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Home My WebLink About992597.tiff 4 -a MEMORANDUM WIDATE: April 8, 1999 OTO Weld County COLORADOPlanning Commission Members From: Anne Best Johnson, Long-Range Plannertit Case Number Ordinance 89JJ Hearing Date: May 4, 1999 Applicant: Weld County Department of Planning Services 1400 North 17th Avenue Greeley Colorado 80631 Request: Request #1: Repagination, grammatical changes and changing the case of letters of words within this document for County-wide consistency. Request #2: Revision to the text of the Zoning Ordinance for consistency with FEMA, current practice and regulations, revisions at the request of the Board of County Commissioners and the Weld County Departments of Public Works and Public Health. Request #3: Updating to the Official Weld County Zoning Map. The Weld County Department of Planning Services received responses from the following agencies: Weld County Department of Public Works Weld County Department of Public Heath • Weld County Attorney Weld County Board of Commissioners 992597 EXHIBIT ----PRELIMINARY---- AMENDMENT TI HE WELD COUNTY ZONING ORDIP ICE 89JJ Request #1: Repagination, grammatical changes, changing the case of letters of words within this document for County-wide consistency, including: 1. Repagination, grammatical changes, changing the case of letters of words within this document for County-wide consistency 2. Section 2.1: to amend state statute citation number. 3. Section 4.2.4: to amend to include complete language. 4. Section 8.2: to amend for historical purposes. 5. Section 8.3: to include Section 8.3 which was approved on 10/10/98 but inadvertently omitted from printing. 6. Section 10: to change definition order for alphabetical order consistency throughout Section 10. 7. Section 10: to reflect current airport measurements in the definition of the following: AIRPORT REFERENCE POINT, AIRPORT, INSTRUMENT and NON INSTRUMENT RUNWAY and THRESHOLD. 8. Section 10: Animal Unit Tables: Change Format. 9. Section 27.5.1.6 for consistency with numbering throughout document. 9. Section 28.11.5: to amend for requirement listing consistency. 10. Section 32.7.5.1 for numbering/listing consistency. 11. Section 41.1.:3 for numbering/listing consistency. Request #2: Revis:on to the text of the Zoning Ordinance for consistency with FEMA, consistency with current practice and regulations, revisions at the request of the Board of County Commissicners, and the Weld County Departments of Public Works and Public Health. 1. Section 10: CHILD CARE CENTER definition modifications based upon recommendations by the Department of Environmental Health. 2. Section 10: DERELICT MANUFACTURED (MOBILE) HOME definition based on recommendations by the Board of County Commissioners in coordination with the Weld County Building Code Official and current Building Code Standards. 3. Section 10: DEVELOPMENT definition is proposed to be expanded for flood hazard purposes. This clarifies an issue which recently came up during USR-1199 Western Mobile gravel pit. FEMA indicated that a mining operation requires a Flood Hazard Development Permit. This definition was taken directly from FEMA's example ordinance. 4. Section 10: MANUFACTURED HOME and MOBILE HOME addition to include DERELICT MANUFACTURED (MOBILE) HOME based on recommendations by the Board of County Commissioners in coordination with the Weld County Building Code Official and current Building Code Standards. 5. LEGAL LOT definition item (d) added for clarity. 6. OIL AND GAS PRODUCTION FACILITIES and OIL AND GAS SUPPORT AND SERVICE definitions to clarify use of compressors. 7. Section 10: MAJOR FACILITIES OF A PUBLIC UTILITY definition to include cell towers. 8. Section 10: STREET, to include definition of a COLLECTOR. 9. Sections 21.4.2.5.2, 21.7.4.12, 24.2.2.4.1; 28.5.1.15, 28.9.1.21, to reflect current sign- posting requirements of the Department of Planning Services. 10. Sections 21.7.1.11, 21.7." '1 21.7.4.11, 22.3.2.3, 22.4.3.3, 23.1.11 23.2.1.13.1, 23.2.1.13.2, 23.2.1.21, 24.2.2. 24.3.1.2, 24.4.2.1, 24.4.2.4, 24.7.1.1, . .7.1.4, 24.7.4.5.3.13, 25.7.2.4.11, 28.5.1.18, 28.5.1.18, 28.7.1.1.1, 28.7.1.1.3, 28.8.1.2.1, 28.1.2.3, 28.13.1.1, 28.14.1.6.1. 28.14.1.6.3; to include accurate reference to all Weld County ordinances. 11. Section 13.2.3: to include collateral for improvements for consistency with current development requirements. 12. Sections 24.5.1.9, 33.6.1.3.5, to reflect current Public Works standards. 13. Sections 24.5.2 and 25 5.3 to reflect current practice by the Department of Planning Services. 14. Section 26.2: to clarify current requirements of development in the floodplain. 15. Sections 26.2, 26.3.6.1, 26.4.2, 26.4.8, and 26.5.2 to be consistent with recommendations from FEMA. 16. Sections 26.4.4, 26.4.4.1 and 26.4.4.2 to be consistent with recommendations from FEMA and the County's REGULATORY FLOOD DATUM. 17. Section 26.5 in conformance with the County's Flood Hazard Development Permit procedural guide and to be consistent with FEMA. 18. Section 28.3.2.5 for consistency with current requirements. 19. Section 28.8.1.4 for consistency with current requirements. 20. Sections 31.3, 32.2.3, 32.3.3, 32.4.3, 32.5.3, 32.6.3, 36.3.10 : ACCESSORY BUILDINGS by direction of the Board of County Commissioners. Four percent was selected as this percentage meets most closely with what is current standard. A one acre lot would be allowed 1,742.2 square feet in total accessory structures, while larger lots would benefit from greater flexibility. Accessory structures constructed legally between August 25, 1981 (original effective date of Ordinance 89) and adoption of this new regulation will not be considered a Non Conforming Use anc shall be allowed to be repaired or replaced in total. 21. Section 31.5.5, 32.7.12.2.6, 36.3.12 -DWELLING UNIT orientation by direction of the Board of County Commissioners. 22. Section 31.5.6, 32.7.12.2.7, 36.3.13: to include recommendations of the Oil and Gas Commission for construction in relationship to existing oil and gas facilities. 23. Section 33.2.2: for correct word selection. 24. Section 33.2.3.4: to clarify intent. 25. Sections 33.2.5, 33.3.5, 33.4.5, 33.5.5, 34.2.5, 34.3.5 & 34.4.5 for consistency with practice. 26. Section 33.2.2..2 for correct word selection. 27. Section 33.6.1.3.5, 34.5.1.4.5: for correct dimensions directed by the Weld County Public Works Department. 28. Section 36.2.1.3: inclusion for consistency. 29. Section 43.2.3.1.1 requires Temporary Accessory Farm Use mobile homes to be occupied by persons "principally employed at or engaged in the operation of the USE where the MOBILE HOME is located." Since "engaged in the operation" is such a broad term, the proposed change to "principally employed at or principally engaged in the operation of the USE' would be more clearly defined. 30. Section 43.2.7.7 to reflect current practice. 31. Section 43.2.7.8 to reflect current practice. 32. Section 49.2.1 to reflect current regulations. 33. Sections 49.2.1.12.10, 49.2.16 to reflect correct measurements. 34. Sections 49.3.1.3.2 to reflect current regulations. 35. Section 49.3.1.19.2 to reflect current requirements. 36. Section 51 to reflect current measurements. 37. Section 53 to nclude the r-'dition of language to cover the replacer- int of existing structures in Sections 53.6.1.S, .,3.6.1.3.1, 53.6.1.3.2, 53.6.1.4, 53.6.1., , 53.6.1.11, 53.6.1.12, 53.7.1.3, 53.7.1.7, 53.7.1.10, and 53.7.1.11. This modification is recommended by FEMA to cover SUBSTANTIAL IMPROVEMENTS. 38. The addition of Sections 53.7.1.15 and 53.7.1.16 was recommended by FEMA. 39. Section 83: to reflect current practice. Request#3: Updating the Official Weld County Zoning Map. In accordance with Section 21.6.5 of the Weld County Zoning Ordinance, an updated copy of the Weld County Official Zoning Map is being proposed for adoption by resolution and recording in the Weld County Clerk and Recorders Office. In accordance with Section 21.6.5 -The Board shall adopt, by resolution, every five years, an updated copy of the Official Weld County Zoning Map which includes the rezoning approved since the last update. The Department of Planning Sr-vices staff recommends that these threr requests be approved for the following reasons: Section 22.3.2.1 The existing Zoning Ordinance is in need of revision as proposed. Section 22.3.2.2 The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. Section 22.3.2.3 The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. Correct grammar, word selection and pagination are essential elements in an efficient regulatory document and are consistent with the overall intent of the Weld County Zoning Ordinance. The revisions to the text of the Zoning Ordinance as outlined in the above listing will provide consistency with FEMA, consistency with current practice and regulations, revisions at the request of the Board of County Commissioners, and consistency with current regulations and definitions of the Weld County Departments of Public Works and Public Health. The Board shall adopt, by resolution, every five years, an updated copy of the Official Weld County Zoning Map which includes the rezoning approved since the last update, pursuant to Section 21.6.5 of the Weld County Zoning Ordinance. This task has not been completed since 1981. These three revisions are consistent with the overall intent of the Weld County Zoning Ordinance, pursuart to Section 4 which states that the intention of this Ordinance is to "promote the health, safety, convenience, morals, order, and welfare of the present and future inhabitants of Weld County." INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld County Case Number Ordinance 89JJ Submitted or Prepared Prior to At Hearing Hearing 1 Notice of Public Hearing (3 pages) X 2 Staff Comments (5 pages) X (i�i►ratiuji 1248,pages) � ``. • X — 4 Planning Commission Overhead Exhibits (4 pages) X '• umendilents_(28-ages)' *,`?-e -`ti.C Veys - X 6 Letter from John Folsom, dated May 17, 1999 (3 pages) X 7 8 Item submitted at planning commission I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. 1 v v rJ Anne Best Johnson ❖ Planner STATE OF COLORADO ) COUNTY OF WELD ) 7 yy SUBSCRIBED and SWORN TO BEFORE ME THIS 17/ day of / I ( ( 19 97 SEAL razkn xtg NOTARY PUBLIC MY COMMISSION EXPIRES ��/�C0/ NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, May 4, 1999, at 1:30 p.m. for the purpose of considering an amendment to the text of the Weld County Zoning Ordinance. PLANNER: Anne Best Johnson REQUEST: 1. Repagiration, grammatical changes and changing the case of letters of words within this document for County-wide consistency. REQUEST 2. Revision to the text of the Zoning Ordinance for consistency with FEMA, consistency with current practice and regulations, revisions at the request of the Board of County Commissioners, and the Weld County Departments of Public Works and Public Health. 1. Section 10: CHILD CARE CENTER definition modifications based upon recommendations by the Department of Environmental Health. 2. Section 10: DERELICT MANUFACTURED (MOBILE) HOME definition based on recommendations by the Board of County Commissioners in coordination with the Weld County Building Code Official and current Building Code Standards. 3. Section 10: DEVELOPMENT definition is proposed to be expanded for flood hazard purposes. This clarifies an issue which recently came up during USR-1199 Western Mobile gravel pit. FEMA indicated that a mining operation requires a Flood Hazard Development Permit. This definition was taken directly from FEMA's example ordinance. 4. Section 10: MANUFACTURED HOME and MOBILE HOME addition to include DERELICT MANUFACTURED (MOBILE) HOME based on recommendations by the Board of County Commissioners in coordination with the Weld County Building Code Official and current Building Code Standards. 5. LEGAL LOT definition item (d) added for clarity. 6. OIL AND GAS PRODUCTION FACILITIES and OIL AND GAS SUPPORT AND SERVICE definitions to clarify use of compressors. 7. Section 10: MAJOR FACILITIES OF A PUBLIC UTILITY definition to include cell towers. 8. Section 10: STREET, to include definition of a COLLECTOR. 9. Sections 2.1.4.2.5.2, 21.7.4.12, 24.2.2.4.1; 28.5.1.15, 28.9.1.21, to reflect current sign-posting requirements of the Department of Planning Services. 10.Sections 21.7.1.11, 21.7.4.3 21.7.4.11, 22.3.2.3, 22.4.3.3, 23.1.11, 23.2.1.13.1, 23.2.1.13.2, 23.2.1.21, 24.2.2.7, 24.3.1.2, 24.4.2.1, 24.4.2.4, 24.7.1.1, 24.7.1.4, 24.7 4.5.3.13, 25.7.2.4.11, 28.5.1.18, 28.5.1.18, 28.7.1.1.1, 28.7.1.1.3, 28.8.1.2.1, 28.1.2.3, 28.13.1.1, 28.14.1.6.1, 28.14.1.6.3; to include accurate reference to all Weld County ordinances. 11.Section 13.2.3: to include collateral for EXHIBIT improvements for consistency with current development requirements. 12. Sections 24.5.1.9, 33.6.1.3.5, to reflect current Public Works standards. 13. Sections 24.5.2 and 25.5.3 to reflect current practice by the Department of Planning Services. 14. Section 26.2: to clarify current requirements of development in the floodplain. 15. Sections 26.2, 26.3.6.1, 26.4.2, 26.4.8, and 26.5.2 to be consistent with recommendations from FEMA. 16. Sections 26.4.4, 26.4.4.1 and 26.4.4.2 to be consistent with recommendations from FEMA and the County's REGULATORY FLOOD DATUM. 17. Section 26.5 in conformance with the County's Flood Hazard Development Permit procedural guide and to be consistent with FEMA. 18. Section 28.3.25 for consistency with current requirements. 19. Section 28.8.1.4 for consistency with current requirements. 20. Sections 31.3, 32.2.3, 32.3.3, 32.4.3, 32.5.3, 32.6.3, 36.3.10 : ACCESSORY BUILDINGS by direction of the Board of County Commissioners. Four percent was selected as this percentage meets most closely with what is current standard. A one acre lot would be allowed 1,742.2 square feet in total accessory structures, while larger lots would benefit from greater flexibility. Accessory structures constructed legally between August 25, 1981 (original effective date of Ordinance 89) and adoption of this new regulation will not be considered a Non Conforming Use and shall be allowed to be repaired or replaced in total. 21. Section 31.5.5, 32.7.12.2.6, 36.3.12 -DWELLING UNIT orientation by direction of the Board of County Commissioners. 22. Section 31.5.6, 32.7.12.2.7, 36.3.13: to include recommencations of the Oil and Gas Commission for construction in relationship to existing oil and gas facilities. 23. Section 33.2.2: for correct word selection. 24. Section 33.2.3.4: to clarify intent. 25. Sections 33.2.5, 33.3.5, 33.4.5, 33.5.5, • 34.2.5, 34.3.5 & 34.4 5 for consistency with practice. 26. Section 33.2.2.2 for correct word selection. 27. Section 33.6.1.3.5, 34.5.1.4.5: for correct dimensions directed by the Weld County Public Works Department. 28. Section 36.2.1.6: inclusion for consistency. 29. Section 43.2.3.1.1 requires Temporary Accessory Farm Use mobile homes to be occupied by persons Aprincipally employed at or engaged in the operation of the USE where the MOBILE HOME is located. Since Aengaged in the operation is such a broad term, the proposed change to Aprincipally employed at or principally engaged in the operation of the USE would be more clearly defined. 30. Section 43.2.7.7 to reflect current practice. 31. Section 43.2.7.8 to reflect current practice. 32. Section 49.2.1 to reflect current regulations. 33. Sections 49.2.1.12.10, 49.2.16 to reflect correct measurements. 34. Sections 49.3.1.3.2 to reflect current regulations. 35. Section 49.3.1.19.2 to reflect current requirements. 36. Section 51 to reflect current measurements. 37. Sectio'i 53 to include the addition of language to cover the replacement of existing structures in Sections 53.6.1.3, 53.6.1.3.1, 53.6.1.3.2, 53.6.1.4, 53.6.1.8, 53.6.1.11, 53.6.1.12, 53.7.1.3, 53.7.1.7, 53.7.1.10, and 53.7.1.11. This modification is recommended by FEMA to cover SUBSTANTIAL IMPROVEMENTS. 38. The addition of Sections 53.7.1.15 and 53.7.1.16 was recommended by FEMA. 39. Section 83: to reflect current practice. REQUEST 3. Updating to the Official Weld County Zoning Map. The public hearing will be held in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 4, 1999. Copies of the Zoning Ordinance are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Jennifer Mehring at(970) 353-6100, Ext. 3540, or Fax* (970) 352-6312, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. Marie Koolstra, Chair Weld County Planninc Commission To be published in the Fort Lupton Press. To be published one (1) time by April 24, 1999. Component 2: 1. Section 10: CHILD CARE CENTER definition modifications based upon recommendations by he Department of Environmental Health. 2. LEGAL LOT definition item (d) added for clarity that a lot can be made legal through a USR if the lot is smaller than the minimum lot size in Weld County and to change the format for overall Ordinance consistency. Please let the record state that the original packet sent to the Planning Commission included a mistake due to a virus on my computer. You received a corrected definition in distributed materials this afternoon. 3. OIL AND GAS PRODUCTION FACILITIES and OIL AND GAS SUPPORT AND SERVICE definitions to clarify use cf compressors. 4. Section 10: MAJOR FACILITIES OF A PUBLIC UTILITY definition to include cell towers. 5. Section 10: STREET, to include definition of a COLLECTOR. 6. Sections 21.4.2.5.2, 21.7.4.12, 24.2.2.4.1 ; 28.5.1.15, 28.9.1.21, to reflect current sign-posting requirements of the Department of Planning Services. 7. Sections 21 .7.1.11, 21.7.4.3 21.7.4.11 , 22.3.2.3, 22.4.3.3, 23.1.11, 23.2.1.13.1 , 23.2.1.13.2, 23.2.1.21, 24.2.2.7, 24.3.1.2, 24.4.2.1 , 24.4.2.4, 24.7.1.1, 24.7.1.4, 24.7.4.5.3.13, 25.7.2.4.11, 28.5.1.18, 28.5.1.18, 28.7.1.1.1, 28.7.1.1.3, 28.8.1.2.1, 28.1.2.3, 28.13.1.1, 28.14.1.6.1, 28.14.1.6.3: to include accurate reference to all Weld County ordinances. 8. Section 13.2.3: to include collateral for improvements for consistency with current development requirements. 9. Sections 24.5.1.9, 33.6.1.3.5, to reflect current Public Works standards. 10. Sections 24.5.2 and 25.5.3 to reflect current practice by the Department of Planning Services. 1. Section 28.3.2.5 for consistency with current requirements. 12. Section 28.8.1.4 for consistency with current requirements. 13. Section 31.5.6, 32.7.12.2.7, 36.3.13: to include recommendations of the Oil and Gas Commission for construction in relationship to existing oil and gas facilities. 14. Section 33.2.2: for correct word selection. 15. Section 33.2.3.4: to clarify intent. 16. Sections 33.2.5, 33.3.5, 33.4.5, 33.5.5, 34.2.5, 34.3.5 & 34.4.5 for consistency with practice. 17. Section 33.2.2.2 for correct word selection. 18. Section 33.6.1.3.5, 34.5.1 .4.5: for correct dimensions directed by the Weld County Public Works Department. 19. Section 36.2.1.6: i-iclusion for consistency. 20. Section 43.2.3.1.1 requires Temporary Accessory Farm Use mobile homes to be occupied by persons Principally employed at or engaged in the operation of the USE where the MOBILE HOME is located." Since Engagec in the operation" is such a broad term, the proposed change to Principally employed at or principally engaged in the operation of the USE" would clarify the issue. 21. Section 43.2.7.7 to reflect current practice. 22. Section 43.2.7.8 to reflect current practice. 23. Section 49.2.1 to reflect current regulations. 24. Sections 49.2.1.12.10, 49.2.16 to reflect correct measurements. 25. Sections 49.3.1.3.2 to reflect current regulations. 26. Section 49.3.1.19.2 to reflect current requirements. 27. Section 51 to reflect current measurements. 28. Section 60 to reflect current practice at the request of legal council. EXHIBIT 29. Section 83: to reflect current practice. r, Component 1 : ' . Section 2.1 : to amend state statute citation number. 2. Section 4.2.4: to include complete language. 3. Section 8.2: to amend for historical purposes. 4. Section 8.3: to include Section 8.3 which was approved on 10/10/98 but inadvertently omitted from printing. 5. Section 10: to change definition order for alphabetical order consistency througnout Section 10. 6. Section 10: to reflect current airport measurements in the definition of the following: AIRPORT REFERENCE POINT, AIRPORT, INSTRUMENT and NON INSTRUMENT RUNWAY and THRESHOLD. 7. Section 10: Animal Unit Tables: Change Format. 8. Section 27.5.1 .6 for consistency with numbering throughout document. 9. Section 28.11 .5: to amend for requirement listing consistency. 10. Section 32.7.5.1 for numbering/listing consistency. 11 . Section 41 .1 .3 for numbering/listing consistency. Consistency with the format in tabs was distributed this afternoon. 12. Section 49.2.14 to add a "°/0" symbol in the Organic Matter column for units. This was inadvertently omitted. This change was distributed this afternoon. Component 2: FEMA Rec.. Inmendations . Section 10: DEVELOPMENT definition is proposed to be expanded for flood hazard purposes. (This clarifies an issue which recently came up during USR-1199 Western Mobile gravel pit.) FEMA indicated that a mining operation requires a Flood Hazard Development Permit. This definition was taken directly from IF EMA's example ordinance. 2. Section 26.2: lo clarify current requirements of development in the floodplain. 3. Sections 26.2, 26.3.6.1 , 26.4.2, 26.4.3, 26.4.5 through 26.4.6, 26.4.8, and 26.5.2 to be consistent with recommendations from FEMA. 4. Sections 26.4.4, 26.4.4.1 and 26.4.4.2 to be consistent with recommendations from FEMA and the County's REGULATORY FLOOD DATUM. 5. Section 26.4.10 to include language to cover the replacement of existing structures. 6. Section 26.5 in conformance with the County's Flood Hazard Development Permit procedural guide and to be consistent with FEMA. 7. Section 53 to include the addition of language to cover the replacement of existing structures in Sections 53.6.1 .3, 53.6.1 .3.1 , 53.6.1 .3.2, 53.6.1 .4, 53.6.1 .8, 53.6.1 .11 , 53.6.1 .12, 53.7.1 .3, 53.7.1 .7, 53.7.1 .10, and 53.7.1 .11 . This modification is recommended by FEMA to cover SUBSTANTIAL IMPROVEMENTS. 8. The addition of Sections 53.7.1 .15 and 53.7.1 .16. 9. The addition to, addition of, or changes to the following definitions: Basement, Development, Existing Manufactured Home Park or Subdivision, Expansion to Existing Manufactured Home Park or Subdivision, Manufactured Home, New Manufactured Home Park or Subdivision, Program Deficiency, Recreational Vehicle, Remedy a Violation, Substantial Damage, Variance, and Violation. These amendments were distributed today. S`-ke--T 2. N poT t;} �cjs i d 7\ .,-, /1 () -71-1‘S . , . " //) o \\.\.///- --- - - i 41 i U 11 V , , , No-1 -(i-'5 2 From: jmfolsom <jmfolsom@ecentral.corn> To: CENTDOMAIN.CENTPOST(CHARDING) Date: 5/17/999:51am "0'n2 ^"" j D n. .J/ Subject: Copy for Planning Commission: Flood related zoning changes I J ST.VRAIN CONCERNED CITIZENS LL ?`� 7050 Lorna Linda Ct., Longmont CO 80504 303 833 2992 T ) I h: cri,1 , May 15, 1999 M1. Fred Metzler FEMA Build710,Federal Center G 3 S N ] r� +� Building 710, Box 25267 A IIII D 3Jl Denver CO 80225-0267 Subject: Conformity of Weld County to 440FR65 6661- 1- Z MI I/4 9 Dear Mr. Metzler: We understand that Weld County government has submitted to FEMA 'a.daa Buluuuld r(}unO0 Plank revisions to the Weld County Zoning Ordinance for review and approval. These include sections that relate to flood hazards.According to Ms Ann Johnson,Weld County Long Range Planner,the County will rely on your response as evidence that its ordinance is complying with all relevant FEMA regulations and requirements. We have reviewed a draft of the revised ordinance.We would like to draw your attention to FEMA regulations that do not appear to have been addressed by the revised Weld County Zoning Ordinance as proposed: 1.We find no reference in the ordinance to Federal Title 44, Chapter I, Part 65, Section 65.3*Requirements to submit new technical data"which directs a community[the County]to notify and submit technical and scientific data to the Administrator relating to changes to base flood elevations resulting from physic:al changes[development]affecting flooding conditions.We have found no evidence that this requirement has been complied with in the past and suggest that it be included in the proposed changes to the Courtly zoning ordinance.. 2. We find no reference to Section 65.12 'Revision of flood insurance rate maps to reflect base flood elevatiions'which requires the community[County]to make application, including specified documentation, to the FEMA Administrator for approval of encroachments on the flood plain before they occur.We find no evidence of past compliance to this requirement Many of the St.Vrain Concerned Citizens members live in the flood plain of the St.Vrain-Boulder Creek drainages near the Rlnn-Del Camino area in Weld County.Weld government is aggressively permitting development in this area.We are concerned that any failure of County government to fully comply with FEMA requirements will heighten the dangers of living in such a flood prone location. The FIRM 080266 08550 and 030266 0850O maps of the subject area that the County has on file are not complete. They do not contain zone designations for AO,All,Al-A30,B.C or D flood datum, conditions and hazards. There is no Floodway map available. Irrespective of this lack of information on which to judge flood hazard, County government has in the past and is in the process of approving development in this, and other flood prone areas where FEMA flood plain data is complete, To the best of our knowledge there has not been application made for determination if the changes resulting from this development require studies to determine necessary changes to FIRM maps or other cautionary responses or directives from FEMA. We enclose conies of letters to Cynthia Croxdale of FEMA, Kathi Hallums of Michael Baker Jr.,lnc., Monica Daniels Mika, Director,Weld County Planning Services and Weld County Commissioners that further detail the degree of conformance of Weld ordinances to FEMA requirements and their enforcement.We would appreciate your considering recommending to Weld government inclusion of these FIEMA requirements in the Weld Zoning Ordinance. It is our perception that flood hazards are not high on the list of priorities or approving development in this area by Weld government. Please contact the indersigned if you wish any clarification or additional information relating to this matter. EXHIBIT I Very truly yours, St.Vrain Concerned Citizens John S. Folsom PS:TO WELD COUNTY PLANNING COMMISSION:WE REQUEST THAT ANY ACTION ON THE ZONING ORDINANCE CI-ANGES BE DELAYED UNTIL FEMA HAS HAD AN OPPORTUNITY TO RESPONC TO THIS LETTER.THANK YOU. JOHN FOLSOM Dear MS Harding: I would appreciate it if you would see that the Planning Commission gets a copy of this before tomorrow's meeting. Thanks, John Folsom 46,t't MEMORANDUM WILDTO: Weld Board of County Commissioners r. -,33 COLORADO FROM: Anne Best Johnson, Long Range Planner 1 17/ SUBJECT: Zoning Ordinance, Proposed 89JJ The attached exhibits have been assembled for your review as additional recommendations to Zoning Ordinance 89JJ after the Planning Commission hearing on May 4, 1999. These attachments will be made part of the staff recommendation and asked to be included into the record. Exhibit 7 Section 31.3, 32.2.3, 32.3.3, 32.4.3, 32.5.3, 32.6.3 and 36.3.10 were forwarded to the Board of County Commissioners by the Planning Commissioners on May 4. However, Sections 31.4.16 and 32.2.4.7 require inclusion for ordinance-wide consistency. c ct+C0 4-y • -74,4.4.-,— s--N_ /$ f ✓.�. .--� Exhibit 8 The Weld County Department of Health has received a name change to the Weld County Department of Public Health and Environment. As Carol Harding noted in her e-mail dated 5/26/99, she will make all changes at the time she removes all red-line and strike-out materials. r a-syst�- �.tw,.et Exhibit 9 [ss -"."`"`.t4 .r_._.1 This exhibit consists of 14 pages of correspondence between Planning Services, Fred Metzler of FEMA and Mr. John Folsom. Mr. Fred Metzler indicated in a letter dated May 24, 1999 that Weld County has met all requirements for inclusion in the National Flood Insurance Program. • - Kin +fit.. . ri Exhibit 10 Final changes to Sections 26.2 and 53.4.2 are made by this Exhibit for compliance with FEMA. These changes represent a date change in 53.4.2 and a word change from BUILDING or , STRUCTURE to DEVELOPMENT in Section 26.2. -et,Cy�12 -- J.:.eet-74 _-`' 1-:.`. ._.4 C-M-r z_ Exhibit 11 It has come to our attention that procedures outlined in Section 24.7.2.10 do not provide adequate notificaton of mineral owners and lessees of mineral owners. At the suggestion of legal counsel, Exhibit 11 was prepared to provide proper notification in land use cases. SERVICE,TEAMWORK.INTEGRITY,QUALITY 1 EXHIBIT A o.J -.,s 31.4.16 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than-enc thousand five hundrcd (1500) square fcct 4% of the total lot area, as detailed in Section 31 3 of this Ordinance, per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. 32.2.4.7 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than- ne thousand fivc hundrcd (1500) square fcct 4% of the total lot area, as detailed in Section 32:2.3 of this Ordinance, per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part or ef-a map or plan field prior to adoption of any regulations controlling subdivisions. EXHIBIT 7 From: CAROL HARDING To: ajohnson Date: 5/26/99 12 :05pm Subject: Zoning Ordinance Just an item for you information -- the Board of Commissioners has changed the name of the Health Department to the Department of Public Health and Environment. There isn't much sense in trying to change every occurrence in the ZO at this point; however I think your need to make note of the change and mention it in your comments when you present the Zoning Ordinance. I will then make sure the change gets made at the time I do the global search and replace to remove redline/strikeout text and markings . Sound like a plan? CC: mmika cal (C��panC EXHIBIT 13 C" MANq�� Federal Emergency Management Agency iRegion VIII A. Denver Federal Center, Building 710 • fi' Box 25267 Denver, CO 80225-0267 Weld County Planning Dept. May 24, 1999 PdGY 2E, 1999 RECEIVED Ms. Anne Best Johnson Long Range Planner Department of Planning Services Weld County Administrative Offices 1555 17th Avenue Greeley, CO 80631 Dear Ms. Johnson: This is to advise you that the changes proposed to the Flood Hazard Overlay District provisions of the Weld County Zoning Regulations meet the current National Flood Insurance Program regulatory requirements. Sincerely, Fred Metzler Program Specialist cc: Tom F. Grier, Jr., COEM Brian Hyde, CWCB EXHIBIT DEPARTMENT OF PLANNING SERVICES 1 PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES C' 1400 N. 17TH AVENUE C.� GREELEY, COLORADO 80631 COLORADO FAX: 303 235 4849 �\orCay 5124-16161 N(11'1 No. Pages: 3 r-{C.c{ AIC- a.r COYItA l G-17tk_ C stir ticcLi ,( blot- lr(ce.r t May 19, 1999 n'16-0\,\. A1` /�V1Y� FA d `/ 24 (1g cd I 2-I Mr. Fred Metzler ,�(Q SS Denver Federal Center tG w CI 4 ' Building 710, Box 25267 Denver, Colorado 80225-0267 Dear Mr. Metzler: Attached are two sections of the Weld County Zoning Ordinance you requested. Per our conversation, I would appreciate a letter indicating that the proposed amendments to Weld County Zoning Ordinance as proposed by Ordinance 89JJ are in compliance with FEMA regulations. Sincerely, vT Anne Best Johnson 1 Long Range Planner .- ' With`, -ft the office of the Department of Planning Services with the approved Special Review Permit. 26 FLOOD'HA2:ARD:Flood I lozord Overlay Distfict"-De'elopnlet DEVELOPMENT Permit 26.1 Intent The intent of the FLOOD HAZARD''flood I lozord Overlay District Development Permit is to ensure that proposed BUILDING sites, DEVELOPMENTS and STRUCTURES which are to be located within the FW(Floodway) District and FP-1 and FP-2 (Floodprone) Districts are safe from flooding. 26.2 Applicability. No building permit or mobile home permit shall be issued nor shall any BUILDING or STRUCTURE which requires a building permit or mobile home permit be erected, constructed, replaced s'or SUBSTANTIALLY IMPROVED within the FW (FLOODWAY) (Floodway) District and FP-1 and FP-2 (Floodprone) Districts until a FLOOD HAZARD Fleed I lozord Overlay District Development Permit for such a BUILDING or STRUCTURE has been approved by the Department of Planning Services. Any person filing an application for a FLOOD HAZARDFlood I lozord Overlay District Development Permit for a STRUCTURE or MOBILE HOME mobile home is required to comply with the procedures and application requirements listed in this Section 26 Flood Hazard OVer t fstcrottDevel pment-Permit. Any person filing an application for a FLOOD HAZARDFlood I lezard Overlay District Development Permit which involves only the ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply only with the application requirements listed in Section 26.54. Any VE:LOPMENT tq be located within the FLOODPLAIN, as defined by the Official Weld County Flerod-Elaz ra d 0yeitay District Zoning Maps, are required to obtain a FLOOD HAZARD Overlay Distirct Development Permit in accordance with Sections 26 and 53 of this Ordinance. This FLOOD , HAZARD Overlay Distirct Development Permit shall be obtained for all DEVELOPMENT which are to be located within the FLOODPLAIN regardless of Building Permit requirements 26.3 Duties of the Department of Planning Services 26.3.1 The Department of Planning Services shall review the FLOOD HAZARD Reed I lozord Overlay District Development Permits to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required. The Department of Planning Services shall review the FLOOD HAZARD'.flood I lozord Overlay District Development Permit application and determine if the application requirements of this Section have been met by the applicant. If the application is not complete as required the applicant shall be notified of specific deficiencies. 26.3.2 The Department of Planning Services may forward copies of the complete application to any group or agency whose review and comment is deemed appropriate by the Department of Planning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within twenty-one (21) days shall be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the COUNTY`Weld County are intended to provide the Department of Planning Services with information related to the proposed FLOOD HAZARD o d H e Overlay District Development Permit. The COUNTY Weld County may consider all such reviews and comments and may solicit additional information if such information is deemed necessary The reviews and comments submitted by a referral agency are recommendations tc the Department of Planning Services. The authority and responsibility for making the decision to approve. approve subject to conditions. or deny the FLOOD HAZARD feed : I zarii Overlay District Development Permit application rests with the Department of Planning Services. 20-46 53.2.10.3 Controlling the alteration of natural FLOOD PLAINS, stream channels, and natural protective barriers, which help accommodate or channel FLOOD waters. 53.2.10.4 Controlling filling, grading, dredging, and other DEVELOPMENT which may increase FLOOD damage. and 53.2.10.5 Preventing or regulating the construction of FLOOD barriers which will unnaturally divert FLOOD waters or which may increase FLOOD hazards in other areas. 53.3 Disclaimer of Liability. The degree of FLOOD fleeel protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. FLOODS larger than the INTERMEDIATE REGIONAL FLOOD can and will occur on rare occasions. FLOOD'Fleeel heights may be increased by man-made or natural causes. Nothing in these Regulations shall be construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from FLOODING or FLOOD flead damages. This Regulation shall not create liability on the part of the COUNTY Weld Couret any officer or employee thereof or the Office of Insurance and Mitigation of the Federal Emergency Management Agency for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. 53.4 Definition of Flood Hazard Overlay Districts. There are hereby established in the COUNTY, Weld County, Colorado, two (2L FL9DD °HAZARD flood hazard OVERLAY ZONING DISTRICTS. These districts are referred to as the FLOODWAY Floodway and Floodprone Districts. The FL9ODWAY Floodway District includes one (1),zone district classification which shall be referred to as the FW (QLOODWAY).(Floodway) District. The Floodprone District contains two(2)zone district classifications One(1)zone district shall be referred to as the FP- 1 (Floodprone) District and the other shall be referred to as the FP-2 (Floodprone) Distrct. 53.4.1 The FW(FLOODWAY)(Floodway) District includes land which is within the high HAZARD AREA hazard area of an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the CHANNEL channel of a river or other WATERCOURSE,watcrcource and the ADJACENT land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW (FLOODWA')_I(Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps These maps were developed using the Flood Insurance Study for Weld County revised September 27, 1091, September 22, 1999=prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps correspond to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. 53.4.2 The Floodprone District includes all the land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the designated FW (Floodway) District on the Official Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a lower hazard area which serves primarily as a STORAGE AREAictorogc area for the floodwaters of an INTERMEDIATE REGIONAL FLOOD. The Floodprone District zone classifications FP-1 and FP-2 are shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. These maps were developed using the Flood Insurance Study for Weld County, revised Seetember 27, ',001, September-22, 1999, prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps correspond to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. 50-8 May 19, 1999 To the Weld County Planning Commission I understand there was some question at Tuesday's meeting whether the Commission had received copies of letters from the St. Vrain Concerned Citizens relating to the proposed changes to the Weld County Zoning Ordinance and Western Dairyman's COOP-Idaho Creek project. I e-mailed copies to Carol Harding Monday morning with a request to distribute them to the Planning Commission as the Planning Commission does not have an e-mail address at the County offices of which I am aware, and recent public notices have instructed any e-mails to the County Commissioners be directed to her e-mail address. Enclosed are copies of the letters for your consideration. The pivotal question relating to FEMA requirements is that it is the County's [termed "community" in the FEMA regulations] responsibility for submissions in regard to changes in the flood plain not the owner's or developer's as stated in the Flood Hazard Development Procedural Guide. We feel the other issues raised in sections 65.3 and 65.12 are also worthy of your consideration. Relative to the question of the availability of water taps for Idaho Creek, it might be well to check with the Boulder County commissioners as to their position on LHWD proceeding with the requested facilities to support additional taps in Weld County and consider inventorying building sites approved for taps vs. tap availability [the Town of Frederick government is also approving many sites requiring taps from LHWD]. I regret that I was not able to attend the meeting. Please contact me if I can be of any assistance. John Folsom Weld County Planning Dept. n=)9 RECEIVED ST. `TRAIN CONCERNED CITIZENS 7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992 May 15, 1999 Mr. Fred Metzler FEMA Denver Federal Center ]veld County Planning Dept. Building 710,Box 25267 Denver CO 80225-0267 n o Subject: Conformity of Weld County to 44CFR65 RECEIVED Dear Mr. Metzler: We understand that Weld County government has submitted to FEMA revisions to the Weld County Zoning Ordinance for review and approval. These include sections that relate to flood hazards. According to Ms Ann Johnson, Weld County Long Range Planner, the Ccunty will rely on your response as evidence that its ordinance is complying with all relevant FEMA regulations and requirements. We have reviewed a draft of the revised ordinance. We would like to draw your attention to FEMA regulations that do not appear to have been addressed by the revised Weld County Zoning Ordinance as proposed: 1. We find no reference in the ordinance to Federal Title 44, Chapter I, Part 65, Section 65.3 "Requirements to submit new technical data" which directs a community [the County] to notify and submit technical and scientific data to the Administrator relating to changes to base flood elevations resulting from physical changes [development] affecting flooding conditions. We have found no evidence that this requirement has been complied with in the past and suggest that it be included in the proposed changes to the County zoning ordinance.. 2. We find no reference to Section 65.12 "Revision of flood insurance rate maps to reflect base flood ele✓atiions" which requires the community [County] to make application, including specified documentation, to the FEMA Administrator for approval of encroachments on the flood plain before they occur. We find no evidence of past compliance to this requirement Many of the Si. Vrain Concerned Citizens members live in the flood plain of the St.Vrain- Boulder Creek drainages near the Rinn-Del Camino area in Weld County. Weld government is aggressively permitting development in this area. We are concerned that any failure of County government to fully comply with FEMA requirements will heighten the dangers of living in such a flood prone location. The FIRM 080266 0855C and 080266 0850C maps of the subject area that the County has on file are not complete. They do not contain zone designations for AO AH, Al- A30,B,C or D flood datum, conditions and hazards. There is no Floodway map available. Irrespective of this lack of information on which to judge flood hazard, County government has in the past and is in the process of approving development in this, and other flood prone areas where FEMA flood plain data is complete. To the best of our knowledge there has not been application made for determination if the changes resulting from this development require studies to determine necessary changes to FIRM maps or other cautionary responses or directives from FEMA. We enclose copies of letters to Cynthia Croxdale of FEMA, Kathi Hallums of Michael Baker Jr.,Inc., Monica Daniels Mika, Director, Weld County Planning Services and Weld County Commissioners that further detail the degree of conformance of Weld ordinances to FEMA requirements and their enforcement. We would appreciate your considering recommending to Weld government inclusion of these FEMA requirements in the Weld Zoning Ordinance. It is our perception that flood hazards are not high on the list of priorities for approving development in this area by Weld government. Please contact the undersigned if you wish any clarification or additional information relating to this matter. Very truly yours, St. Vrain Concerned Citizens John S. Folsom PS: TO WELD COUNTY PLANNING COMMISSION: WE REQUEST THAT ANY ACTION ON THE ZONING ORDINANCE CHANGES BE DELAYED UNTIL, FEMA HAS HAD AN OPPORTUNITY TO RESPOND TO THIS LETTER. THANK YOU. JOHN FOLSOIVI ST. VRAIN CONCERNED CITTZENS 7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992 May 15, 1999 Weld Board of County Commissioners P O Box 758 Held County Planning Dept. Greeley CO 80631 Subject: Idaho Creek - Case: S460 0 1999 Dear Commissioners: RECEIVED In reviewing the responses to referrals on this case we noted a letter dated February 2, 1999 from the Left Hand Water District which stated: "The District received 1041 permit approval from Boulder County to begin construction of the District's Eastern Transmission Master Plan facilities." It is our understanding that this approval is conditional on reaching agreement with Weld County government as to a development plan covering the area between SHs 52 and 119, and WCRs 1 and 3 that is acceptable to the Boulder County commissioners. Further, that no construction on this project was to be permitted until an agreement is reached. As far as we can determine there have been no negotiations for this prerequisite planning agreement to this date. It would seem prudent for Weld government not agree to development of the Idaho Creek project until the Boulder government conditions were met and construction of the facilities was permitted. financed and constructed. The LHWD letter also states: "These taps are available to the above referenced property and other eligible properties on a first-come, first served basis." With the great amount of development that is taking place in this area and since, apparently, no agency is keeping an account of building sites approved vs. taps available, inevitably, there will result more tap demand than supply. It would seem sensible for Weld government to withhold development approvals until taps have been specifically dedicated or are in sufficient supply to meet the needs of all developments approved. This situation applies also to the St. Vrain Sanitation District which is projecting increased capacity facility expansion for which, we understand, the land has not even been acquired. Enclosed is our letter of May 18, 1998 including other comments on this project Regarding item 6. XV, land has been set aside for a future school. Unfortunately a portion of it is in the food plain. To the best of our knowledge the information provided is accurate, but suggest it be confirmed by staff. very truly you:-s, St. Vrain Concerned Citizens John S. Folsom aiumm .Aioid County Planning C. INSTRUCTIONS FOR COMPLETING THE APPLICATION/CERTIFICATION FORMS FOR CONDITIONAL LETTERS OF MAP REVISION,LETTERS OF MAP REVISION,AND PHYSICAL MAP REVISIONS • - (1 1999 GENERAL El( E 6924 r'L E I L VF In 1960,the U.S.Congress passed the National Flood Insurance Act,which created the National Flood Insurance Program(NFIP). The NFIP was designed to reduce future flood losses through local floodplain management and to provide protection for property owners against potential losses through flood insurance_ e agreement(or making flood insurance available in a community,the NFIP requires me participating man. ust adopt floodplain ordinances containing certain minimum requirements intended to ilitAtr turc flood losses. The °'eomm�u o le for submitting data tq the F•AEra( Emergency 3annentt Agency(FEMA)reflecting revised hazard intormattwn so t1 at NV111 maps can be revuens allow risk premium rates and floodplain management requirements to he based on current data. Submissions to FEMA for revisions to effective Flood Insurance Studies (FISs) by individual and community requesters will require the signing of application/certification forms. These forms will provide FEMA with assurance that all pertinent data relating to the revision is included in the submittal. They will also assure that: (aj the data and methodology are based on current conditions;(b)qualified professionals have assembled data and performed all necessary computations;and(c)all individuals and organizations impacted by proposed changes are aware of the changes and will have an opportunity to comment on them. The circumstances for which this package is applicable are as follows: Conditional Letter of Map A letter from FEMA commenting on whether a proposed Revision(CLOMR) project,if built as proposed,would justify a map revision (LOMR or Physical Map Revision(PMR)),or proposed hydrology changes(sec 44 Code of Federal Regulations (CFR)Ch.I,Parts 60,65,and 72). Letter of Map Revision A letter from FEMA officially revising the current NFIP map (LOMR) to show changes to floodplains,floodways,or flood elevations(see 44 CFR Ch. I,Parts 60,65,and 72). Physical Map Revision A reprinted NFIP map incorporating changes to floudplains, (PMR) floodways,or flood elevations. Because of the time and cost involved to change,reprint,and redistribute an NFIP map,a PMR is usually processed when a revision reflects large scope changes(see 44 CFR Ch. I,Parts 60,65,and 72). It should be noted that FEMA may decide to defer a revision until a future date. Please note that for the following circumstances,this package is not applicable.Instead,the package entitled Amendments and Revisions to National Flood Insurance Program Map.AnnliCation/CertifiCatiOn Forms and Instructions for Conditional Letters of Map AmenSment Letters of Mao Amendment.Conditional Letters of Map Revision(Based on Fill),and Letters of Map Revision(Based on Fill)is appropriate. COi!St14,J aley. r 49VA'Al 7 r' FC9eov, 2 / - 2, S t4 F3 , ,,,,dip,/ 9 9 ST. \TRAIN CONCERNED CITIZENS 7050 Loma Linda Ct., Longmont CO 80504 303 833 2992 May 13, 1999 Monica Daniels Mika, Director Weld County Planning Services Weld County Planning Dept. 1400 N. 17th Avenue Greeley CO 80632 Subject: Projected revisions to Zoning Ordinance. RECEIVED Dear Ms Daniels Mika: Thank you for sending us a draft of the changes proposed for the above ordinance. As many of us live in an area of special flood hazard, we are desirous that the County will protect us from development that will aggravate the potential flooding hazards in the area. With so much land available for development outside these flood prone lands, it seems unwise for the County to permit development in these lands, even with restrictions, that might be a danger to these developments and others in an area prone to flooding. We have the iollowing specific comments on the flooding related sections of the ordinance: 1. We find no reference in the ordinance to Federal Title 44, Chapter I, Part 65, Section 65.3 "Requirements to submit new technical data" which requires a community [the County] to notify and submit technical and scientific data relating to changes to potential flooding conditions. We have found no evidence that this requirement has been complied with and suggest that it be included in the proposed changes to the ordinance. The Home Rule Charter may have the effect of permitting variances from requirements of state statutes and regulations, but not federal. 2. We find no reference to Section 65.12 which requires application to the FEMA administrator for approval of encroachments on the flood plain. We find no evidence of compliance with this requirement. 3. Planning Service employees were not able to find "Flood Hazard Overlay District Development Permits" or "Official Weld County Flood Hazard Overlay District Zoning Maps" [referred to in 53.4.1 and 53.4.2] during a recent visit. We would appreciate receiving copies of these documents [pertaining to the St. Vrain-Boulder Creek drainages in the case of the maps . Mention is made of a September 22, 1999 revision, but the September 27, 1991 edition would be adequate!]. 4. Under definitions: VIOLATION. We have found no evidence of enforcement of this requirement. 5. Under definitions: REMEDY A VIOLATION. Add the word "Federal" to "State or local FLOOD PLAIN management regulations," Relating to the items where we have found no evidence of compliance or enforcement, obviously, we have not been able to research all relevant cases. It would be reassuring if you could provide us with examples of cases where these requirements have been satisfied. We hope that these comments will be constructive in the review process of the Zoning Ordinance. Very truly yours, St Vrain Concerned Citizens John S. Folsom PC: BOCC flood.doc ST. VRAIN CONCERNED CITIZENS 7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992 April 12, 1999 Weld Board of County Commissioners P 0 Box 758 Greeley CO 80632 Subject: Deve.opment in the flood plain Dear Commissioners: Enclosed is a copy of'a letter to FEMA regarding documentation of changes in the St. Vrain-Boulder Creek flood plain that have or will result from approval of development in the Flood Hazard Overlay District. We suggest that FEMA be added to the referral list for PUDs, zoning changes, etc. when development applications are made and advising FEMA with appropriate supporting information when, in the unfortunate event, development is approved by the BOCC in such a district. Before discounting the possibility of flooding in the MUD district, it might be well to recall the recent flooding in Fort Collins, the Big Thompson disaster of 1978 and the Cherry Creek flooding of 1965. It is understandable that land owners and developers desire to maximize their profit from land development wherever it is. It is less than understandable the role that Weld government is playing in approving development in areas that constitute a potential danger to the health, welfare, safety and property of Weld citizens when so much appropriate land is available without those attendant risks. Very truly yours, St. Vrain Concerned Citizens John S. Folsotn PC: Weld County Planning Commission, Weld County Council, Monica Daniels Mika ST. `RAIN CONCERNED CITIZENS 7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992 April l0, 1999 Cynthia M. Croxdale Federal Emergency Management Agency Technical Services Division, Room 418 500 C Street, SW Washington D.C. 20472 Dear Ms Croxc.ale: The St. Vrain Concerned Citizens is a group of residents of southwest Weld County, Colorado in an area that is being rapidly being developed from agricultural land to industrial, commercial and residential uses. A portion of this land is in the floodways and flood plain of the St. Vrain and Boulder Creek drainages. Lands within the 100 year flood boundaries have been and are proposed to be developed with the erection of several structure types for various uses. In addition, there has occurred placing of fill on lands in the flood plain to raise the land above its flooding elevations. As far as we can determine there has been no reporting of these changes in the topography of the flood plain to FEMA so that it can determined as to their effect on flows, elevations and boundaries of the flood plain and a LOMC from MSC will reflect current flooding potentials. The Flood Insurance Rate Maps [FIRMs] for the area have never been completed as to zone designations, etc. as best as we can determine [latest map revisions 9/28/82]. We specifically refer to FIRM Community Panel Nos. 080266 0855 C and 080266 0850 C. In light of the above, we are requesting FEMA to analyze this community's needs as to changes in and completion of FIRMs and adequacy of reporting to FEMA of those changes for the following reasons: 1. Road names and locations have changed, annexations and changes to corporate limits have definitely occurred. We cannot make judgment as to changes in elevation reference mark locations. 2. Zone designations [ zones AO, AH, Al-A30, B, C, and D] have not been determined according to the maps we have.. 3. Floodplain and floodway boundary delineations, hydrology and hydraulic data would have been affected by changes in topography of the area resulting from recent surface mining and topography changes from development . 4. On request, we will provide mapping update documentation including records of river flow, rainfall, floodplain topographic surveys [including alterations resulting from land development, hydrologic and hydraulic analyses that is available to us to assist in preparing a Flood Insurance Study Report. 4. We would hope that FEMA would request a Letter of Map Change [LOMC] revising and amending the affected FIRMs and most importantly inform local governmental jurisdictions [which will be provided on request]of their responsibilities and those of developers in their areas to comply with reporting requirements for changes in floodplain topography affecting its elevations, flows and boundaries. We would appreciate your advising us as to that status of this request and how we may assist with information or in any other manner to implement it. If you are not involved in the subject mater of this letter, please forward it to the proper person. Very truly yours, St. Vrain Concerned Citizens John S. Folsom PS: Please send me a copy of the form for and requirements for reporting to FEMA any changes to the flood plain. E-mail address: jmfolsom@ecentral.com Thanks: JSF PC: Weld County Board of County Commissioners, Planning Commission. Planning Services, Council with irr the office of the Department of Planning Services with the approved Special Review Permit. 26 FLOOD.HAZARDflood I lazord Overlay District Developmet DEVELOPMENT Permit 26.1 Intent. The intent of the FLOOD HAZARD flood I lazord Overlay District Development Permit is to ensure that proposed BUILDING sites, DEVELOPMENTS and STRUCTURES which are to be located within the FW(Floodway) District and FP-1 and FP-2 (Floodprone) Districts are safe from flooding. 26.2 Applicaaility. No building permit or mobile home permit shall be issued nor shall any BUILDING or STRUCTURE which requires a building permit or mobile home permit be erected, constructed, replaced or SUBSTANTIALLY IMPROVED within the FW (FLOODWAY) (Floodway) District and FP-1 and FP-2 (Floodprone) Districts until a FLOOD HAZARD Heed Hazard Overlay District Development Permit for such a BUILDING or STRUCTURE has been approved by the Department of Planning Services. Any person filing an application for a FLOOD HAZARD flood Hazard Overlay District Development Permit for a STRUCTURE or MOBILE HOME mobile home is required to comply with the procedures and application requirements listed in this Section 26, Flood Hazard Overlay District DeveloomentPermit. Any person filing an application for a FLOOD HAZARD flood I lazard Overlay District Development Permit which involves only the ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply only with the application requirements listed in Section 26.5-2. Any DEVELOPMENT to be located within the FLOODPLAIN, as defined by the Official Weld County Flood Hazard Overlay District Zoning Maps, are required to obtain a FLOOD HAZARD Overlay Distirct Development Permit in accordance with Sections 26 and 53 of this Ordinance. This FLOOD HAZARD Overlay Distirct Development Permit shall be obtained for all DEVELOPMENT which are to be located within the FLOODPLAIN regardless of Building Permit requirements. 26.3 Duties of the Department of Planning Services 26.3.1 The Department of Planning Services shall review the FLOOD HAZARD Heed I lazard Overlay District Development Permits to determine that all necessary permits have been obtained from Federal. State, or local governmental agencies from which prior approval is required. The Department of Planning Services shall review the FLOOD HAZARD flood I lazard Overlay District Development Permit application and determine if the application requirements of this Section have been met by the applicant. If the application is not complete as required the applicant shall be notified of specific deficiencies. 26.3.2 The Department of Planning Services may forward copies of the complete application to any group or agency whose review and comment is deemed appropriate by the Department of Planning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within twenty-one (21) days shall be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the COUNTY Weld County are intended to provide the Department of Planning Services with information related to the proposed FLOOD HAZARD Flood I lazard Overlay District Development Permit. The COUNTY Weld County may consider all such reviews and comments ane may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services. The authority and responsibility for making he decision to approve, approve subject to conditions, or deny the FLOOD HAZARD flood I turd Overlay District Development Permit application rests with the Department of Planning Services. EXHIBIT 20-46 l0 53.2.10.3 Controlling the alteration of natural FLOOD PLAINS, stream channels, and natural protective barriers, which help accommodate or channel FLOOD waters. 53.2.10.4 Controlling filling, grading, dredging, and other DEVELOPMENT which may increase FLOOD damage. and 53.2.10.5 Preventing or regulating the construction of FLOOD barriers which will unnaturally divert FLOOD waters or which may increase FLOOD hazards in other areas. 53.3 Disclaimer of Liability. The degree of FLOOD fleed protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. FLOODS larger than the INTERMEDIATE REGIONAL FLOOD can and will occur on rare occasions. FLOOD flood heights may be increased by man-made or natural causes. Nothing in these Regulations shall be construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from FLOODING or FLOOD flood damages. This Regulation shall not create liability on the part of the COUNTY, Weld County7 any officer or employee thereof or the Officc of Insurance and Mitigation of the Federal Emergency Management Agency for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. 53.4 Definition of Flood Hazard Overlay Districts. There are hereby established in the COUNTY, Weld-County, Colorado, two (2) FLOOD HAZARD flood hazard OVERLAY ZONING DISTRICTS. These districts are referred to as the FLOODWAY'Floodway and Floodprone Districs. The FLOODWAY Floodway District includes one (1)zone district classification which shall be referred to as the FW (FLOODWAY)`(Floodway) District. The Floodprone District contains two(2)zone district classifications. One(1)zone district shall be referred to as the FP- 1 (Floodprone) District and the other shall be referred to as the FP-2 (Floodprone) District. 53.4.1 The FW(FLOODWAY) (Floodway)District includes land which is within the high HAZARD AREA hazard arco of an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the CHANNEL channel of a river or other WATERCOURSE watercourse and the ADJACENT land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW (FLOODWAY) (Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. These maps were developed using the Flood Insurance Study for Weld County, revised Ccptcmbcr 27, 1001, September 22, 1999 prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps correspond to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. 53.4.2 The Floodprone District includes all the land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the designated FW (Floodway) District on the Official Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a lower hazard area which serves primarily as a STORAGE AREA'ctorogc orco for the floodwaters of an INTERMEDIATE REGIONAL FLOOD The Floodprone District zone classifications FP-1 and FP-2 are shown on the Official Weed County Flood Hazard Overlay District Zoning Maps. These maps were developed using the Flood Insurance Study for Weld County, revised September 27, 10'91, September22, 1999, prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps correspond to the Flood Insurance Rate Maps ncluded in the Flood Insurance Study for Weld County. 50-8 24.7.2.10 kalgtwitiistogA certified list of the names and addresses of aft owners and lessees of mineral owners on or under the parcel of land being considered. The source o€ sueh-list shall be assembled prepared from the real prdpefty,records of the Weld County Clerk and Recorder, and shall"bercurrentas of a date no,more than 30,(thirty)days p ,or teSkatligitttfONNatio1116,stthnli4e4to4The'WeldCounty:flar)ltingDep rtment• orfrem en-ewnership update from a title or abstract eompany or an attorney, derived from such reeerds— EXHIBIT This is what the Zoning Ordinance says: 24.7.2.10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. This is what Bill Crews suggests: A list of the names and addresses of all mineral owners and lessees of mineral owners under the subject property in the form of an affidavit. The list shall be prepared from the real property records of the Weld County Clerk and Recorder, and shall be current through a date within 30 (thirty) days of the date the application is submitted to the Weld County Planning Department. Additional Information to be provided in a hand-out format: The Weld County Assessor's Office does not maintain records, except in rare instances, of the names and addresses of the mineral owners and lessees of mineral owners. This information is obtained from an examination of pertinent documents in the real property records maintained by the Weld County Clerk and Recorder. Due to the complexity of mineral title, the Applicant will likely need to utilize the services of an attorney, title company or certified professional landman. Lee suggests 24.7.2.10 An affiavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered.The list shall be prepared from the real property records of the Weld County Clerk and Recorder, and shall be current as of a date no more than 30 (thirty) days prior to the date the application is submitted to the Weld County Planning Department. From: LEE MORRISON To: ajohnson Date: 6/30/99 3 :01pm Subject: mineral notice resend- Anne said my comments left out -see very end of document Reply requested when convenient See my attachment with slight wording change. I do not encourage an add on to the July 12 hearing since the Planning commission did not hear this issue. On the other hand , the old version is not very far from the proposed new version so it would be my view that the Crews explanation could be added to the procedural guide now and the ord change could catch up. Lee D. Morrison. Assistant County Attorney<WP Attachment Enclosed> Lee D. Morrison. Assistant County Attorney CC: bbarker,mmika From: LEE MORRISON To: NORTHDOMAIN.NORTHPOST(AJOHNSON) Date: 6/29/99 2:41pm Subject: Mineral Owner Notification -Reply Reply requested when convenient See my attachme:at with slight wording change. I do not encourage an add on to the July 12 hearing since the Planning commission did not hear this issue. On the other hand , the old version is not very far from the proposed new version so it would be my view that the Crews explanation could be added to the procedural guide now and the ord change could catch up. Lee D. Morrison Assistant County Attorney CC: bbarker,mmika From: MONICA MIKA To: AJOHNSON Date: 6/29/99 4 :29pm Subject: Mineral Owner Notification -Reply I would do it as soon as possible. >>> ANNE JOHNSON 06/29/99 01:32pm >>> Good Afternoon. Here I am again, the e-mail happy-planner. This is what the Zoning Ordinance says : 24 .7.2 . 10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. This is what Bill Crews suggests: 24.7.2.:10 A list of the names and addresses of all mineral owners and lessees of mineral owners under the subject property in the form of an affidavit. The list shall be prepared from the real property records of the Weld County Clerk and Recorder, and shall be current through a date within 30 (thirty) days of the date the application is submitted to the Weld County Planning Department. Additional Information to be provided in a hand-out format: The Weld County Assessor's Office does not maintain records, except in rare instances, of the names and addresses of the mineral owners and lessees of mineral owners. This information is obtained from an examination of pertinent documents in the real property records maintained by the Weld County Clerk and Recorder. Due to the complexity of mineral title, the Applicant will likely need to utilize the services of an attorney, title company or certified professional landman. Do you think the change to the Zoning Ordinance, Section 24.7.2.10 should be proposed on the. 12th of July with the other Zoning Ordinance changes during the first reading? Or, should we take a look at this and then introduce 69KK to address this issue? From: ANNE JOHNSON To: MMIKA, CENTDOMAIN.CENTPOST.BBARKER, CENTDOMAIN.CEN. . . Date: 6/29/99 1:31pm Subject: Mineral Owner Notification Good Afternoon. Here I am again, the e-mail happy-planner. This is what the Zoning Ordinance says: 24.7 .2.10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. This is what Bill Crews suggests: 24 . 7.2. 10 A list of the names and addresses of all mineral owners and lessees of mineral owners under the subject property in the form of an affidavit. The list shall be prepared from the real property records of the Weld County Clerk and Recorder, and shall be current through a date within 30 (thirty) days of the date the application is submitted to the Weld County Planning Department. Additional Information to be provided in a hand-out format: The Weld County Assessor's Office does not maintain records, except in rare instances, of the names and addresses of the mineral owners and lessees of mineral owners. This information is obtained from an examination of pertinent documents in the real property records maintained by the Weld County Clerk and Recorder. Due to the complexity of mineral title, the Applicant will likely need to utilize the services of an attorney, title company or certified professional landman. Do you think the change to the Zoning Ordinance, Section 24 . 7 .2 .10 should be proposed on the 12th of July with the other Zoning Ordinance changes during the first reading? Or, should we take a look at this and then introduce 89KK to address this issue? DEPARTMENT OF PLANNING SERVICES rtzt;.,, \ PHONE (970) 353-6100, EXT.3540 J\1 FAX(970)304-6498 E-mail address: I:MMIKA@CO.Weld.CO.US ID 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 WI Cz COLORADO July 7, 1999 Rick Wyland FEMA Mitigation Division Denver Federal Center Bldg. 710 Box 25267 Denver, Colorado 80225-0267 Dear Mr. Wyland: The Weld County Board of Commissioners received a letter, June 29, 1999, requesting adoption of floodplain management measures. According to this letter, your office is waiting to approve these proposed floodplain management measures, and must do so by September 22, 1999. Presently, the Weld County Department of Planning Services is undergoing changes to our FEMA mitigation rules as cited in the Weld County Zoning Ordinance. The Board of County Commissioners will consider these proposed changes at public hearings scheduled for July 12, August 2, and August 18, 1999. The effective date of these changes will be August 30, 1999. For the past year, we have been working with Fred Metzler to review and assist us in meeting the intent of the federal guidelines. I have enclosed a copy of a memo, dated May 24, 1999, received from Mr. Metlzer, stating that the agreed upon proposed changes are adequate to satisfy our participation in the program. Should this not be the case, and you are anticipating additional floodplain management measure necessary to ensure complete compliance with NFIP, then I would welcome the opportunity to discuss, as soon as possible, these concerns with you. I may be reached until July 20, 1999 at the above telephone number, after this please direct all correspondence and telephone calls to Wendi Inloes at the above address and telephone number. Thank you for your attention on th's matter. and I look forward to hearing from you soon. Sincerely, • Monni�ca Daniels-Mika, CP Director Enc: Letter June 29, 1999 FEMA Letter, May 24, 1999, Fred Metzler Letter May 19, 1999, Anne Johnson Letter, April 9, 1999, Fred Metzler pc: Wendi Inloes Fred Metzler g fXM1111♦ Lee Morrison Glenn Vaad George Baxter " F I!F No.836 06/29 '99 13 49 I D:WELD CTY GOVT FAX:9703520242 PAGE 2 ICI ) OrH t , �4s , .byWEI [. Ci)L.!rFederal Emergency Managen� : A�g; ncy � A ,, IIII Washington, D.C. 20472 inpn 7Y AM : r JUN 2 2 1999 CERTIFIED MAIL �' (- i', ) RETURN RECEIPT REQUESTED The Honorable Connie Harbert Chairperson, Weld County Board of Commissioners 91.5 Tenth Street Greeley, Colorado 80631 Dear Ms. Harbert: We appreciate and commend you for the efforts put forth in implementing your community's floodplain rnnnagement measures, We would like to take this opportunity to remind you that: A Flood Insurance Study(FIS) and Flood Insurance Rate Map(FIRM)establishing base flood elevations have been completed for your community; The FIS and FIRM will become effective on September 22, 1999; and By that date, our Regional Office staff will have to approve the legally enforceable floodplain management measures your community adopts in accordance with Section 44 CFR 60.3 (d). If you should encounter difficulties in enacting the measures, I recommend that you call the Director, Mitigation Division of the Federal Emergency Management Agency (FEMA) in Denver, Colorado at (303) 235-4830. Our Regional Office staff will be happy to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for your community and will ensure participation in the National Flood Insurance Program (NFIP). The address of the Regional Office is: PUMA Mitigation Division, Denver Federal Center, Bldg, 710, Box 25267, Denver, Colorado 80225-0267. I realize that you may have already contacted our Regional Office and may now be in the final adoption process, or you may have recently adopted the appropriate measures. If you have not done so, please consider this a formal reminder that you have 3 months left in which to adopt the appropriate floodplain management measures, and have them approved by our Regional Office staff. Your community's adopted measures will be reviewed upon receipt, and our Regional Office will notify you when your measures are approved. I encourage you to submit your community's floodplain management measures and have them approved by our regional staff by the FIRM effective date to avoid suspension from the NFIP. Since l rec-e Michael r /mstrong l/ IAssociate Director for Mitigation cc: Floodplain Administrator Accessory Structures in Platted County Subdivision Lot size is under 10 acres Gin: Utility Easement Subdivision Ordinance 10.6.1 20' Rear and Side minimum Subdivision Ordinance 10.6.2 15' Front minimum .5 acre lot in platted County Subdivision • Principal Dwelling (PD) is 2,000 square feet (Building Foot Print) Example 1: Combined accessory structure gross floor area cannot exceed 4% (871 square feet) of the lot size, or twice the floor area of the principal dwelling. 1 Example 2: Combined accessory structure gross floor area cannot exceed 1,500 square feet. 7 / • • �XM111#t Accessory Structures in Platted County Subdivision Lot size is under 10 acres Given: Utility Easement Subdivision Ordinance 10.6.1 20' Rear and Side minimum Subdivision Ordinance 10.6.2 15' Front minimum 1 acre lot in platted County Subdivision Principal Dwelling (PD) is 2,000 square feet (Building Foot Print) Example 1: Combined accessory structure gross floor area cannot exceed 4% (1,568.8 square feet) of the lot size, or twice the floor area of the principal dwelling. JT i Example 2: Combined accessory structure gross floor area cannot exceed 1 ,500 square feet. EXHIBIT v‘tc 30 rat to,.jj / V evg. .ing ter • y O 111 -I . 7`d - w 7�A�'r eel/et/Ole ,� no • 71-r-r OYSS f'IS or Jkitraf p / r ��. )/O/v • • a Soet;.,it VI, Page 6.isz Actual value of ndnpruducing lands and mineral interests is to be correlated to the end of the data collection period as specified in the statutes. The appraisal date for these classes of property is June 30 of the value statutes'ar prior to the year of reappraisal . Fxact wording of the level of IS 60ntainrd in 90.1.104 (10.1) thesuy6 (12.4), c.n. . i $ionoroducing Severed Mineral Interests Severed mine^al interests are separate ownerships of minerals 1n place and do not include surface land. Colora�q Statutes rfquir� the accoanmrnr. aF nu. wuJu�Iny severen mineral interests and provide for their valuation. Statutopy References Severed Nine ali Severed mini a1' interact, niher than oil and gas interests, must be valued by considers ion of the three approaches tq value, pursuant to 39-1-104, C.R.S. Lessors of s; ergd minerals arP rPquiran to filo nontal 4efannatia.. wiLL the county assessor. . , A.a.l4'At'V ! ' ill i „�U4' °9 !.( L1y i y. ti��` r t T4..`,[ �k v, 5, 4t,�;,4' :� 1 H,R- ors ks 7 '�Jyy x ; � :,-;1,-7411, ,-;1-741 � l ay a t ^, $. - .tt1% rr � 4 �apjy � (yt 'R`ft. 446 I4 j, Tt tv nu.--,c .. t u.�t 4 I ' 1 ': 19h�t 1, Y ::, P1 4, �1 - l ) . I[ll I 'l ..�i 1 1 1.'_l'.. .... iinolll J� u� iT U 1 ft05 i pt„,, . �lu 0 i n i,�(p,VC w I 4)`ip t( � ',a -{�np4J g, 4-y✓m' .l .� I� � �QX�4 i 1rF1 rS�1I��T1 � ' �ha i ifi i�JYn }K' w 'F`q �p �v na�azrh t n ' y a { z e '° 1 t fly�� }�t� t(�mP,�11, �ttttJ t Il i1]di� " t,4 �� 4 ffy�i"��IP.19lF{q(t' t�0 i i�i rtaV ��i ,� c f ^' 3+� ff I } �" tgj, �k �' rl�v i 4 it•t r �1 ��'� � i 1. iw nfi rren'J�n'�i ti� t8it�ttu�t l�4`�iiu�i51L"lt�i � du�.Lt.1hgl�uJW.1ld-� i�4'�+`1z�� 7 Any taxpayer who owns land where some or all of the mineral estate has been severed can request that the assessor place the mineral interest on the tax roll, according to the provisions of 39-1-104.5, C.R.S. Proof of ownership and the record of creation of the severed mineral interest must be provided to the county assessor. Additional information regarding the sale and purchase of severed mineral interest tax liens can be found in 39-11-150, C.R.S. The statutes require sole use of the income approach to value severed nonproducing nil and gas mineral interests, pursuant to 39-7-109, C.R.S. The annual net rental is to be capitalized at an appropriate market rate. IS-DPI-AS PU8 ARL VOL 3 1-89 Revised 1-9f li Section VI, Page 8.83 The statu ry definition of "annual rental" for severed nonproducing oil and gas mi oral interests is found under 39-7-109(2), C.R.S. It is virtually identical to the definition of 'annual rental' for nonproducing oil shale ineral interests found under 39-1-103(12)(b), .C.R.S., cited below. Re er to Minerals in Place. Minerals 1 ('lace (Mineral Resgrves) Colorado s elutes define minerals in place as follows: ;44c''''' ^r .St ra t, '..g � e ..� 5, I o > n !, 'R. 3t• dv1:;‘&,,' 1 .`i1'` a8 ' —.....'1 1 (1 1 •I ',!' vs 1m Y lai'AihS`u{T � 1 y I� v n P- ty�m�y � , r II4 eIL ..(4T 1.4- y 1 1n�r> t � {l Yi 44 i�autvui F��a�ut 5��'�M, , Svgt ?"�'�'1 raY�:;�,„ .,d3,�'sl�, ?_�S � I The Colorado legislature specifically declares that, in cases where consistent on of the three approaches to value fails to indicate an actual value for he mineral in place, the surface use of the property will be the determinin, factor when valuing land. ""-,}, 3Y Al S` ii 7£Nr'Ptnl"�i6 W{i17s re ear, 425 i:;,...,1; 1q G 4 ' 1 )iY 1 f• ' ' Og ? 1'91111I1111111 l 1 Hit tits l 11111 I )1) �g7L1 11(4U) 14 ( 1 11 > );,,L. k i ',ft' 1 1 {AV, 9j.,, 1 11 1' ' 11t > rl ,-; ', I 1 F aYp„ , I.... .'�J,.D 14, 141 V ry'F 4,q l,,,miu l liiiii �f 1., .' y. , I,t q't'a oulhll.�».2, . 4 m I41 'iF .� W+�n .L _ l ,._: J s V I�.. F ) n t u._. ,e7w;,q ? n. y P C Si in ,,y T. v l 'r% ;4t-,;4t ryl &t Vd eyQ,� > eH ,l 1M t,niem.t �t..� pia F 1 Std } 1 a >4 a� a e° E�� . 1 v Y ?11441'1'44j 1'h — t i di t "a'b'rk s`�n a d' r i r liW �ci, ' 1w?YC5- ` s...Th rue 9 6 Itm J 1. K c, l W r r Y°� t1�i OSl� dIs e`h"� 1 , n r 1 n p :G ti �d+`S..Y' 7�J 1 i,l11J1� �I II11 • 71p� 4l IL h�fiti 1P PI IA'I!. '.II1( ) 1''.i'''I llt( it _,Iii � .'n, t ,, N ssl t siaid g��.i IIP6,5 . , ; 1.a.f1,i,uJ 'k t pA _ This declaration is further reiterated in 39-1-103(5), C.R.S. In valuing real property, minerals in place are not to be considered in determining the actual value of such real property unless the assessor can produce evidence that inclusion of the value of the minerals in place results in uniform, just and equal values, 39-1-103(11), C.R.S. In valuing oil shale mineral interests, limitations regarding the applicatio of both the market and income approaches are specifically sot forth in C lorado statutes. The sales omparison (market) approach for valuing nonproducing oil shale mineral in rests is constricted by the requirement of a minimum of five arm's-lengt sales, 39-1-103(8), C.R.S. a 15-DPT-AS PUB ARL VOL 3 1-89 Revised 1-97 Section VI, Page 6.84 When using t e income approach to value nonproducing oil shale mineral interests, t e assessor is required to capitalize the annual rental ofyanytkind are rate notof tutberincludedCintthe Bonus incommeents or capitalizediunder�the3 income approach, 39-1-103(12), C.R.S. Discovery Thr mnst common method of distay., Iny severed mineral interests is a careful review of deeds recorded in the county clerk's office, Minerals are usually severed from tha surface by means of a 'reservation" in a land deed, or by a Separate dnnmwnt called s "mineral 4ced.- iihtaining a tepmplets up.to date listii5y asevered mineral interests requires a ti la search of all conveyances of land from the griginal patent to the prawns ,wnam'. J..J. Listing • Severed mineral interests should be listed on a separate schedule for each parcel of covered mineral inthrea`a. 11,1a will help eliminate do4blo or omitted assessmro,ts as a result of additional separation of property rights. To avoid confusion with surface rights, do not write values of severed mineral interests on parcel identification maps. Determinationlof Net Mineral Acreage Severed mineral Walnut* are germ-ally expressed as an uhdividod fractional interest in a certain amount of acres. To value severed minerals on a per acre basis, the legal description on the mineral deed must be converted to an acreage equivalent. Example: Paul Jones purchased a severed mineral interest. The mineral deed descril the pruperty as a 700/4096 interest In a half"section of land cordtaining 320 acres. How many net mineral acres does Jones own? 768 .1875 or 18.75% 4096 320 acres X .187k 60 net mineral acres. 15-DPT-AS PUB ARL V0L 3 1 .89 Revised 1-97 Section VI, Page4.85 Valuation Procedures For Nopproduring Severed Mineral 1nt.ravtc Nonproducing severed mineral interests, except severed nonproducing oil and gas mineral interests, are to be valued in the same manner as other real property through the appropriate consideration of the cost, market, and income approaches to value. Le S�sm�at1.11.0alarkaltach This approach should give a good indication of the value of severed mineral interests, provided there are sufficient sales. The market approach involves direct comparisons of the property being appraised to similar prnperties that have sold in the same or similar market. Market sales occur more frequently in areas of high interest. The market approach will be most Appropriate in these areas and possibly not applicable at all in the areal of low activity. the ,lcpa to the market approach are provided below: 1. The market approach involves continuous sales gathering Values of severed mineral interests do but remain constant. They fluctuate from time to time because of several factors, including price and demand for the product, discovery of new reserves, amount of estimated reserves, and the likelihood of production: P Confiion sales 2. interesttsalesfshould beice is qualifiedewithvthe buyer, seller, both as to verification of sales price, motivating forces, and other forms of compensation such as stock options and future royalty rights. 3. Determine what minerals are being conveyed in the transaction. Sales involving the rights to any and all minerals should be segregated frum those sales ot only a certain type of mineral right. 4. Check sales for arm's-length criteria. An arm's-length transaction is a transaction arrived at in an open market between unrelated parties under no duress. Sales that do not meet the criteria for an arm's-length transaction should be deleted from analysis. 5. Arrange the sales by area. Do not attempt to assign the came market value to all severed minerals unless sales prices are consistent throughout the county. Use of market data may result in different values for different areas. Adjustment factors should be developed to adjust comparable sales to the subject. 15-OPT-AS PUB ARL VOL 3 1-89 Revised 1.97 Section VI, Page 6.86 Two statutory limitations exist which restrict or eliminate the market approach in valuing certain types of severed mineral interests. In the valuation of nonproductng oil shale mineral interests, 39-1-103(8), C„R.S., requires that a minimum of five (5) arm's-length sales of comparable oil shale mineral interests exist to constitute a market fov the use of thq market h,l�In valuing covered n”nprgduoing oil and gas mineral S•, precludes the use of the market approach. keemginerfach Income attributable to the leased mineral interests must be used to estimate the value of severed mineral interests. For sever d nwiorod....a-_ 911 and qas mid i is The steps to the income approach to value are outline) below. 1. The lessor of a mineral lease is x guired to file an affidavit with the assessor stating the annual net rental payable F/i;h1n Len days of thq execution of it mineral lease. As a check. search leases recorded in the county clerk's office. Most mineral leases will be recorded simply because it is in the best inLerest of the lessee to do so. 2. The terms of the mineral leases should be confirmed with the lessor or lessee in the same manner as the sales are verified in the market approach. Confirm all terms of the lease including annual land rental and future royalty rights. 3. Determine the effective gross income from the lease, Typically, the annual land rental may range from $1 .00 to $5,.00 or more per acre. Thorough research should be done to identify the typical land rental. Bonus money or advanced royalty payments are not to be considered in estimating the future income. 4. Deduct all typical allowable expenses from the lease income. There is little nr no management expense involved In mineral lease income. In most instances, legal fees and property taxes are the only expanses tb the owner of the severed minerals. Property taxes will be considered in the development of the capitalization rate and should not be deducted from effective gross income. 5. Develop the capitalization rate. The effective tax rate (ETA) should be calculated and added to the discount rate for the capitalization rate to be used in the formula. 6. Capitalize the net income into an estimate of value. An example of this procedure is shown below. 15-OPT-AS PUB ARL V0L 3 1-E'9 Revised 1-97 Mill levy (decimal equivalent) x assessment rate (29%) . ETH Discount rate t ETk . rite 14 AAuual Har vatal Cspitaliietibo apitalitation Rate - Actual Value .0451,x .29 - .01305 rounded to .0I3 .11382 + .013 - .1268 rounded to .127 $2,003 .127 - $15.75 per net mineral acre actual value ) Fnr example only. The effective tax rate must be separately calculated 4nd addee to the discount rate t., equal the capitalization rate. Refer to Addendum VI-8 or V1-C for the discount rate to be used. '1 Determined from analysis of severed mineral leases within the county. 3fSbf,Sd paver nwnt 6n n-+ wan..,--1 --•- „ wx.yuis¢u Lig 60 $15.76 $945 Actual value $945 x .29 Statutory assessment rate $274.05 Rounded to $275 assessed value Severed Mineral interests in Prndurtion When natural resource land is valued for assessment solely on the basis of production during the previnus year, an additional separate assessment of the severed m•Ineral i,J ere,ls would constitute notate assessment or the minerals. There should not be a separate assessment of severed mineral interests duriing the years of mineral production. However, if the severance is for a mineral not under production, the severed mineral interest must be assessed separately. y 15-OPT-AS PUB ARL VOL 3 1-89 Revised 1-97 Section VI, Page 6.88 level of Value F( P(onpv94mcjng 3mvered Mineral Interests All nunpruducing severed mineral interests must be valued at the specified year's level of value using the manuals and associated data as supplied by the Division of Property Taxation. Actual value of monproducing lands and mineral interests is to be correlated to the end of the data collection period as specified in the statutes. The appraisal date for these classes of property is June 30 of the year prior to the year of reappraisal . Exact wording of the level of value statutes is contained in 39-1-104 (10.2) through (12.4), C.R.S. Other Nonproducinq Natural Resource Leaseholds and Lands All other propeitiaa nut 'already included under other classifications would fall in this rntennry Prnncrt4nr nndnn thin 1 I .i Section VI, Page 6.88 Level of Value Egy_sinshicints,ve ed 1 r All nonproducing severed mineral interests must be valued at the specified year's level of value using the manuals and associated data as supplied by the Division of Property Taxation. Actual value of nonproducing lands and mineral interests is to be correlated to the end of the data collection period as specified in the statutes. The ;appraisal date for these classes of property is June 30 of the year prior to the year of reappraisal . Exact wording of the level of value statutes is contained in 39-1-104 (10.2) through (12.4), C.R.S. Other Nonproducing ilral Resource nseh,�,at a All other properties not already included under other classifications would fall in this category. Properties under this classification include the following: a. Nines with gross proceeds of $5,000 or less b. Minerals in place where the mineral estate has D94 been severed from the surface estate c. Operations which had no production the previous year but have not been abandoned d. Natural resource operations in the development stage e. Nonproducing possessory interest leaseholds on government lands Statutory References The statutes are generally not specific covering nonproducing coal, earth/stone products, patented mining claims, and other nonproducing mines, leaseholds, and lands. Refer to discussion regarding federal mineral leaseholds. These properties fall under the encompassing classification of 'other real property" and, as is mentioned throughout Articles 1, 6, and 7 of Title 39, should be valued by consideration of the three approaches to value. In valuing these nonproducing, or marginally producing, mineral properties, the burden of proof for the value of the minerals is the assessor's burden. The above is stated several times in the statutes under 39-1-103 and 39-Il- 104, C.R.S., in basically the same language as is found below. 15-DPT-AS PUB ARL V0L 3 1-89 Revised 1-97 . i RULES AND REGULATIONS RULES OF PRACTICE AND PROCEDURE AND OIL AND GAS CONSERVATION ACT (As Amended) Suite 801, 1120 Lincoln Street Denver, Colorado 80203 (303) 894-2100 FAX (303) 894-2109 Allan Heinle, Chair Mike Matheson, Vice-Chair Made Williams, Commissioner Logan MacMillan, Commissioner Claudia Hans, Commissioner Bruce Johnson, Commissioner Caroline Blackwell, Commissioner Richard T. Gdebling, Director Brian J. Macke, Deputy Director Patricia C. Beaver, Technical Secretary land, prior to commencement of operations with heavy equipment. If notices are waived by the surface owner under this rule,the local governmental designee notice under this rule shall be received no later than the business day preceding commencement of operations with heavy equipment. (2) Notice of subsequent well operations, Before an operator shall commence subsequent well operations. such operator shall evidence its intention to conduct such operations by giving the surface owner written notice thereof in accordance with paragraph c. below. Subsequent well operations shall mean those operations that will materially impact surface areas beyond the existing access road or well site for any well, Including operations such as fracturing or recompletion of the well but shall not include routine service anti maintenance operations including but not limited to the changing of pumps. The notice of subsequent operations shell be mailed or hand delivered not less then seven 17) days prior to the date of estimated commencement of operations with heavy equipment as set forth in the notice. (3) Notice during Irrigation season. If a well is to be drilled on irrigated crop lands between March 1 and October 31,the operator,in addition to meeting the consultation requirements of Rule 308., shall contact the surface owner, or at the request of the surface owner, the tenant at least fourteen (14) days prior to the commencement of surface activities by the operator and arrange to coordinate drilling operations to avoid unreasonable interference with irrigation plans and activities. (4) Final reclamation notice. The following notice requirements shall apply only to final reclamation operations commenced more than thirty (30) days after the completion of a well. A. Not lass than thirty (30) days before any final reclamation operations are to take place pursuant to Rule 1004„ the operator shell notify the surface owner in accordance with paragraph c. below. Final reclamation operations shell mean those reclamation operations to be undertaken when a well is to be plugged and abandoned or when production facilities are to be permanently removed. B. Not hiss than seven (7) days before any final reclamation operations are to take place, the operator shah notify the Director. c. Notice requirements. As to notices to be given pursuant to this Rule 305., included with each such notice shall be the following: (1) The estimated date that the operations for which notice is being given are to commence. 12) The name of the operator end the name, address and phone number of the individual representing the operator who can be contacted concerning the proposed operations. 13) The legal description (or pint) indicating the quarter quarter section upon which the operations will be conducted, (4) A. statement that the surface owner has responsibility for notifying any affected tenant of the proposed operations. (5) With respect to the notices of drilling,the notice mailed or hand delivered to the surface owner shall also include a return addressed, postage prepaid postcard upon which surface owners may request their preference with respect to the consultation requirement under Rule 306., Including the preference to appoint a tenant for consultation. If the surface owner appoints a tenant for consultation, that person's \/ name, address, and telephone number must be provided to the operator by the surface owner on the postcard. /, \ d. Identifying surface owner. In determining the identity and address of a surface owner for the purpose of k giving all notices under this Rule 306.,the records of the assessor for the county in which the lands are situated may be relied upon. e. Tenants. With respect to notices given under this Rule 306., it shall be the responsibility at the notified surface owner to give notice of the proposed operation to the tenant farmer, I or other party that may own or have en Interest In any crops or surface improvements that could be affected by such proposed operation. 300-6 675 NONPRODUCING SEVERED MINERAL INTERESTS Severed mineral interests are separate ownerships of minerals in place and do not include surface land. Colorado statutes require the assessment of nonproducing severed mineral interests and provide for their valuation. Statutory References Severed Minerals Severed mineral interests, other than oil and gas interests, must be valued by consideration of the three approaches to value, pursuant to 39-1-104, C.R.S. Lessors of severed minerals are required to file rental information with the county assessor. Taxpayer to furnish information - affidavit on mineral leases. (2) Within ten days after the execution of a mineral lease, a lessor shall file with the assessor an affidavit statingthe annual net rental payable under such lease for the purposes of determining the actual value of such mineral interest where the income approach to appraisal is utilized by the assessor. Such affidavit shall constitute a private document and shall be available on a confidential basis as provided in section 39-5-120. 39-5-115, C.R.S. Any taxpayer who owns land where some or all of the mineral estate has been severed can request that the assessor place the mineral interest on the tax roll, according to the provisions of 39-1-104.5, C.R.S. Proof of ownership and the record of creation of the severed mineral interest must be provided to the county assessor. Additional information regarding the sale and purchase of severed mineral interest tax liens can loe found in 39-11-150. C.R.S. The statutes require sole use of the income approach to value severed nonproducing oil and gas mineral interests, pursuant to 39-7-109, C.R.S. The annual net rental is to be capitalized at an appropriate market rate. The statutory definition of"annual rental" for severed nonproducing oil and gas mineral interests is found under 39-7-109(2), C.R.S. It is virtually identical to the definition of"annual rental" for nonproducing oil shale mineral interests found under 39-1-103(12)fb), C.R.S., cited below. Refer to Minerals in Place. 1( XHIBIT 15-DIVSI0N-AS PUB ARL 3 1-89 Revised 1-98 6.76 Minerals in Place (Mineral Reserves) Colorado statutes define minerals in place as follows: Definitions. (7.9) "Minerals in place" means, without exception, metallic and nonmetallic mineral substances of every kind while in the ground. 39-1-102, C.R.S. The Colorado legislature specifically declares that, in cases where consideration of the three approaches to value fails to indicate an actual value for the mineral in place, the surface ;use of the property will be the determining factor when valuing land. Legislative declaration. ...when appropriate consideration of the three approaches to value fails to derive an actual value for such property, the actual value of such property shall be determined by comparison of the surface use of such property to property with a similar surface use. 39-1-101, C.R.S. This declaration is further reiterated in 39-1-103(5), C.R.S. In valuing real property, minerals in place are not to be considered in determining the actual value of such real property unless the assessor can produce evidence that inclusion of the value of the minerals in place results in uniform, just and equal values, 39-1-103(11), C.R.S. In valuing oil shale mineral interests, limitations regarding the application of both the market and income approaches are specifically set forth in Colorado statutes. The sales comparison (market) approach for valuing nonproducing oil shale mineral interests is constricted by the requirement of a minimum of five arm's length sales. 39-1-103(8), C.R.S. When using the income approach to value nonproducing oil shale mineral interests, the assessor is required to capitalize the annual rental payments at a rate of thirteen percent. Bonus payments or royalty payments of any kind are not to be included in the net income capitalized under the income approach, 39-1-103(12), C.R.S. Severed Mineral Interest Discovery The most commor method of discovering severed mineral interests is a careful review of deeds recorded in the county clerk's office. Minerals are usually severed from the surface by means of a "reservation" in a land deed, or by a separate document called a "mineral deed." 15-DIVISION-AS PUB ARL VOL 3 1-89 Revised 1-98 6.77 Obtaining a complete up-to-date listing of severed mineral interests requires a title search of all conveyances of land from the original patent to the present owner's deed. Severed Mineral Interest Listing Severed mineral interests should be listed on a separate schedule for each interest. This will help eliminate double or omitted assessments as a result of additional separation of property rights, Determination of Net Mineral Acreage Severed mineral interests are generally expressed as an undivided fractional interest in a certain amount of acres. To value severed minerals on a per acre basis, the legal description on the mineral deed must be converted to an acreage equivalent. Example: Paul Jones purchased a severed mineral interest. The mineral deed described the property as a 768/4096 interest in a half-section of land containing 320 acres. How many net mineral acres does Jones own? 768 .1875 or 18.75% 4096 320 acres x .1875 60 net mineral acres. Valuation Procedures For Nonproducing Severed Mineral Interests Nonproducing severed mineral interests, except severed nonproducing oil and gas mineral interests, are to be valued in the same manner as other real property through the appropriate consideration of the cost, market, and income approaches to value. 15-DIVISION-AS PUB ARL 3 1-89 Revised 1-98 6.78 Sales Comparison (Market) Approach This approach should give a good indication of the value of severed mineral interests, provided ,:here are sufficient sales. The market approach involves direct comparisons of the property being appraised to similar properties that have sold in the same or similar market. Market sales occur more frequently in areas of high interest. The market approach will be most appropriate in these areas and possibly not applicable at all in the areas of low activity. The steps to the market approach are provided below: 1. The market approach involves continuous sales gathering. Values of severed mineral interests do not remain constant. They fluctuate from time to time because of several factors, including price and demand for the product, discovery of new reserves, amount of estimated reserves, and the likelihood of production. 2. Confirmation of sales price is imperative. All severed mineral interest sales should be qualified with the buyer, seller, both as to verification of sales price, motivating forces, and other forms of compensation such as stock options and future royalty rights. 3. Determine what minerals are being conveyed in the transaction. Sales involving the rights to any and all minerals should be segregated from those sales of only a certain type of mineral right. 4. Check sales for arm's length criteria. An arm's length transaction is a transaction arrived at in an open market between unrelated parties under no duress. Sales that do not meet the criteria for an arm's length transaction should be deleted from analysis. 5. Arrange the sales by area. Do not attempt to assign the same market value to ail severed minerals unless sales prices are consistent throughout the county. Use of market data may result in different values for different areas. Adjustment factors should be developed to adjust comparable sales to the subject. Two statutory limitations exist which restrict or eliminate the market approach in valuing certain types of severed mineral interests. In the valuation of nonproducing oil shale mineral interests, 39-1-103(8), C.R.S., requires that a minimum of five (5) arm's length sales of comparable oil shale mineral interests exist to constitute a market for the use.of the market approach. In valuing severed nonproducing oil and gas mineral interests, 39-7-109, C.R.S., precludes the use of the market approach. Income Approach Income attributable to the leased mineral interests must be used to estimate the value of severed mineral interests. For severed nonproducing oil and gas mineral interests, this is the only method allowed by statute. The steps to the income approach to value are outlined below. 15-DIVISION-AS PUB ARL VOL 3 1-89 Revised 1-98 6.79 1. The lessor of a mineral lease is required to file an affidavit with the assessor stating the annual net rental payable within ten days of the execution of a mineral lease. As a check, search leases recorded in the county clerks office. Most mineral leases will be recorded simply because it is in the best interest of the lessee to do so. 2. The terms of the mineral leases should be confirmed with the lessor or lessee in the same manner as the sales are verified in the market approach. Confirm all terms of the lease including annual land rental and future royalty rights. 3. Determine the effective gross income from the lease. Typically, the annual land rental may range from $1.00 to $5.00 or more per acre. Thorough research should be done to identify the typical land rental. Bonus money or advanced royalty payments are not to be considered in estimating the future income. 4. Deduct all typical allowable expenses from the lease income. There is little or no management expense involved in mineral lease income. In most instances, legal fees and property taxes are the only expenses to the owner of the severed minerals. Property taxes will be considered in the development of the capitalization rate and should not be deducted from effective gross income. 5. Develop the capitalization rate. The effective tax rate (ETR) should be calculated and added to the discount rate for the capitalization rate to be used in the formula. 6. Capitalize the net income into an estimate of value. An example of this procedure is shown below. Example: Mill levy (decimal equivalent) x assessment rate (29%) = ETR Discount rate + ETR = Capitalization rate Economic Annual Net Rental Capitalization Rate = Actual Value .3451 x .29 = .01305 rounded to .013 .11282 + .013 = .1258 rounded to .126 12_003 126 = $15.87 per net mineral acre actual value 1 For example only. The effective tax rate must be separately calculated and added to the discount rate to equal the capitalization rate. 15-DIVISION-As PUB ARL 3 1-89 Revised 1-98 6.80 2 Refer to Addendum VI-B or VI-C for the discount rate to be used. 3 Determined from analysis of severed mineral leases within the county. If the taxpayer owns 60 net mineral acres, the assessed value is computed as follows: 60 x $15.75 $945 Actual value $945 x .29 Statutory assessment rate $274.05 Rounded to $275 assessed value Severed Mineral Interests In Production When natural resource land is valued for assessment solely on the basis of production during the previous year, an additional separate assessment of the severed mineral interests would constitute double assessment of the minerals. There should not be a separate assessment of severed mineral interests during the years of mineral production. However, if the severance is for a mineral not under production, the severed mineral interest must be assessed separately. LEVEL OF VALUE FOR NONPRODUCING SEVERED MINERALS All nonproducing severed mineral interests must be valued at the specified year's level of value using the manuals and associated data as supplied by the Division of Property Taxation. Actual value of nonproducing lands and mineral interests is to be correlated to the end of the data collection period as specified in the statutes. The appraisal date for these classes of property is June 30 of the year prior to the year of reappraisal. Exact wording of the level of value statutes is contained in 39-1-104 (10.2) through (12.4), C.R.S. OTHER NONPRODUCING NATURAL RESOURCES All other properties not already included under other classifications would fall in this category. Properties under this classification include the following: a. Mines with gross proceeds of $5,000 or less 15-DIVISION-AS PUB ARL VOL 3 1-89 Revised 1-98 Hello