HomeMy WebLinkAbout20011347.tiff RECORDED EXEMPTION NO. 0801-09-4 RE-2952
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' N. p PLS 9644 LOCATION MAP ` V As{ 1. t
\_\`l i WELD COUNTY, COLORADOLOCATION
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V) 81
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•
, SHEET NO. 1 OF 1
DATE NDu REVISIONS BY CKOje ALLZO A�ASSOCIATES,INC. RECORDED LT�TIOM RE-2992
4ze n 2N 9r. LA 6ALLE,co S,IN Orson by: AN Duce: 12/13/01 HOWARD MANUFACTURING COMPANY
800 0th Avenue, Suite 323 BE T/4,SECTION 9
• FAX: (970))254-9564 Checked) RAA Approved: KRA _ WELDT,CCLOOMG
Greeley. CO 80631
NOTES RECEIPT DATE Iw- /f-ol NQ
t i1-'
7
RECEIVED FROM 1T& �/csf/My wai'd #1I5.
ADDRESS P.O. Bet 347, Gr1;el", CJ
$ � SoO,C'v
FOR Cls4 !., Lie K. /L.11.f Dcd d c4-r
RE- 295/ RE-29s 2.
1Sd �,.
�:ao t 3133; ✓ By 4.4,41.-/ �l2 CJ
-..._...«.....:.....�.+.�.u�....�:.L.�..__--- - .� ,1998 RECIF M 8L
�T DEPARTMENT OF PLANNING SERVICES
1555 N. 1T"AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
O - PHONE (970)353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
December 2, 2001
Howard Manufacturing Company
8166 South Adams Way
Littleton, CO 80122
Re: Conditions of Approval: RE-2950, RE-2951, RE-2952
Dear Howard Manufacturing Company,
On May 21, 2001 Recorded Exemptions 2950 and 2952 were approved with specific conditions of
approval by the Weld County Board of Commissioners. Recorded Exemption 2951 was approved by
staff in May of 2000.
One of the required Conditions of Approval granted you 60 days to submit a mylar plat. Should you wish
not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be
notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet
the conditions of approval, you will be scheduled for a Board of County Commissioners hearing.
Planning Staff will be recommending denial of your request at the hearing. If your application is denied
by the Board of County Commissioners, the decision could effect future land development applications
located on the parcel. Withdrawing the applications will not effect future applications.
We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing
to work with all of our clients. I will be available to answer any questions and concerns you have. Please
notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above
address, phone number or e-mail address.
Sincerely,
Chris Gathman
Planner-AICP
a
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`" AVENUE
' GREELEY, COLORADO 80631
111 WEBSITE: www.co.weld.co.us
O
E-MAIL: kogle@co.weld.co.us- PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
December 2, 2001
Howard Manufacturing Company
C/O Wayne Howard
800 8th Avenue, Suite 323
Greeley, CO 80631
Re: Conditions of Approval: RE-2950, RE-2951, RE-2952
Dear Mr. Howard,
On May 21, 2001 Recorded Exemptions 2950 and 2952 were approved with specific conditions of
approval by the Weld County Board of Commissioners. Recorded Exemption 2951 was approved by
staff in May of 2000.
One of the required Conditions of Approval granted you 60 days to submit a mylar plat. Should you wish
not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be
notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet
the conditions of approval, you will be scheduled for a Board of County Commissioners hearing.
Planning Staff will be recommending denial of your request at the hearing. If your application is denied
by the Board of County Commissioners, the decision could effect future land development applications
located on the parcel. Withdrawing the applications will not effect future applications.
We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing
to work with all of our clients. I will be available to answer any questions and concerns you have. Please
notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above
address, phone number or e-mail address.
Sincerely,
•
Chris Gathman
Planner-AICP
4 t*/ MEMORANDUM
WICTO: Wayne Howard May 17, 2001
COLORADO From: Chris Gathman, Current Planner
SUBJECT: RE-2950/RE-2952 conditions and copy of Weld County RE-7
referral
* Attached is a copy of the referral for the Weld County RE-7 School District (for conditions of
approval 4E - RE-2950 & 4G - RE-2952).
Additional Condition of Approval:
There was not a copy of a current deed describing the 80 acre parcel for RE-2950 and the 160
acre parcel for RE-2952. Therefore I will add the following as a condition of approval prior to
recording the plat:
* "The applicant shall submit a copy of a recorded deed of the parcel on which RE-
2950/2952 is proposed. "
Water Rights:
I have a question regarding water rights that should be addressed prior to the hearing . (This
question will likely be brought up at the meeting.)
What water rights are to remain with the proposed RE properties?
* The latest deed in the certificate of conveyances (1976) lists " 100-acre feet of Colorado
Water Conservancy District" water with Section 9.
* Has any of this water been sold off?
* Does the applicant have evidence of remaining water rights that he owns?
RESOLUTION
RE: APPROVAL OF THREE-LOT RECORDED EXEMPTION #2952 - HOWARD
MANUFACTURING COMPANY, C/O WAYNE HOWARD
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 of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of
the Board, that a certain parcel of land, to be divided into three parcels, as shown on the plat
known as Three-lot Recorded Exemption #2952, does not come within the purview of the
definition of the terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Three-lot Recorded Exemption #2952 was submitted by
Howard Manufacturing Company, do Wayne Howard, 800 8th Avenue, Suite 323, Greeley,
Colorado 80631, for property which is located in part on the following described real estate, to-
wit:
SE1/4 of Section 9, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 140 acres, 10 acres, and 10 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms, "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that Three-lot Recorded Exemption #2952
by Howard Manufacturing Company, do Wayne Howard is, approved conditional upon the
following:
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.
2. The source of water for the lots is proposed to be a well. The applicant should be
aware 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 applicant
is encouraged to contact the Office of the State Engineer, Division of Water
Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, (303)-
866-3581.
4,010)
2001-1347
pa : P/ ,4p p) RE2952
RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD
PAGE 2
3. The Plat shall be titled Recorded Exemption No. 0801-09-4 RE-2952
4. Prior to recording the plat:
A. The applicant shall submit a proposed building envelope for Lot C 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. 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 23-6-10 of the Weld County Code.
B. In accordance with Chapter 8 of the Weld County Code, Lots A, B and C
shall be granted one residential access. Direct access from a public road
shall be limited to one access per legal parcel for residential use, no
circle drives or additional accesses shall be granted. Access will be
placed in such a location as to have adequate sight distance in both
directions and not below the crest of a hill or where physical obstructions
are present. This access shall be a minimum of 75 feet from any
intersecting County or State roadways.
C. Lot C shall utilize the existing agricultural/oil and gas/ditch road accesses
necessary for agricultural operations. No circle drives or 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 access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the
applicant chooses to place a larger culvert, contact the Department of
Public Works to adequately size the culvert.
E. Weld County Road 70 is designated on the Weld County Transportation
Plan Map as a local gravel road, which requires sixty (60) feet of right-of-
way at full build out. There is presently sixty (60) feet of right-of-way. A
total of thirty (30) feet from the centerline of Weld County Road 70 shall
be delineated on the plat. This road is maintained by Weld County.
F. Weld County Road 55 is designated on the Weld County Transportation
Plan Map as a local gravel road, which requires sixty (60) feet of right-of-
way at full build out. There is presently sixty (60) feet of right-of-way. A
total of thirty (30) feet from the centerline of Weld County Road 55 shall
be delineated on the plat. This road is maintained by Weld County.
2001-1347
RE2952
RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD
PAGE 3
G. The applicant shall address the requirements of the Weld County School
District RE-7, as stated in a referral response received October 11, 2000.
Evidence of such shall be submitted in writing to the Department of
Planning Services.
H. The applicant shall provide the Department of Planning Services with a
certificate from the County Treasurer showing no delinquent taxes for the
original parcel (mother parcel) area.
The following notes shall be placed on the plat:
1) All proposed or existing structures will 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, 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 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 23-6-10 of
the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
3) Prior to the release of building permits for Lots A and B, the
applicant for the building permit shall be required to submit to the
Department of Planning Services, evidence of an adequate water
supply of sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be
required to submit a recorded deed describing the lot upon which
the building permit is requested with the building permit
application. The legal description on such deed shall include the
Lot designation and Recorded Exemption number.
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 of the Weld County Code.
2001-1347
RE2952
RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD
PAGE 4
6) 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.
7) Weld County's Right To Farm statement, as it appears in the
Weld County Code, Appendix 22-E, shall be placed on the Plat.
J. The applicant shall submit a copy of a recorded deed for the 160-acre
parcel on which Recorded Exemption #2952 is proposed.
5. The applicant shall submit a mylar plat to the 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 24-8-70 of the Weld
County Code. The plat shall be submitted within sixty (60) days from the date of
approval by the Weld County Board of Commissioners. The applicant shall be
responsible for paying the recording fees.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
E� WELD C NTY, COLORADO
ATTEST:
1 �erPfr J. eile, Chair
Weld County Clerk to the • re,
BY. S� - /p� 3 XCUSED
‘i�` / `�,u l; Glenn Vaad, Pro-Tem
Deputy Clerk to the Board
�`'"� ryli. H. Jerke�
4PPR ED AS TI�� �
vi . Long
Aounty Attort�
Robert D. Mas en
2001-1347
RE2952
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
WEBSITE:www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
May 9, 2001
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions 2950 and 2952
Dear Commissioners:
Howard Manufacturing has two Recorded Exemptions to occur on the SE4 NW4 SW4 NE4 and the
SE4 of Section 9, Township 6, Range 64. Recorded Exemption 2950 is located 1/4 south of Weld
County Road 72 and 1/4 west of Weld County Road 55. Recorded Exemption 2952 is located north
of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 55. The
total acreage involved in these recorded exemptions and subdivision exemptions is 240 acres. There
is a Federal Aviation Administration radar facility currently located on the recorded exemption 2950
site. There are no residences located on the recorded exemption 2952 site.
The proposed recorded exemptions, if approved, would create a total of 11 lots located outside of an
urban growth boundary. The proposed recorded exemptions are located 7 miles outside of the Town
of Eaton. Section 24-2-60 A.Goal 3 of the Weld County Code states: "Discourage urban-scale
residential, commercial, and industrial development which is not located adjacent to existing
incorporated municipalities."
Section 23-3-10 of the Weld County Code states "Agriculture in the county is a valuable resource
which must be protected from adverse impacts resulting from uncontrolled and undirected business,
industrial and residential land uses. The proposal does not appear to be consistent with the intent of
the Agricultural Zone District. Lot B of RE-2950 and Lot C of RE-2952 contain portions of an existing
irrigation circle. The proposed recorded exemptions would allow these lots to be sold separately to
another party without irrigation water. The Department of Planning Services offered an alternative
layout for the recorded exemptions in which the majority of the irrigation circle would be located on
Lot C of a three-lot recorded exemption. The applicants have decided not to pursue this alternative.
2001-1347
Additionally, the recorded exemption process does not require the applicant to provide the same
services that subdivisions require. As an example, applicants are not required an internal access that
meets county standards and a drainage report is not required to address impacts created by water
runoff from multiple residential lots. There is also no public process involved in the recorded
exemption process to allow neighboring land owners to comment on the potential impacts of these
proposed uses.
The applicants have not demonstrated that an adequate legal access exists for all proposed lots to a
public road. The proposed configuration of Recorded Exemption 2950 would create two parcels
without direct access to public right-of-way. The FAA uses an existing lease to the parcel to the north
to access their existing facility. Section 24-8-80.C of the Weld County Code states: "A flag lot
configuration shall be avoided when possible." There are no provisions in the Weld County
Subdivision Ordinance for the allowance of island lots.
For these reasons Planning staff believes that the proposed recorded exemptions evade the
statement of purpose as set forth in Section 24-1-30 of the Weld County Code.
Planning staff believes that the applications are not in compliance with Section 24-8-40.B of the Weld
County Code. For this reason we are requesting the case be reviewed by the Board of County
Commissioners.
The Department of Planning Services' staff requests that the Board of County Commissioners
consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld
County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld
County Comprehensive Plan.
Sincerely,
&.�'
/3 stJaaYU+tiav�Chris Gathman
Planner
WliP C.
DEPARTMENTSERVICES
RE CORDED EX MPTION
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: May 21, 2001
CASE NUMBER: RE-2952
APPLICANT: Howard Manufacturing Company C/O Wayne Howard
ADDRESS: 800 8`"Avenue, Suite 323, Greeley, CO 80631
REQUEST: 3-Lot Recorded Exemption
LEGAL DESCRIPTION: SE4 Section 9, Township 6 North, Range 64 West, Weld County, Colorado
PARCEL NUMBER: 0801 09 000042
PARCEL SIZE: 160 Acres ZONE DISTRICT: Agricultural
WATER SOURCE: Lot A: North Weld County Water District SEWER SOURCE: Septic systems
Lot B: North Weld County Water District
Lot C: North Weld County Water District or Well
The Department of Planning Services'staff has reviewed this request and is recommending denial for the following
reasons:
1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Section
24-8-40.B of the Weld County Code, as follows:
A. Section 24-8-6.3 Consistency with the intent of the zone district the recorded exemption is located
within as expressed in Chapter 23 of the Weld County Code. Section 23-3-10 of the Weld County Code
states"Agriculture in the county is a valuable resource which must be protected from adverse impacts
resulting from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural)District is established to maintain and promote agriculture as an essential feature of the
county. The A(Agricultural)District is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production without the interference of other,
incompatible land uses." This recorded exemption along with the other recorded exemption
application would create a total of five(5)lots. The Recorded Exemption process does not require the
applicant to provide the same services that a subdivision process would require. The applicant is not
required to provide an internal road system or any other requirements of a subdivision. There is also
no public process involved in which neighboring properties can comment on the proposed land division.
This recorded exemption is proposed on"prime"agricultural land as delineated on the 1979 USDA Soil
Conservation Service Map. The majority of the parcel is located within an existing irrigation circle .
The applicant also owns lands to the south that are within the irrigation circle. Approval of this recorded
exemption would separate this 160 acre parcel from the remainder of the land within the existing
irrigation circle and would allow the parcels to be sold off separately from the adjacent irrigated lands.
This would reduce the viability of these parcels for agricultural production.
B. Section 24-8-40 8.4-Consistency with the purpose of efficient and orderly development as expressed
in Section 24-1-30 of this Ordinance.
1)Section 24-1-30.A-Assisting Orderly and Integrated Development. Section 24-2-60(A.Goal
3) of the Weld County Code states: "Discourage urban-scale residential, commercial, and
industrial development which is not located adjacent to existing incorporated municipalities."The
proposed recorded exemptions in addition to existing adjacent recorded exemptions would
create a total of eleven lots within this section. This section is not located within an existing
intergovernmental agreement area or urban growth boundary and is located approximately
seven (7) miles east of Eaton.
2)Section 24-1-30.8. - Promoting the health, safety and general welfare of the residents of the
County. The scale of development proposed is greater than a standard Recorded Exemption.
Recorded Exemption requirements are not equipped to address the potential impacts of urban
scale development created by multiple recorded exemptions.
3) Section 24-1-30.E. - Encouraging well-planned subdivisions by establishing adequate
standards for design and improvement. The Recorded Exemption process is not intended to
be used in place of the subdivision process when the approval of the recorded exemptions will
create several lots in the same area.
4) Section 24-1-30.G. - Safeguarding the interests of the public, the homeowner, and the
subdivider. (See above Sections)
5)Section 24-1-30.H. -Securing equitable handling of all subdivision plans by providing uniform
procedures and standards. (See above sections)
6)Section 24-1-30.J. -Preserving agricultural land and promoting its most productive agrarian
use. The proposed recorded exemption will split off 160 acres from an existing irrigated crop
circle which would allow it to be sold off separately without irrigation water for agriculture.
C. Section 24-8-80.J-The proposed recorded exemption does not evade the statement of purpose as set
forth in Section 24-1-30 of this Chapter. It is the opinion of the Department of Planning Services'staff
that the proposed recorded exemptions do in fact evade the statement of purpose as set forth in Section
24-1-30 of the Weld County Code for all of the reasons stated previously.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
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.
2. The source of water for your lots is proposed to be a well.You should be aware 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, we
encourage you to contact the Office of the State Engineer, Division of Water Resources,to discuss your individual
situation.They are located at 1313 Sherman Street, Room 818, Denver, Colorado 80203.Their phone number is
303-866-3581.
3. The Plat shall be titled Recorded Exemption no. 0801-09-4 RE-2952
Howard Manufacturing RE-2952 recommendations 2
4. Prior to recording the plat:
A. The applicant shall submit a proposed building envelope for Lot C 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.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 23-6-10 of the Weld
County Code.
B. In accordance with Weld County Department of Public Works Ordinance#180,Lots A,B and C shall
be granted one residential access. Direct access from a public road shall be limited to one access
per legal parcel for residential use, no circle drives or additional accesses shall be granted.Access
will be placed in such a location as to have adequate sight distance in both directions and not below
the crest of a hill or where physical obstructions are present.This access shall be a minimum of 75
feet from any intersecting County or State roadways.
C. Lot C shall utilize the existing agricultural /oil and gas / ditch road access points necessary for
agricultural operations. No circle drives or 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 access
point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant
chooses to place a larger culvert, please contact the Department of Public Works to adequately size
the culvert.
E. Weld County Road 70 is designated on the Weld County Transportation Plan Map as a local gravel
road, which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet
of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 70 shall be
delineated on the plat. This road is maintained by Weld County.
F. Weld County Road 55 is designated on the Weld County Transportation Plan Map as a local gravel
road,which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet
of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 55 shall be
delineated on the plat. This road is maintained by Weld County.
G. The applicant shall address the requirements of the Weld County RE-7 School District as stated in
a referral response received October 11,2000. Evidence of such shall be submitted in writing to the
Department of Planning Services.
H. The applicant shall provide the Department of Planning Services with a certificate from the County
Treasurer showing no delinquent taxes for the original parcel (mother parcel)area.
I. 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.
Howard Manufacturing RE-2952 recommendations 3
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 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 23-6-10
of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits for Lots A and B, the applicant for the building permit shall be
required to submit to the Department of Planning Services, evidence of adequate water supply of
sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application.The
legal description on such deed shall include the Lot designation and recorded exemption number.
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 Ordinance 169A.
6) 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.
7) 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.
Howard Manufacturing RE-2952 recommendations 4
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.
5. The applicant shall submit a mylar plat to the 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 Department of Planning Services. The applicant shall be responsible for paying the recording fees.
6. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should the
applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, this case will be
forwarded to the Board of County Commissioners with a recommendation for denial.
By: ( 1(AJp , itmAad&t,-. Date:_5/9/01_
Chris Gathman - Planner,AICP
Howard Manufacturing RE-2952 5
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
September 29, 2000
Wayne Howard
907 30th Ave Ste 105
Greeley, CO 80631
Subject: RE-2952 A Recorded Exemption located on a parcel of land described as SE4 of Section 9,
Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Howard:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria,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 recorded exemption.
If you have any questions concerning this matter, please call me.
Sincerely, L
_
Chris Gathman, A.I.C.P.
Planner
„,_ � SE 44.
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. . . . ::.::.:....<.............
......................
Item Comments Check
Proper size of plat 24” X 36" or 18" X 24"
Boundaries of Lot(s) /
_7C— i..;-: ‘''Q'
O "11Scale Suitable Scale.ry (Approx. I =200r or I =100)rliv1°dor ! _ Dc,
Access indicated Shared access? If so, is Easement Certificate included? 1...../'
L.
Roads labeled, including R.O.W. ‘./ I
r
Building Envelope(s) SND►CITE P+CREKS 4...------" _TA�E
soS,rn'F
Vicinity Map Suitable Scale? (Approx. 1"=2000'); Not on SE Da WE
North Arrow
Legal Description e./
dotes from Planner/
Mottos 3 C adldtr "C")-)of c: .s c Jc rw+4J.. v .at a• -
Development Standards
i
Conditions Of Approval hstick
f i° DK B4�. EA./does--. r f
completed? 4.).t.,\& CAS� P.E.--7 Sciool 35.
IA r W "{Icy., o 0.Kt.S
7 61 Q0�O�
Owner's Certificate Notarial Certificate included? If deed indicates twoC___ . c:1461--
owners,have both signed the plat?
earcAN•tii S
Surveyor's Certificate, All surveyed plats are N 4
Surveyor's stamp Note: USR plats do not need to be surveyed rr
Director of Planning Certificate Notarial Certificate included?
(RE,SE. SPR, Final PUD, if Staff Approved) AIM
Planning Commission Certificate (USR's,COZ,) N/A
Board Certificate (USR's, COZ. Final PUD but not if it was Staff approved) /y;,y���
*RE,SE&ZP.'VIH,if Board approved. \` i1,
Typical Road Cross Section If a COZ, Final PUD N/A
Easements If Final PUD H /A
Please return the pint to CAD Tech. within 24 hours of receiving the plat. Ni
ii
Planner On Call: (Initials) / f4
A.,to IZZ /0Z1 1vic:,�ACA. •Planner Signature: 1 Date: ova �eS
—DoV �l e� .P-E- C1Ca-
�,+�ctC,h V S. 2-9 So c..D�P� re c„�s�O1„
FIELD CHECK inspection date: 5/23/00
CASE NUMBER: R5—
APPLICANT: WajVUL N ..3 1
LEGAL DESCRIPTION:
LOCATION: of and adjacent to Weld County Road
Zoning. Land:Use N A :'Agricultural) N c1co0 aAAd...
E A (Agricultural) E f (50A awl I. �C ropl a,Aot
S A (Agricultural) S cc.0 \C&A1 re5,'
W A (Agricultural) W co _ J.f Cropto,oZ
COMMENTS:
RC: ► S I A, Scc v b tL h
N04347‘o
. S aL Cocca.'
o± - no‘-- tQJ--v‘ emsA - t_ pc-0
• jjelt/c70 ,
Chris Gathrnan, Current Planner
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Howard Manufacturing / Wayne Howard CASE #: RE-2952
REQUEST: Three Lot Recorded Exemption
LEGAL: SE4 of Section 9, T6N , R64W
LOCATION : North of and adjacent to WCR 70; west of and adjacent to WCR 55
PARCEL ID #: 0801 09 000042 ACRES :,89' ((vO
Date By
Application Received 9/11 /00 sl
Application Completed 9/11 /00 sl
Referrals listed 9/27/00 wi for cg
Design Review Meeting (PUD)
File assembled /047/00
0)47 ! 1 FS
Letter to applicant mailed t 4'l / / /PP If 1/ ��tll;
Referrals mailed / ( lQ A
Chaindexed /r/34
Vicinity map prepared
Field check by DPS staff
Administrative Review decision:
Date By ta
County Commisioners Hearing Date (if applicable) Srt1101 Afrou
Surrounding property owners notified
Air photo and maps prepared 47 X74
CC action:
CC resolution received
Recorded on maps and filed 3-47002- -
Overlay Districts Road Impact Fee Are
Zoning Yes No
Airport No SW Weld_ #1 #2 #3_
Geologic Yes No Windsor
Flood Hazard Yes No
Panel #15b( p(p (l.C,j_
35 N. 17th Avenue, Greeley, Colorado 86. i
Phone (970) 353-6100, Ext. 3540 - Fax#(970) 304-6498
APPLICATION FOR RECORDED EXEMPTION �� � ���/f00
,.
Application Fee j9O vc Receipt Number Case Number 0-_-(--)c-1,5",..
Recording Fee /n °" Zoning District
Application Checked By R eipt Number Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Legal Description: SE % , S9,T6N, R64W Total Acreage: 160 Zoning AG
Parcel Number 0 8 0 1 0 9 0 0 0 0 4 2 ___ (12 digit number - found on Tax I.D. Information or
obtained at the Assessor's Office).
Has this 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 X No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No X ; Airport: Yes_ No X ; Geological Hazard: Yes_ No X
FEE OWNERS OF PROPERTY
Name: Howard Manufacturing Company Home Phone# 303-694-6781 Work Phone#
Address: 8166 S. Adams Way City/State/Zip Code Littleton, CO 80122
Applicant or Authorized Agent: Wayne Howard Phone# 353-0982
Address: 907 30'"Ave., Ste. 105 City/State/Zip Code Greeley, CO 80634-5100
Name: Home Phone# Work Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source Well/or NWCWD Tap NWCWD Tap NWCWD Tap
Type of Sewer Septic Septic Septic
Proposed Use Agriculture Residential Residential
Acreage 140.0* 10.0± 10*
Existing Dwellings No No No
Yes or No
Existing Dwellings Address (if applicable):
Larger Parcel None Smaller Parcel None
Smaller Parcel( applicable only for 3-lot Recorded Exemption) None
I hereby state that all statements, proposals, or plans submitted with this application are true and correct
to the best'of my knowledge. ✓/�/�/
Rev: 1-27-97 gnat e: Owner or Authorized
ent
6
RECORDED EXEMPTION OUESTIONAIRE
SE'/ Section 9, T6N, R64W
1)a) Domestic Use: The two smaller parcels currently have the availability of a water tap
from the North Weld County Water District as per letter from the Water District.
The larger parcel will also be large enough to apply for either a domestic well or
water tap if necessary.
b) Irrigation Water: Both smaller parcels are presently non-irrigated dry land grazing
and will remain non-irrigated. The larger parcel will remain both partially sprinkler
irrigated and dry land grazing.
2) None of the existing parcels currently have building improvements. Soil types for
all three parcels will adequately support septic systems as required by the Weld
County Health Department.
3) The property is currently being operated as a sprinkler irrigated farm and dry land
grazing operation. It consists of approximately 60 acres of prime farmland and 100
acres of non-prime grazing land, as defined by the Weld County Comprehensive
Plan.
4) Because the highest and best use of the land has changed, the owner wishes to sell the
less productive dry grazing land to reduce debt and maximize highest and best use of
the parcels.
5) The subject parcels are located south east of Galeton, on rural WCR 55 north of WCR
70. The two smaller parcels will be approximately 10.0 acres each, while the larger
parcel will be approximately 140 acres. The area in which the new parcels will be
created consists of predominately irrigated farms from 80-160 acres with some
scattered small rural residential 5-10 acre tracts.
6) There are no unique physical characteristics on the site that need to be addressed.
7) There are no existing structures on any of the parcels. Any future building would
require that all future setback requirements be met when building permits are applied
for.
8) Because of time constraints and potential financial consequences,the owner does not
wish to pursue a conservation easement at this time.
9) There will be a building envelope designated on the larger parcel but not on the two
smaller parcels since both are located on non prime grazing dry land. Neither of the
smaller parcels will take any prime agricultural land out of production. The larger
parcel has one area that would be acceptable for a future home site that is non-
irrigated and would not detract from its agricultural production.
10) The proposed partitioning of this property is consistent with the Weld County
Comprehensive plan and will not detract from its long-range goals or any other
intergovernmental agreements.
11) The proposed uses of all parcels will be compatible with existing surrounding land
uses. Both smaller parcels will be used as rural residential home sites with
agricultural uses.
12)The proposed partitioning of the property is consistent with the intent of the
agricultural district as expressed in the amended Weld County Zoning Ordinance, and
the Weld County Comprehensive Plan. All parcels will remain zoned agriculture and
will allow utilization of each parcel's highest and best use.
13) The proposed partitioning of the property is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3. It
will not create any known hazards or environmental problems to the community.
(et 6
----"•:;,\\
RECEIVE[
OCT 5 2000
pu WELD COUNTY
"lipWeld County ReTer lEPT
C.
COLORADO • September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
i
Applicant Howard Manufacturing Case Number RE-2952
Company
Planner Chris Gathman I
Please Reply By October 23, 2000
Project Three-Lot Recorded Exemption I
Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M.,Weld County,
Colorado.
Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more l
precise location, see legal.
Parcel Number 0801 09 000042
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.
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
O We have reviewed the request and find no conflicts with our interests.
ASee attached letter.
Comments:
Signature r
l anitel (0 -- ri - ego
Agency Ri tit U 1` -Th Date
+Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
striRa MEMORANDUM
TO: Chris Gathman, Planner I DATE: October 23, 2000
II I
FROM: Donald Carroll, Engineering Administrator
C SUBJECT: RE-2952, Howard Manufacturing Company
o•
c nunsty Planning Dept.
COLORADO �e i 2000
The Weld County Public Works Department has reviewed this proposal. This projO > I4 pr ana t r c
under the Weld County Recorded Exemption Standards. Our comments and requirerfferirs areas
follows:
COMMENTS:
WCR 55 is designated on the Transportation Plan Map as a local gravel road,which 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 Ordinance
(Ordinance 89, as amended), the required setback is measured from the future right-of-way line.
WCR 70 is designated on the Transportation Plan Map as a local gravel road,which 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 Ordinance
(Ordinance 89, as amended), the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department has concerns with avoiding the subdivision process.
The applicant has three recorded exemption cases within the same section adjacent to each other.
The access shall be placed in such a location to have adequate sight distance in both directions
and not below the crest of a hill or where physical obstructions are present. (Lots A and B)
If a drainage culvert is required, 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. (Lots A and B)
Direct access from a public road shall be limited; only one access is allowed per legal residential
parcel. No circle drives will be allowed. This policy shall apply to all new and existing accesses
within the unincorporated areas of Weld County. Properties within municipalities or other counties
that access Weld County roads are also subject to this policy. (Lots A and B)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural
operation. No additional accesses shall be granted. (Lot C)
Pursuant to Ordinance 169A, 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.
pc: RE-2952
plan4re.wpd
Road File# 55 ...
RE: -� -,;.„..--.
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 9/1/2000
1 1 1 1 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext 3750 Fax: (970)304-6497
1. Applicant Name Wayne Howard,Agent Phone 353-0982
Address 907 30'Ave.,Ste. 105 City Greeley State CO Zip 80634-5100
2. Address or location of access .4 miles North of WCR 70 on WCR 53
Section 9 Township 6N Range 64W
Subdivision Block Lot
Weld County Road # 55 Side of Road West Distance from nearest intersection .4 miles South
3. Is there an existing access to the property.? Yes X No #of accesses J
4. Proposed Use:
LI Permanent ® Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial LI Other
**********************************************************************************************************
5. Site Sketch N
Legend for Access Description:
AG= Agricultural
RES = Residential WCR 72L TT
O&G= Oil&Gas
D.R. = Ditch Road I
WCR 53 WCR 55
—, RES
-- AG
- RES
I I
- I I WCR 70 AG RES • I-
..........................•.....
OFFICE USE E ONLY:
Road ADT .7:-' l Date j - -'` ' Accidents Date
Road r) ADT Date - .z Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
8
Kicf: ‘,-- „-- Memorandum
TO: Chris Gathman DATE: October 17, 2000
' FROM: Sheble McConnell g e, Environmental Health O II COLORADO• SUBJECT: Howard Manufacturing Company
CASE: RE-2952
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
SM/ske/re-2952
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�4, .. 4M, r `;.
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!wily
C. Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Howard Manufacturing Case Number RE-2952
Company
Please Reply By October 23, 2000 Planner Chris Gathman -
Project Three-Lot Recorded Exemption
Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, t
Colorado.
Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more 4
precise location, see legal.
Parcel Number 0801 09 000042
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.
❑ 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.
:7 See attached letter.
Comments:
Signature /a —7 -eoD
Agency Platte Valley S. . Weld RE-7 Date
++Weld County Planning Dept. •.1555 N. 17th Ave.Greeley,CO. 80631 •'(970)353-6100 ext.3540 4.(970)304-6498 fax
c7latte 9)a/icy @Schools
WELD COUNTY DISTRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644 -970/336-8500- FAX 970/336-85 I I
E.GLENN McCLAIN,SUAERINTENDENT
in6Oep1.
Weld County 'Munn
1A2000
1‘�r
October 9, 2000 RE C E t ts1 EQ
Weld County Planning Department
1555 N. 17th Avenue '
Greeley, CO 80631
RE: Land Dedication
The Board of Education of Platte Valley School District, Weld`13E 7 passed the attached land
dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new
developments and recorded exemptions that would affect the district: The policy is specifically
intended for land use that will be a new residence.
This policy is an effort to assist the district in mitigating the increasing capital cost of growth.
Please forward this information to potential land developers and individuals requesting recorded
exemptions so that they may make arrangementt with the school district to satisfy the
requirements of the policy:
The district also requests that the land developer contact the school in regard to transportation. If
the intended use is for a residence then consideration for school bus stop needs to be examined.
Please call Glenn McClain or Michael Baffle if you have any questions.
Sincerely,
E. Glenn McClain, Jr.
Superintendent
�'_ t 6th/cation. . . cLettiAtct° (eta Si.
RESOLUTION
OF THE
BOARD OF EDUCATION
OF
PLATTE VALLEY SCHOOL DISTRICT RE-7
WHEREAS, growth in residential land development and the construction of new
residential dwellings within the boundaries of the Weld County School District -7 (the
"District")necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in student populations; and
WHEREAS, requiring land dedications for public school sites, or payments in
lieu of land dedications will provide a portion of the land to meet such demand; and
WHEREAS, planning department's within the various local governments that have
territory within the ttitru,t ritntincly rifer iipplh uliuii i tclatiue to RGw development for
review and comments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments are encouraged and authorized to cooperate with
other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of
planning or regulating the development of land, including,but not limited to, the joint
exercise of planning, :coning, subdivision, building, and related regulations;and
WHEREAS, in an effort to promote further cooperation between the District and
other local governments in connection with the issuance of residential land development
approvals, and in the mitigation of the impacts of such residential land development
approvals on the District's ability toprovide adequate
��cschool,ts to she uch local govstrict has ernmened
nts
nts
to adopt a uniform policy with pee
in the referral process; and
WHEREAS, the District has determined that the mitigation of the impacts of such
residential land development approvals should occur through the dedication of land for
school sites,or the payment of funds in lieu of such dedication; and
WHEREAS, the policy set forth within constitutes a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost of public school sites acquisition necessary to
accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units;
NOW, WHEREFORE, the Board of Education of Weld County School District
RE-7 hereby results as follows:
}_ Coo ration with Local Govertrne E coura ed. The ability of the District
to provide adequate educational opportunities for its student population is dependent
upon, among other matters, the availability of adequate land, or in the alternative the
availability of funds to purchase adequate land. Since the approval of residential land
development applications by local governments with territory within the boundaries of
the District substantially impacts the District's ability to meet its obligations to the public,
the District shall encourage and request that such local government entities refer to the
District all residential land development applications for review and comments
concerning the adequacy of public school sites and facilities. Further,the District shall
encourage and request that such local governmenes consider
the
e District's..
ist ict's'residential
comments in conjunction with the review and processing
development application,and cooperate with the District in regard to the mitigation
measures established in this Resolution. The District shall promptly review the referred
development application and promptly submit its comments, recommendations and
requests consistent with the policy set forth in this Resolution,to the appropriate local
government.
2. Land Dedication Re uirements. In connection with any pending or new
application for residential land development to any local government with territory within
the boundaries of the District,the District shall recommend and request that the following
land dedication standards be imposed by such local government as a condition of
development approval, except to the extent that the District, through its Superintendent or
designee,has determined that the best interests of the District would be served by the
payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land
shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of
the total size of the approved development,or(b)calculated at the rate of two acres for
every 1,000 new residents reasonably projected by the District far the development.
3. Fees in Lieu of Dedication. In the event the District, through its
Superintendent or designee,determines that dedication of land is not in the best interests
of the District, the District shall recommend and request that the following fees be paid in
lieu of such land dedication,as a condition of approval of the development cache application
by
the local government. The fees shall be calculated as follows: ( ) for 5420 for
single-fancily residence;
fam ib)sS585 for each unit in a truc;ture other duplexes orPlex or tnplcxes,triplex; and(c)
each unit in a m Y
4. In-Kind Contributions. The District shall he authorized to accept in find
contributions in satisfaction of the requirements set forth in either paragraph
hereof, provided that such in-kind contributions represent a fair equivalent in terms of
value which would otherwise be realized under the policy set forth in such paragraphs.
5. } a d Dedication Procedures. In the event that the District determines that land uest should he dedicated to the District,the District
tn�tha�t dzc local govrecommeernme and nt cequiretProof that
at before
recording the final plat for any development,
the prosy owner has conveyed title to the District by general warranty tdeed.ing by and
clear of all liens, encumbrances and exceptions(except those approved
2
District),including, without limitation,real property taxes,which shall be prorated to the
date of the conveyance. The property owner shall also provide a title insurance
conumtment and policy in an amount equal to the fair market value ef_the dedicated
property.
6. Fees in Lieu of Dedication Procedures. In the event that the District
determines that fees should be paid in lieu of dedication of land,the District shall
recommend and request that before recording the efinal wnerhats for
any devaidelopment,
lin pfull tot the t the
local government require proof that the property
District the applicable fee based on the total number of residential
ed lu�s ptroposed
for
and
development, or alternatively,that an agreement
a party in interest acceptable to the District which provides for a means of payment of
such fees upon such terms and conditions as the e parties may mutually h m rite, fpo the fees
shall be an acceptable method of payment,for purposes
to be paid as building permits are issued.
6. Exemptions. The District has determined that the following types of
residential development do not have an adverse effect on the Districts ability to provide
adequate educational facilities; accordingly they art exempt from land dedication
requirements or fees to be paid in lieu of land dedication_ (a)alteration or expansion or
replacement of a residential dwelling unit not exceeding an increase of 1000 square feet
over the existing dwelling;(b)assisted living facilities for the elderly; (e)construction of
any building or structure intended for and used for limited tenns stays,including by way
of example and not by way of limitation,bed and breakfasts,hotels, family-care or
group-care homes, hoarding or rooming houses,nursing homes, hotels. motels or
hospices; (d) constniction of any non-residential building or structure; and (e)
construction of any residential building or structure classified as housing for older
persons, pursuant to the Federal Fair Housing Act then in effect
7. Use of Funds. The District shall hold or deposit in trust for public school sites
all lands or funds it receives in connection with the application of the policy set !forth in
this Resolution. With respect to funds received,the District shall use such funds solely
for acquisition, development,or expansion of public school sites or for capital facilities
planning, sites acquisition,or capital outlay purposes. The timing,nature, method and
extent of such planning,acquisition, development or outlay shall be at the discretion of
the District.
g. Acrottrttns for lledtcattons or Fees. The District shall cause to be included
within its annual audit a summary and description of the status of receipts of land or fees
in lieu of land dedication,so that full disclosure of the District's activities with respect to
such receipts may be made public.
9. Further Actions. The District hereby authorizes its Superintendent, and such
other of he District the erintendent to agents o orcontact consultants
governmenttntities withpterritory locatedll so
wi within the
designate, to proceed to
boundaries of the District in order to inform such entities of the District's adopted policy.
3
1 ur her, in order to ensure the long-term integrity of the policy set forth in this
Resolution, such parties are authorized to proceed to negotiations with such entities
directed towards achieving a formal written agreement with respect to the cooperation
between such local governments and the District
ADOPTED THIS L3 DAY OFMch...2000_
PLATTE VALLEY SCHOOL DISTRICT
WELD COUNTY RE-7
By: President, Board of Education
ATTEST
By: Secretary, Board of Education
•
Tip-
p Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Howard Manufacturing Case Number RE-2952
Company
Please Reply By October 23, 2000 Planner Chris Gathman
Project Three-Lot Recorded Exemption
Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more
precise location, see legal.
Parcel Number 0801 09 000042
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.
❑ 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.
❑ See attached letter.
Comments:
\\.s\ x'11►1, \ cr( -H cam- N C:(7)o}'�ni Lux-let
Lai;Y€.- ree -i!: LL ritru
Signature ! t t
Agency �
&-lr �� 1 r 1(� ftp.,
l Y4 v
� iC��F , Date
t
:.Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley, CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax
r
•
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CERTIFICATE OF.CONVEYANCES WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO
COUNTY OF WELD .
The TRANSNATION TITLE INSURANCE or ABSTRACT 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:
SEE ATTACHED EXHIBIT "A"
•
CONVEYANCES (if none appear, so state): •
f
1084021 Book 1272 Page 119
Reception No. Book 759
Reception No. 1680526 ,,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. Book
Reception No. ,,Book
Reception No.
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado. tle, nor a This certificateily isTRANSNATION to constructed
aINSUR Abstract of Title nor an COMPANY, ision of herebyflimited to guarantee he fe paid for this
the liability of
Certificate. .
•
In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused at is cen this �Aate to
be signed by its proper officer this 28th day of August , 2000
TRANSNATION TITLE INSURANCE COMPANY
ORDER NO. 85136.52 Company
Page 1 of 2
By'
Aut oriz Signature
EXHIBIT "A"
All of Section 9 , Township 6 North , Range 64 West of the 6th P . M .
County of Weld , State of Colorado .
EXCEPTING THEREFROM any part lying within Amended Recorded Exemption No .
0801- 09- 2-AMRE790 , recorded August 23 , 1999 in the NW 1/4 of the NE 1/4
and the NE 1/4 of the NW 1/4 ;
ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No .
801- 09- 3-RE2571 , recorded March 24 , 2000 as Reception No . 2757473 in
the W 1/2 of the SW 1/4 ;
ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No .
0801- 09- 2-RE2743 , recorded June 20 , 2000 as Reception No . 2775804 in
the W 1/2 of the NW 1/4 .
Page 2 of 2
ORDER NO . 8513652
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140 ACRES
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MALLER PARCEL
10 ACRES
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Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SKEET
Weld County Public Works Department Date: 9/1/2000
1111 H Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name Wayne Howard,Agent Phone 353-0982
Address 907 30th Ave..Ste. 105 City Greeley State CO Zip 80634-5100
2. Address or location of access .4 miles North of WCR 70 on WCR 53
Section 9 Township 6N Range 64W
Subdivision Block Lot
Weld County Road # 55 Side of Road West Distance from nearest intersection .4 miles South
3. Is there an existing access to the property? Yes X No #of accesses 5
4. Proposed Use:
U Permanent Eifl Residential/Agricultural U Industrial
❑ Temporary U Subdivision ❑ Commercial ❑ Other
****************************************************************iii***************************************
5. Site Sketch
N�
Legend for Access Description:AG= Agricultural I
. ,�{��
RES = Residential l WCR 72
O&G= Oil&Gas
D.R. = Ditch Road
WCR 53 WCR 55
— RES
— AG
— RES
1
I WCR 70 AG RES
***********************************************************************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
*********************►*************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
8
RE -2950 & 2952 Vicinity Map
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($99) /Creeks!Streams/Intermittent
Lakes/Rivers
Lot B • Text Section
Text Assessors Code
f KO: [-1 Town/Range Grid
GIS Sections
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LOt a County Boundary
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BOARD OF DIRECTORS NORTH WELD CL NTY WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE CO 80646
ERNEST ROSS _
W.M.McKAY DON POSSELT,DISTRICT MANAGER
CHARLES ACHZIGER
ROBERT ARNBRECHT p.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997
• e-mail:nwcwd@bwn.net
September 7,2000
Howard Manufacturing Agent: Wayne Howard '
C/o Terra West Real Estate
907 30'"Ave.,Suite 105
Greeley,CO 80634-5100
(970)353-0982
This letter is in response to your inquiry regarding water service to the following described property,
Approximately 34041 WCR 55,in a portion of the
E'h of the SE Y4 of Section 9,T6N,R64W of the 6'"Prime Meridian
1. Water service is presently being provided to the above described property.
2.North Weld County Water District is able and intends to provide water service to the above mentioned property,
provided all requirements of the District are satisfied.
If contracts have not been completed with North Weld County Water District within one year from the date of this
letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from
the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the
District. The applicant can avoid the Raw Water portion of the Tap Fee,by permanently transferring one unit of
Colorado Big Thompson(CBT)Water to the District.
TAP FEES INSTALLATION COST ESTIMATE
Raw Water for an Acre-Foot Unit(AFU) $14,000 Meter Set $TBD
Base Portion of Plant Investment Fee $5,000 Range: $500-$2,500
Distance Portion of Plant Investment Fee $2,400
TOTAL COSTS $21,400 - $TBD
Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,and Physical Address.
The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this
letter. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year
in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been
set within one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase price
that was paid by the applicant. If any line extensions,road bores or additional installation costs are estimated to be
more than$5,000,then Proof that"Loan Funds or a Line of Credit"are Available and ready to reimburse the District
at the time of completion,for 110%of the estimated cost. The applicant will pay such costs before the tap is activated
(water is turned on).
Water tap/service shall be placed on the physical property, defined by a legal description. In case of a Recorded
Exemption,the water tap shall be located on the physical property of the Recorded exemption defined by a legal
description before a water tap/service will be transferred from seller to buyer.
The District recommends that anticipated water usage be purchased through the District. The District guarantees
treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject
to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available.
The District requires that 1 Acre-Foot Unit(AFU)is purchased. With 1 AFU purchased any usage beyond 228,000
gallons will be in surcharge,
The Plant Investment Fee shown above pays for the infrastructure required to deliver I AFU(228,000 gallons).
If usage exceeds the number of Plant Investment Fees that were purchased,additional charges will be applied
to your account.
Man Overton
North Weld County Water District
U:\regal Documents\Letter of Inten62000\HnwardMfg55&70s(9-7-00)dac
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