HomeMy WebLinkAbout940393.tiff RESOLUTION
RE: APPROVE CHANGING CERTAIN CONDITIONS OF APPROVAL FOR RE #1503 - CHASE AND
BAXTER INVESTMENTS
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, by Resolution dated July 7, 1993, the Board did approve RE #1503
for Chase and Baxter Investments for property which is located in part of the E;
of the SE; of Section 21, Township 4 North, Range 68 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, on April 25, 1994, the Board was presented with a request from the
applicant to change Condition of Approval #4 by a letter dated April 19, 1994,
and
WHEREAS, in order to accomplish the change to Condition of Approval #4, the
Weld County Planning staff recommended adding Conditions of Approval #6 and #7,
and
WHEREAS, Gil Chase, applicant, and Larry Intermill, Intermill Land
Surveying, were present, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the
recommendations of the Weld County Planning staff concerning this matter and,
having been fully informed, finds that this request shall be approved and
Condition of Approval #4 shall be changed and Conditions of Approval #6 and #7
shall be added according to the language in Exhibit "A", which is attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request from Chase and Baxter Investments to change
Condition of Approval #4 for RE #1503 be, and hereby is, approved, and Conditions
of Approval #6 and #7 be, and hereby are, added, according to the attached
Exhibit "A".
940393
P/ • Cie MV.
I
RE: CHANGE CONDITIONS OF APPROVAL FOR RE #1503 - CHASE AND BAXTER INVESTMENTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of April, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: .Y/I /I/�//�)j �� WELD COUNTY, OLORADO
Weld County Clerk to the Board ��
W . Webster, • air
BY: �
Deputy Cl the B Dal= . a , em
APPRO D AS TO FORM:
Geo
Baxter
s ��/is713?
County Attfrney kh24
nce L. Harbert
kmey r
a J. Kirkmey r
940393
EXHIBIT "A"
Condition
of
Approval Amended Proposed Language
4 Prior to recording the plat, the applicant shall submit
evidence to the Department of Planning Services that
one of the following conditions has been met:
a. The applicant has the legal right to use the
existing access to Lot A over the property located
to the north of Lot A. The evidence shall either
be a court order or a grant of easement; or
b. The applicant has been granted, or has reserved
unto himself, his heirs, successors, and/or
assigns, or dedicated for the use shown on the
plat, an easement providing ingress and egress
from WCR 7, across Lot B for the benefit of Lot A,
and has either: 1) built a bridge across the
Little Thompson River which is operational, is
built to carry an AASHTO Bridge Standard HS 15
inventory loading (approximately 27 tons) or is
certified by a professional engineer to be able to
carry firefighting vehicles, and is built in
conformance with the Flood Hazard Development
Permit as required in Condition of Approval # 6;
or 2) installed a culvert (or culverts) approved
in writing by the U.S. Army Corp. of Engineers,
certified by a professional engineer to be able to
carry firefighting vehicles, and built in
conformance with the Flood Hazard Development
Permit as required in condition of Approval #6 .
6 If the applicant chooses to access Lot A by way of an
easement over Lot B and a bridge or cluvert(s) across
the Little Thompson River, the applicant shall :
a. Apply for a Flood Hazard Development Permit for
the bridge or culvert(s) prior to construction of
the same, and
b. Locate the access onto WCR 7 in accordance with
the policies and/or regulations of the Weld County
Department of Public Works.
7 If the applicant chooses to access Lot A by way of an
easement over Lot B and a bridge or culvert(s) to cross
the Little Thompson River, the applicant shall, prior
to recording the plat, amend the plat to indicate the
existence of the ingress-egress easement from WCR 7,
across Lot B, for the benefit of Lot A.
940393
CHASE AND BAXTER INVESTMENTS
3010 Esther Court
Loveland, CO 80537
April 19, 1994
11*1111
Weld County Commissioner
P.O. Box 758
Greeley, CO 80632
Re: Weld County RE 1503
Chase-Baxter
To Whom It May Concern:
We are asking for a change in our conditions of approval,
item #4 .
We have chosen to change the major access to Parcel A as
shown on the attached map. The owner of the property to the
north acknowledges existing easement but refuses to sign any
legal documents to this. We are proposing a steel bridge with
concrete abutments to span the Little Thompson River.
See attached letter from Department of the Army Corp of
Engineers with regards to this matter indicating that no permit
is required from them.
Many thanks .
Sincerely,
cQ //_
GIL CHASE
GC:do
Enclosures
940393
CONDITIONS OF APPROVAL
Chase and Baxter Investments
RE-1503
1. 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.
2. A Weld County septic permit is required for any proposed home and its
septic system shall be installed according to the Weld County Individual
Sewage Disposal System (ISDS) regulations.
3. The following note shall be placed on the recorded exemption plat prior to
recording:
A Flood Hazard Development Permit will be required for
any new construction or substantial improvement of
existing structures in the Floodway or Floodprone
Districts located on the property.
4. Prior to recording the plat, the applicant shall submit evidence to the
Department of Planning Services that the applicant has the legal right to
use the existing access to Lot A. � 5€a mialm f-thttty
(3n1 Pear to width. A4
( Ovid o dv Dr 1r A -t of Eic �E✓,?a
5. Prior to recording the plat, the vicinity map shall be corrected to show
Weld County Road 42 instead of Weld County Road 24.
14- 4 I I /Oa 4 (7 et,
940393
0-14:L 0A
DEPARTMENT OF THE ARMY ,,,UF i,„
iir/ C6 CORPS OF ENGINEERS,OMAHA DISTRICT ' -' '':
o p 2 4, `- loi TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 m J 50 ;� '
�� �i "' LITTLETON,COLORADO 80123-6901 w e
`' - �6°'- March 23, 1994 - _
,,,,l'' „s O M AFtEPLY TO
TTEMION OF .ttptm oiC`` . _
Mr. Gil Chase
3010 Esther Court
Loveland, Colorado 80537
Dear Mr. Chase:
Reference is made to your proposed bridge construction to cross the Little
Thompson River. This project is located in Section 21, Township 4 North, Range 68
West, Weld County, Colorado.
Your project has been reviewed in accordance with Section 404 of the Clean
Water Act under which the U.S. Army Corps of Engineers regulates the excavation and
discharge of dredged and fill material into waters of the United States including wetlands.
This letter is to inform you that the proposed activity, assigned number
199480235, will not require a Department of the Army (DA) Permit.
Although a DA Permit will not be required for the project, this does not eliminate
the requirement that other applicable federal, state, and local permits be obtained as
required.
If there are any questions concerning this matter, please feel free to contact Mr.
Terry McKee of this office at 303-979-4120.
Sincerely,
Ti .di - T. Care
Project Manager
940393
141! mEmORAnDUm
WI Board of County Commissioners April 22, 1994
To Date
Greg Thompson, Current Planner or
COLORADO From
RE-1503, Condition of Approval #4
subint
This Recorded Exemption was approved by the Board of County Commissioners on July
7, 1993. The approval was conditional upon five items. Condition of Approval
#4 states, "Prior to recording the plat, the applicant shall submit evidence to
the Department of Planning Services that the applicant has the legal right to use
the existing access to Lot A. The evidence shall be either a court order or a
grant of easement for right-of-way."
The applicant has submitted a letter dated April 19, 1994 which requests a change
to Condition of Approval #4. The applicant now wishes to bridge the Little
Thompson River and provide an ingress-egress easement across Lot B. Department
of Planning Services' staff recommends approval of this request, if the following
conditions are met:
1. Condition of Approval #6 is added and states, "The applicant applies for
a Flood Hazard Development permit for the bridge."
2. The wording on Condition of Approval #4 is changed to, "Prior to recording
the plat, the applicant shall submit evidence to the Department of
Planning Services that the bridge has been built and is operational and is
built in conformance with the required Flood Hazard Development permit."
3. Condition of Approval #7 is added and states, "Prior to recording the
plat, the plat shall be amended to indicate an ingress-egress easement
from Weld County Road 7, across Lot B, for the benefit of Lot A."
940 393
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1503 - CHASE AND BAXTER INVESTMENTS
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 3D-28-101(10) (d) , CRS, as amended, did determine at a public meeting held
in the Chambers of the Board, that a certain parcel of land, to be divided into
two parcels, as shown on the plat known as Recorded Exemption No. 1503, does not
come within the purview of the definition of the terms, "subdivision" and
"subdivided land", and
WHEREAS, the request for Recorded Exemption No. 1503 was submitted by Chase
and Baxter Investments for property which is located in part of the E; of the SE
of Section 21, Township 4 North, Range 68 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 71.94 acres and 8. 90 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 this approval is conditional upon
the following:
1. 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 days from the
date of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fees.
2. A Weld County septic permit is required for any proposed home and
its septic system shall be installed according to the Weld County
Individual Sewage Disposal System (ISDS) regulations.
3. The following note shall be placed on the recorded exemption plat
prior to recording:
"A Flood Hazard Development Permit will be
required for any new construction or
substantial improvement of existing E C I1V E
structures in the Floodway or Floodprone 0
Districts located on the property. "
AUG 3 1 1993 ll
Weld County'' mining
940393
QC /503 C c2 PI_, :� /Ca/V7
RE: RE !11503 - CHASE AND BAXTER INVESTMENTS
PAGE 2
4. Prior to recording the plat, the applicant shall submit evidence to
the Department of Planning Services that the applicant has the legal
right to use the existing access to Lot A. The evidence shall be
either a court order or a grant of easement for right-of-way.
5. Prior to recording the plat, the vicinity map shall be corrected to
show Weld County Road 42 instead of Weld County Road 24.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of July, A.D. , 1993.
I/
J/�� BOARD OF COUNTY COMMISSIONERS
ATTEST: N / /0,1 il�� WEL COUNTY, COLORADO
1(1401
Weld County Clerk to the Board f G'2t5rLz,G�>,�
JJ // Constance L. Harbert, Chairman
BY: /z..1 n A oz�c �� l'it TY/ /22/) ),17! ( ii
Deputy Clerk to th of W. H. Webster, Pro- m
APPROVED AS TO FORM:
George r�. Baxte
4 r ,�Ca�1S�1dC�lll
_/County Attorney Dale K. Hall
/ h Gl
.Barbara J. Kirkmeyer o0
)EC IVE
AUG 3 1 1993 ll
Weld County fanning
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