HomeMy WebLinkAbout20013518.tiff DEPARTMENT OF PLANNING SERVICES RECORED EXEMPTION
WC ADMIN SDTRATIVE REVIEW
COLORADO
Applicant: Donald Wiedeman AmRE-172 Planner: MDM
Legal Description: Lot B of RE-172; being part of the W2 of Section 21, T5N, R67W of the 6TH P.M.,
Weld County, CO
Parcel ID #: 0957 21 000016
Lot C Size: n/a Lot B Size: 97.6+/- acres Lot A Size: 34.9+/- acres
Water Source: Little Thompson Water DistrictMT � Sewer System: Septic
Criteria Checklist
Yes No
X 1. Conforms with the Weld County's Comprehensive
Plan and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 11.8 of the Weld County Subdivision
Ordinance.
X 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 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance 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.
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2. Prior to recording the plat:
A. The applicant shall submit to the Weld County Department of Planning Services
evidence that any existing septic system meets all requirements of the Weld County
Department of Public Health and Environment. The Weld County Department of Public
Health and Environment was unable to locate a septic permit for the septic system
located at 26886 Weld County Road 17. Any existing septic system which is currently
not permitted through the Weld County Department of Public Health and Environment
will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In
the event the system is found to be inadequate, the system must be brought into
compliance with current I.S.D.S. regulations.
B Lot A and B shall use the existing residential/agricultural/oil and gas/ditch road access
points necessary for agricultural operations as no additional accesses shall be granted.
C. 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.
D. Weld County Road 17 is designated on the Weld County Transportation Plan Map as
an arterial road,which requires 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 centerline of Weld County Road 17
shall be delineated right-of-way on the plat. This road is maintained by Weld County.
E. Weld County Road 54 is designated on the Weld County Transportation Plan Map 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. A total of 40 feet from the centerline of Weld County Road 54
shall be delineated on the plat as right-of-way reservation for future expansion of
Weld County Road 54. This road is maintained by Weld County.
F. The applicant shall provide the Weld County Department of Planning Services with a
certificate 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) 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 Zoning Ordinance,the required setback
is measured from the future right-of-way line.
2) No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform 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 Weld County Zoning Ordinance, Section 61.3.
3) Any future structures or uses on site must obtain the appropriate zoning and
building permits.
4) Prior to the release of building permits for any structure exceeding 3,600 square
feet, the applicant must comply with the requirements of Appendix Ill-A of the
Uniform Fire Code.
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 Weld County Ordinance 169A.
6) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most
productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: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; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be
moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
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.
Weld County covers a land area of over 4,000 square miles in size (twice the
State of Delaware)with more than 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. Snow
removal for roads within subdivisions are of the lowest priority for public works
or may be the private responsibility of the homeowners. Services in rural areas,
in many cases,will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient that urban dwellers.
•
Children 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 present real
threats to children. Controlling children's activities is important,not only for their
safety, but also for the protection of the farmer's livelihood. Parents are
responsible for their children.
3. This Recorded Exemption was approved to bring an illegal parcel into compliance with Weld County's
land use division process. However, Lot A of this Amended Recorded Exemption must be less than
35 acres and no portion of Lot A shall be located north of the Loveland/Greeley Canal.
4. The applicant shall submit a Mylar plat to the Weld County Department of Planning Services to be
recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in
accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The
plat shall be submitted within sixty (60) days from the date of approval by the Weld County
Department of Planning Services. The applicant shall be responsible for paying the recording fee.
5. 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.
BY CAP(t �Qre Date January 3, 2001
Mo ica Daniels-Mika •, Director
�W�`iD� APPLICATION FLOW SHEET
COLORADO
APPLICANT: Donald Wiedeman CASE#:AmRE-172
REQUEST: Amended Recorded Exemption
LEGAL: Lots A&B of RE-172; located in part of the W2 of Section 21, T5N, R67W
LOCATION: East of and adjacent to WCR 17; apporx. 1/4 mile north of WCR 54
PARCEL ID #: ACRES: 34.9
Date By
Application Received 11/28/00
Application Completed 11/28/00
Referrals listed n/a
Design Review Meeting (PUD)
File assembled
Letter to applicant mailed
Referrals mailed
Chaindexed 11/28/00 wi
Vicinity map prepared
Field check by DPS staff
Administrative Review decision:
Date By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action:
CC resolution received
Recorded on maps and filed 3JU-}c/
Overlay Districts Road Impact Fee Area:
Zoning AG Yes No_X_
Airport Yes No_X_ SW Weld #1 #2 #3
Geologic Yes No_X_ Windsor
Flood Hazard Yes No X
Panel #
• •
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 North 17th Avenue
Greeley,CO 80631
(970)353-6100-Fax (970)304-6498
DATE /1/C32 k .RECEIPT ?}' U 5 3 2 �a
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NO. TYPE FEES
422R SE
4221 -ZPMHIMHZP/ZPAD
4221-USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221 •PUD
4221 •SUBDIVISION
4221 BOA
4221 •MINOR SUB
4221 -FHDPIGHDP
4221 -REPLAT
6560-RECORDING FEE
4430•MAPS/PUBLICATIONS
4730-INVESTIGATION FEE
4430-POSTAGE/HANDLING
130
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1 LEGAL DESCRIPTION
IThe West Half (WIz) of Section 21 , Township 5 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as follows :
Beginning at the Southwest Corner (SW Cor) of said Section 21 , and considering
the South Line of the Southwest fluarter (SW'a) of said Section 21 , as bearing
1 North 90 00'00" East , with all other bearings contained herein relative thereto;
, Thence North 90 00'00" East, along the South Line of said Southwest fluarter (SW' ) ,
2698.06 feet to the South Quarter Corner (Sb Cor) of said Section 21
Thence North 00 03 '44" East, along the East Line of the West Half (Wl ) of said
' Section 21 ,5297.77 feet to the North Quarter Corner (Nb Cor) of said Section 21 ;
.:J, Thence North 89 51 '42" West, along the North Line of the Northwest Quarter (NWl )
}1 of paid Section 21 , 2646.22 feet to the Northwest Corner (NW Cor) of said Section 21
/ \t The ce South 00 33 ' 56" West, along the West Line of the Northwest Quarter (NWa)
( 1\ of aid Section 21 , 2689. 55 feet;
f'1 �� Th nce South 00 40'44" West, along the West line of the Southwest Quarter (SW;)
cl '', /of said Section 21 , 2614 .92 feet to the Southwest Corner (SW Cor) of said
1 \\ S tion 21 , said point being the Point of Beginning .
) \ S id described parcel of land contains 325,019 Acres , more or less , and is
\ , ubject to any rights-of-way or other easements as recorded by instruments of
J record or as now existing on said parcel of land.
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I hereby certify that this plat was prepared under my supervision;1'anrthat O.4c.,
s me is correct to the best of my knowledge and belief. j Id
t;; 41/4192 isi.0a
JASPE EES nr( is
Colora E. & L .S. NO. 4392 V<r
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EPH Corporation, being the sole owner in fee of the above described property
do hereby subdivide the same as shown on the attached map.
Ed Haefeli , Presidint
The foregoing certification was acknowledged before me this /AL day
A.U. , 19 75 �,,,,,,;,,,,,, __
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My Commission Expires� J
Notary Public l„i tip, , ,
Witness my hand and seal' e. . _
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The o panying plat is accepted and approved for filing . "fe;‹,r'%''' ,' C'-N'
d vy.2
HA 4 N O E BOARD ( f COMMISSIONERS,
ATTEST: County Clerk _/—
�By \.c.__ ,-4�aJ
Dated — -7 ,-� 3- 75
J08: 74- 7/(0
SWEET' Zee.
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