Lot 'B' of RE -3698, Portion of Section 35-8-65, Weld County, Colorado
Water Supply:
Lots A, B and C will receive domestic water from proposed wells to be permitted and drilled at the time of construction.
Lot D will continue to be farmed as Ag land, but any future domestic water needs will be from a proposed well to be
permitted and drilled at the time of construction.
Irrigation:
Irrigation water will remain with Lot D.
Sewage Disposal:
At the time of construction is approved, Lots A, B, C and D will install an engineered septic system, constructed and
permitted according to Weld County ISDS requirements
Current Uses of Property:
The site use is currently a combination of an irrigated farm and unproductive dry land. There are no buildings or other
structural improvements.
New Lots:
Lots A, B, and C are clustered on the west edge of the property in un-irrigated unproductive dry land in order to preserve
irrigated agricultural use of the remaining property and to utilize an existing approved access to CR45. The remaining
120 acres in Lot D will remain Agricultural land.
Unique Physical Features:
There are no unique physical features on the site.
Building Envelopes:
No building envelopes are requested.
Use By Special Review:
No Special Review permits are attached to the property.
• •
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM
00s TO: Chris Gathman, Planning Services
C.
11119
COLORADO
WED
DATE: February 4, 2009
pIF
FROM: Matt Figgs, Public Works, and
Don Dunker, P.E., C.F.M., Public Works ISt
SUBJECT: RE -4888, Owl Investments LLC
The Weld County Public Works Department has reviewed this proposal. Our comments and
requirements are as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
WCR 45 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.
The most current road count for WCR 45 is 29 AADT taken in June of 2008.
Please explore whether any proposed lots will be affected by nearby sprinkler pivots.
REQUIREMENTS:
1. The applicant shall utilize the proposed residential/agricultural access to the
proposed Lot D of case RE -4887.
a. A stop sign will be required on the access onto WCR 45 and shown as a signing
plan on final roadway plans. The current edition of the Manual of Uniform
Traffic Control Devices (MUTCD) shall govern the signing plan.
b. The access easement shall have borrow ditches on each side of the roadway to
adequately handle stormwater drainage.
c. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the
property shall pay for materials and the cost of installation for new road access
culverts whenever the installation of a culvert is made necessary by the creation
of a new access from private property to a County road, by any alteration of the
natural flow of water across private property by the owner, or for any other
reason created by any owner of private property. The culvert shall be installed
according to the specification of the Department of Public Works as to size and
location in the County rights -of -way or other County property in which such
culverts may be installed. The culvert size will be determined in accordance with
standard engineering practices. The property owner shall be responsible for
cleaning the borrow ditch to the extent required to accommodate the road access
culvert and insuring proper drainage.
d. Contact Amy Burry, Utility Coordinator for Weld County Public Works, at (970)
304-6496 for a Right -of -Way Permit for any work that may be required in the
right-of-way on WCR 45. A special transport permit will be required for any
• •
oversized or overweight vehicles that may access the site and may be obtained
by calling Amy as well.
2. The applicant shall place on the plat drawing: 30 -foot access easement across
proposed Lot D of case RE -4887 for the benefit of proposed Lots A, B & C for RE -4888.
3. The internal local road easement for Lots A, B, & C shall be sixty (60) feet in width
including a cul-de-sac at the southern end with a sixty-five (65) foot radius. The cul-de-
sac edge of pavement or gravel shall be fifty (50) feet.
a. An on -site maintenance agreement with both Schedules A & B filled out shall be
required for the internal roadway and access for construction.
b. Lots A, B, & C shall have only one access onto the internal roadway. These shall
be shown on the final plat.
c. The internal roadway shall have borrow ditches on each side of the roadway to
adequately handle stormwater drainage. If culverts are required for lot accesses,
a 15 -inch corrugated metal pipe is the County's minimum size requirement. If the
applicant chooses to place a larger culvert, please contact the Public Works
Department to adequately size your culvert.
d. Please include the culvert schedule for each lot's access on the on -site
maintenance agreement.
e. Intersection sight distance triangles at accesses/entrances will be required. All
landscaping within the triangles must be less than 3 ''A feet in height at maturity,
and noted.
f. Please address the issue of who will maintain the internal roadway and access
onto WCR 45.
g. Dust abatement may be required on the internal roadway.
h. Weld County will not maintain the internal roadway or WCR 45 access road.
4. All roadways shall be graded and drained roads to provide an all-weather access.
5. Prior to recording the plat, construction plans for the internal roadway shall be submitted
to Public Works and collateral shall be posted. A grading permit shall be applied for and
granted as well.
a. Construction shall also be completed and be acceptable to Public Works before
the plat is recorded.
6. The drainage of the proposed lots shall not affect the existing drainage of the
surrounding lots.
a. Weld County will not maintain drainage related areas or medians. This must be
addressed by the owner.
7. 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 noxious weeds.
8. Proposed Lots A, B, & C ARE NOT within a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA).
9. A portion of proposed Lot D lies in a SFHA defined by FEMA. This SFHA is
delineated on the current effective Flood Insurance Rating Map (FIRM), panel number
080266 0480 C, dated September 28, 1982. Portions of lots located in the current
effective FEMA 100 -year floodplain may not be buildable.
The applicant shall address the comments listed above for this review process. Comments made during
the RE stage of the review process may not be all-inclusive, as revised materials must be submitted and
other concerns or issues will arise during further review. Issues of concern must be resolved with the
Public Works Department prior to recording.
pc: RE -4888 file M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4888.doc
fii&Itzs;
WUk
COLORADO
Memorandum
TO: Chris Gathman, W.C. Planning
DATE: February 18, 2009
FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: RE -4888, Owl Investments LLC
Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 127.5 acre
parcel. Lots A, B and C will be 2.5 acres and Lot D will be 120 acres in size. There are no
residences located on any of the proposed lots. The proposed lots will be served by individual
wells and by individual sewage disposal systems when homes are constructed.
The following conditions are recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home 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.
Additionally, please note the following:
1. This application is proposing wells as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over
time.
2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams,
etc. may limit the area available for a new or replacement septic system. Prior to
recording the plat the Division recommends that the applicants review the County Code
pertaining to Septic Systems to assure that any installed septic system will comply with
all setback requirements found in the Code. In the event the proposed lot is not of
sufficient size to allow the installation of a septic system the lot may be need to be
enlarged.
• Weld County Planning Department
GREELEY OFFICE
FEB 115 7nnQ
Weld Counf*WR1
Wi�DGCOLORADO
January 21, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Owl Investments LLC Case Number RE -4888
Please Reply By February 21, 2009 Planner Chris Gathman
Project Four -Lot Recorded Exemption
Legal Lot B of 2n° AmRE-3698; Part of Section 35, T8N, R65W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 86 and 1/4 mile west of CR 45. For a more precise
location, see legal.
Parcel Number 0551 35 300004
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
4We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comm ents•
Signature
Agency
❖Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax
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