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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. O100i 35/g RE/7c 0 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 RECEIVED FROM brd 1 I nu fence WIrcrr-ctn 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 ❑ CASH 'SCUBA NO:3,3,:, TOTAL BY WHITE-CUSTOMER CANARY FINANCE COPY i-NL: c. Vi_ii-i�:1,., ilk.ir t.Li ii / i it.Ji V / Vp! : U. u ( --GI" 4-1AilIi OW IER5: EPH CORP. (002 D41, 5TREET, GREELEYJ COLA) &X3/ IINORTH LIR/E1 NW 1/4) SEC. 21 lt1W COR., 8D°51142W 264'0.22 _ Al1/4C0R. SEC. Z/ ----".... (=J'5~cei Pik \ 6,./-7,8h) Fil QJ v� A_!8D°2(�' „W Z' \ MDV L07—W" (10()I GIUI I o \ l� 40.03 7t (3 . \ w / _ )M �kACRES o � V (Ti ` K. 1090.o'. \ \\ N S8v°ZGr , E N. / • ••• -..V1/14 C \� -.t W N ' L T 'Q' \ N- `NI tu 6N-. q 84. 2tt1C 5 \ p J `: O I- • N \ wQ Ate. . c a _ T nr v Scale : I"- 1000r W u. . . pin fund co o pin set .___4,� COd ROAD OAD 57 4 SW CoR,,SEC.2l, °- '& DO"E Z6T5.001- \s,,y4 CO2 T.5AJ.)J .(D7W. ; II u7H L/,t,F_1SWV4SEC. 2/ POIAUT OF BEGl,V.V//1JC� i • lri 1(D S.-r'3 yl- �,� ; �� _ I 7 \...Cizr t //J e a ,f . .c . - /;:; , , o ,-V- 7, I 2Z ,! v � CZ l ( / CAP.AL 4lrr <7 ..,, COLI/VTV RO4l.•a9`SNo.5 2c) 8 27 06;74- prepared b�; Freese �.n�gineerrn,: ; engineering Consultants .�,��� rr 1 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. `(nppR9in, v° e 1.", -fig'-d 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 v f A a s *"a> if col CK „rs 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 �,,,,,,;,,,,,, __ ., My Commission Expires� J Notary Public l„i tip, , , Witness my hand and seal' e. . _ i. Li a 1_ \ 0 - 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. Hello