HomeMy WebLinkAbout20091436.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #4911 - EDWARD AND
JANET SCHMIDT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Recorded Exemption #4911 for Edward
and Janet Schmidt, and
WHEREAS, a hearing before the Board was held on the 22nd day of June, 2009, at which
time the Board deemed it advisable to refer said matter back to staff, to allow Edward and Janet
Schmidt adequate time to resolve certain legal issues before proceeding.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned matter be, and hereby is, referred back to staff.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of June, A.D., 2009.
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Weld County Clerk to the
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BOARD OF COUNTY COMMISSIONERS
WELD T OLORADO
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Sean P. Conway
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Barba Kirkmeyer
County Attorney
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David E. Long
2009-1436
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COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER: Jacqueline Hatch-Drouillard
CASE NUMBER: RE -4911
APPLICANT: Edward and Janet Schmidt
ADDRESS: 24250 County Road 58, Greeley CO 80631
REQUEST: Two Lot Recorded Exemption
HEARING DATE: June 15, 2009
LEGAL DESCRIPTION: Lot B Corrected RE -4572 being part of E2 NW4 & NE4 SW4 of Section 18, T5N, R64W of
the 6th P.M., Weld County, CO
PARCEL NUMBER: 0963 18 200008
PARCEL SIZE: 76.6 ZONE DISTRICT: Agricultural
WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system
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 24-8-20.C.1 of the Weld County Code:
Section 24-8-20.C.1 states when a contiguous ownership equals at least one hundred sixty (160) acres,
or is a parcel otherwise recognized as a complete quarter section, a portion of the parcel equal to the
minimum buildable lot size (eighty [80] acres, or a parcel otherwise recognized as half of a quarter
section) may be used in the two -lot recorded exemption application. When a contiguous ownership
equals two (2) or more parcels created prior to the initiation of subdivision regulations, a single parcel
may be used in the two -lot recorded exemption application. Lot B of a two -lot recorded exemption is
eligible for future land exemption five (5) years from the date of recording the exemption plat, in
accordance with Section 24-8-40.M.
8. Section 24-8-40.M states After March 1, 2004, the proposed recorded exemption is eligible for land
exemption if it is not part of:
1. The largest lot of a recorded exemption which was recorded within the last five (5) years.
2. The largest lot of a recorded exemption which was done in conjunction with a subdivision
exemption which was recorded within the last five (5) years.
The property in question is Lot B of Corrected RE -4572. RE -4572 was recorded on March 7, 2007 reception
number 3460515 and the Corrected RE -4572 was recorded on May 11, 2007 reception number 3475373. Per
Section 24-8-40.C.1 and Section 24-8-40.M Lot B would not be eligible to divide through the Recorded
Exemption process until March 7, 2012.
The applicants are requesting to divide Lot B at this time to create two lots. Lot A would have a single family
dwelling and outbuildings on approximately 23 acres. Lot B is proposed to be developed as recharge ponds for
2009-1436
the purpose of well augmentation plans by the Lower Latham Reservoir Company on approximately 51.6 acres.
The recharge ponds are expected to cover less than 25 acres. Several recharge ponds of about 3-5 acres
each will be constructed by excavating the top 5 -feet of soils surrounded by a short berm to act as a perimeter
barrier.
Should the Board of County Commissioners approve this request, the Department of Planning Services staff
recommends the following conditions be attached:
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.
A. 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.
B. Prior to recording the plat:
a. The plat shall be titled: Recorded Exemption No. 0963-18-2 RE -4912
b. Lot A shall use the existing residential access point as no additional accesses shall be granted.
c. Lot B shall use the existing agricultural access points as no additional accesses shall be granted.
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 49.5 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 and delineate on the
plat 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.
f. County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which
requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional
10 feet shall be delineated on the plat as future County Road 59 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the 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 Department of Building Inspection, as
stated in the referral response dated April 1, 2009. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
h. The applicant shall attempt to address the requirements (concerns) of Central Weld County Water
District, as stated in the referral response dated April 10, 2009. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
The applicant shall address the requirements of Weld County School District RE -7 as stated in the
referral response dated April 6, 2009. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
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 applicant shall submit in writing to the Department of Planning Services a request to vacate USR-
1325 for two single family homes on the property. The second home was broken off through Corrected
RE -4572 on March 7, 2007. The letter shall be signed by both Edward and Douglas Schmidt and
approved by the Board of County Commissioners.
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 is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld
County Code.
4) 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.
5) Prior to the release of building permits, the applicant shall submit evidence to the Department of
Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and
dependability.
6) Prior to the release of building permit, the applicant shall submit evidence of approval from the
Platte Valley Fire Protection District to the Weld County Building Department.
7) 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.
8) 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.
9) 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)
10) 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)
11) Prior to the release of building permits, 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.
12) The property owner acknowledges that mineral owners and lessees have real property interests
that entitle them to surface use in accordance with Colorado State Statutes and applicable
Colorado oil and Gas Conservation Commission regulations.
13) 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
3. 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.
4. 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.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded
Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on
satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these
conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County
Commissioners with a staff recommendation for denial.
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
jhatch@co.weld.co.us
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
May 27, 2009
Edward and Janet Schmidt
24250 County Road 58
Greeley CO 80631
Subject: Recorded Exemption (RE -4911)
Legal Description: Lot B of Corrected RE -4572 being part of the E2NW4 & NE4SW4 of Section 18, T5N, R64W of the
6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Schmidt:
This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the
Department of Planning Services and it has been determined that the application does not meet the standards
of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code and the application should be reviewed
by the Board of County Commissioners. This application is scheduled before the Board of County
Commissioners on June 15, 2009 at 9:00 a.m. The Board of County Commissioners meet at the Centennial
Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter.
Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you may be
asked if you are in agreement with the conditions.
If you need any further information, please feel free to contact me at the above address, telephone number or e-mail
address.
Sincerely,
'7
•
Jacqueline Hatc -Drou ardl`J
Planner
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