HomeMy WebLinkAbout20222484.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION,
RECX12-0121, FOR REMOVAL OF LOT B - KENNETH MILLER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on January 30, 2013, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX12-0121, and
WHEREAS, the Board has received a request from the current property owner,
Kenneth Miller, 12251 County Road 22.5, Fort Lupton, Colorado 80621, to vacate Lot B of
Recorded Exemption, RECX12-0121, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX12-0121; being
part of the S1/2 of Section 7, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Kenneth Miller, for Partial Vacation of Two -Lot Recorded
Exemption, RECX12-0121, for removal of Lot B, be, and hereby is, approved, subject to the
following condition(s):
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder.
4853809 Pages: 1 of 2
09/07/2022 01:48 PM R Fee:80.00
CarlyKoppel,�Clleerk and Recorder, Wald County , CO
�IlI
��Ii4�I ��'i�l�ht III�i�riliT�hti I% 11 111 CC:PL(TP/Ku/NH), APR_
9/37/2
2022-2484
RECX12-0121
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX12-0121, FOR
REMOVAL OF LOT B — KENNETH MILLER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: ditAilt)Lto�
Weld County Clerk to the Board
ounty Atto ey
Date of signature: cr/V-/%2.
4853809 Pages: 2 of 2
09/07/2022 01:48 PM R F..:$0.00
Carly Koppea, C1.rk and R�oord�r, Wald County , Co
11111
Sco
ames, Chair
eeman, Pro-Tem
2022-2484
RECX12-0121
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Michael Hall, Planner
Subject: Partial Vacation of RECX12-0121
Hearing Date: August 29, 2022
Owners: Kenneth C. Miller
Legal Description: Lot B of Recorded Exemption RECX12-0121; being part of the S2 of Section 7, T2N,
R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 22'/; approximately 0.1 miles west of County
Road 25 '/2
Parcel Number: 130907400009
Total Parcel Size: +1- 37.75 acres Zone District: A (Agricultural)
Summary:
The property owners request to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption
RECX12-0121, recorded April 19, 2013, reception # 3925983. This Recorded Exemption divided a parcel
into an approximately 3.75 -acre Lot A and a 37.75 -acre Lot B. This partial vacation of Lot B would result in
an approximately 37.75 -acre unplatted parcel. Lot A of RECX12-0121 is not affected by this action. No
easements were dedicated on the RECX12-0121 plat and the access to such lots are not affected.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat.
Section 24-11-50.6 of the Weld County Code, allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
Partial Vacation of RECX12-0121
Page 1 of 2
2022-2484
R c)(IZ-01Zj
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following conditions.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Partial Vacation of RECX12-0121
Page 2 of 2
Kenneth C Miller
12251 County Road 22 %:
Fort Lupton, CO 80621
720-837-9595
REQUEST FOR VACATION OF LOT B, RECORDED EXEMPTION NO. 1309-07-0 RECX 12-0121
Weld County Board of County Commissioners
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
I certify that I am the sole owner of the above described property. As I plan for future
circumstances, I will be applying for a Family Farm Division. To accomplish this, I understand
that the above described Lot must be converted to a metes and bounds description.
This lot currently has several open calf/equipment storage sheds. This vacation will not affect
any existing easements.
I thank you for your consideration.
Sincerely,
Kenneth C Miller
Attachments: Application, Deed and Draft exemption vacation plat
VACATION OF LOT B, RECORDED EXEMPTION NO. 1309-07-04 RECX12-0121
PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 2 NORTH,
RANGE 66,WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO LEGAL DESORPTION • PROv10ED
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RECORDED EXEMPTION No. 1309-07-04 RECX 12-0121
BEING LOT B OF THE RECORDED EXEMPTION 1309-7-4-RE519
SITUATE IN THE SOUTH 1/2 OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH P.M.,
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DEPARTMENT OF PLANNING SERVICES ADMINISTRATIVE REVIEW CERTIFICATE:
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RECORDED EXEMPTION No. 1309-07-04 RECX12-0121
BEING LOT B OF THE RECORDED EXEMPTION 1309-7-4-RE519
SITUATE IN THE SOUTH 1/2 OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH P.M.,
COUNTY OF WELD, STATE OF COLORADO
CO!/NTY ROAD 22.5
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov.com.
DATE: August 29, 2022
TIME: 9:00 a.m.
APPLICANT:
Kenneth Miller
12251 County Road 22.5
Fort Lupton, Colorado 80621
REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX12-0121, for Removal of
Lot B
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX12-0121; being part of the S1/2 of
Section 7, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 22.5; approximately 0.1 miles west of
County Road 25.5 (See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 17, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX12-O121
Owner
HOLLY VONASEK
KENNETH MILLER
Address
10501 COUNTY ROAD 25.5
12251 COUNTY ROAD 22.5
City State Zip
FORT LUPTON CO 80621-9623
FORT LUPTON CO 80621-9638
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RECX12-0121, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 17th day of August, 2022.
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Janet M. Warwick
Deputy Clerk to the Board
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CERTIFIED MAIL° RECEIPT
Domestic Mai! Only .
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For delivery information, visit our'website at www..usps.com°.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery
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Postage
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SENDER: COMPLETE THIS SECTION
■ Complete items 1 9 29 and 30
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece2
or on the front if space permits.
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❑ Signature Confirmation
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Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
11:22:23 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
Date
Property Owners Within 500 Feet of Parcel # 130907400009
Account
Parcel
Owner
Mailing
Address
R5162786
130907000003
MILLER
FARM
LLC
12251
FORT
COUNTY
LUPTON,
ROADD
CO 806219638
22
1/2
FAMILY
R5163386
130907000004
PURIFOY
RI
FOY
ROLAND
D
D
PO
FORT
BOX
165
LUPTON,
CO 806210165
R5163486
130907000006
MILLER
KENNETH
C
12251
FORT
COUNTY
LUPTON,
ROAD
CO 806219638
22
1/2
R5163586
130907000007
HERMAN
DEBRA
10225
FORT
COUNTY
LUPTON,
ROAD
CO 806219623
25
1/2
R5163886
130907000009
SALAMANCA
MARGARET
A
10254
FORT
COUNTY
LUPTON,
ROAD
CO 806219624
25
1/2
R5165186
130907000031
HARRIS
LAURIE
D
R5165186
130907000031
HARRIS
EARL
C JR
10447
FORT
COUNTY
LUPTON,
ROAD
CO 806219623
25
1/2
R4721707
130907100005
PATRICIA
10508
FORT
COUNTY
LUPTON,
ROAD
CO 806219639
22
1/2
TREVINO
R6783625
130907400008
Lii+
,Ar
VONASEK
HOLLY
10501
FORT
COUNTY
LUPTON,
ROAD
CO 806219623
25
1/2
Parcels: 10
Owner Records: 12
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
11:22:23 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 130907400009
CL&
Signature
e.) 27
Date
Account
Parcel
Owner
Mailing
Address
R6783626
130907400009
,e+ B
MILLER
KENNETH
C
12251
FORT
COUNTY
LUPTON,
ROAD
CO 806219638
22
1/2
R2547903
130907400033
PATRICIA
S
TROYER
R2547903
130907400033
TROYER
HARLEY
D
10910
FORT
COUNTY
LUPTON,
ROAD
CO 806219647
28
Parcels: 10
Owner Records: 12 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
11:22:23 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500
•
•
Parcels: 10
Feet
of Parcel # 130907400009
Owner Records: 12
HIC)17-Z Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 't,3 -R,2)1 .,
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Vacation of Lot B, Recorded Exemp # 1309-07-04 RECX 12-0121 S T 2N R 66W
El Complete Vacation (must include all lots)OPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
e
130907400009
37.2 gross
None
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Kenneth C Miller
Company:
Phone #: 720-837-9595
Email: kcmione@aol.com
Street Address: 12251 County Road 22 1/2
City/State/Zip Code: Fort Lupton, CO 80621
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: N/A
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
tg4mA-;'i41 C r
Signature: Owner or Authorized Agent Date Signature: Owner or Authoriz_; Agent
Kenneth C Miller
Print: Owner or Authorized Agent Print Owner or Authorized Agent
7
20Z
to
7/20/2021
3927889 04/29/2013 08:41 AM
Total Pages: 1 Rec Fee: $11.00 Doc Fee: $14.86
Steve Moreno - Clerk and Recorder, Weld County, CO
WARRANTY DEED
THIS DEED, Made this 26th day of April, 2013 between
The Rocky Mountain Investment Group, LLC, a Colorado limited liability company
of the County of Weld, State of Colorado, grantor and
Kenneth C. Miller
whose legal address is: 12 Z 5 I W'G a. r 3 L1.3 p4a 1> e U s'el rZ
of the County of Weld, State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of One Hundred Forty -Eight Thousand Six Hundred
Dollars and No/100's ($148,600.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns
forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, and State of
COLORADO, described as follows:
Lot B of Recorded Exemption No. 1309-07-04, RECX12-0121, according to plat recorded April 19, 2013 at
Reception No. 3925983, being a portion of the South % of Section 7, Township 2 North, Range 66 West of the
Sixth P.M.,
County of Weld, State of Colorado.
Doc Fee
S 14.86
also known by street and number as Lot B , Fort Lupton, CO 80621
TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of,' in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain
and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is
well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien
but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section 8.1 "Title Review", of the contract dated April 19, 2013, between the
parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
STATE OF COLORADO }ss:
COUNTY OF Larimer
The foregoing instrument was acknowledged before me this 26th day of April, 2013 by Zach Chicoine. as Manager of The
Rocky Mountain Investment Group, LLC
Notary Public
Witness my hand and official seal.
My Commission expires:q. (4
O
WDPHOTO
Warranty Deed (For Photographic Record) updated I/2006
File No. F0449127
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Legal Description:
Parcel ID #:
Lot A Size:
The Rocky Mountain
Investment Group, LLC
c/o Zach Chicoine
RECX12-0121
Planner: D. Aungst
Lot B of Recorded Exemption RE -519 being part of the N2SE4 of Section 7,
T2N, R66W of the 6th P.M., Weld County, CO
1309-07-0-00-030
+/- 5 acres
Water Source:
Lot A: Well #124133-A
Lot B: Proposed Well
Lot B Size:
+ 35 acres
Sewer System:
Lot A: Septic #SE -1000024,
ISDS-1000018, and
G19840209
Lot B: Proposed Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code
and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Narrative
RECX1 2-01 21
Page 1 of 6
The applicant is proposing to split a 40 acre parcel into 2 Lots. Lot A is proposed to be 5
acres in size and Lot B is proposed to be 35 acres in size. Currently there is a dwelling unit
on the proposed Lot A (10501 CR 25.5). The use for Lot A is proposed to be residential with
a well for water and a septic system. The use for Lot B is proposed to be kept agricultural
and if a residence is built it will have a well for water and a septic system.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative
review that the standards of Section 24-8-40 of the Weld County Code have been met. This
Recorded Exemption is approved with the following conditions in accordance with information
submitted in the application and the policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Topographic or physical features of the proposed Lot B, such as ravines, ditches, streams etc.
may limit the area available for a new or replacement septic system. Prior to recording the plat the
Weld County Department of Public Health and Environment recommends that the applicant review
the Weld County Code pertaining to septic systems to assure that any installed septic system will
comply with all setback requirements found in the Code. In the event the proposed lot is not of
sufficient size to allow the installation of a septic system the lot may need to be enlarged.
3. Prior to recording the plat:
A. Since the existing stick built house was previously converted to a storage unit due to the
presence of a second dwelling unit, a modular home, which has since been removed, an
updated letter shall be submitted to staff indicating the stick built home is once again the
Principal Dwelling Unit.
B. A complete Weld County Road Access Permit Application Form is required for all new roads,
driveways or other means of providing ingress or egress to lands adjoining County rights -of -
way. The applicant shall submit an Access Permit Application Form showing all existing and
proposed # of accesses. The form is located at:
http://www.co.weld.co. us/Departments/PublicVVorkS/Permits/Applications.html
C. The applicant shall provide written documentation indicating how water and sewer is provided
to the shop/office.
D. The applicant shall submit a letter requesting to withdraw the existing Use by Special Review
USR-1757 for a construction business or the applicant shall complete all the conditions of
approval for the USR and submit a USR map for recording.
E. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1309-07-04 RECX12-0121.
RECX12-0121
Page 2 of 6
B. County Roads 22.5 and 25.5 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing rights -of -way and the documents creating the rights -of -way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future rights -of -way. If the rights -of -way cannot be verified, it shall be dedicated. These
roads are maintained by Weld County.
C. The Platte Valley Canal right-of-way or easement as applicable.
D. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be
indicated in accordance with Section 23-3-50.E of the Weld County Code.
E. Show the approved access on the plat and label it with the approved access permit number
(AP#).
F. Show the floodplain boundaries on the plat. Please label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number.
G. Pursuant to Planning Policy Number 2010-07, the applicant shall submit a proposed building
envelope for the lots to the Department of Planning Services for review. If any portion of the
building envelope on the lots are within the FEMA designated SFHA, a flood hazard
development permit (FHDP) shall be submitted showing the building envelope to be located
outside of the floodway for and establishing a base flood elevation for the building envelope.
The FHDP application shall be prepared utilizing accepted FEMA guidelines and
methodologies. The FHDP application shall be stamped, signed, and dated by a registered
professional engineer licensed to practice in the State of Colorado. Upon approval by the
Department of Planning Services, the building envelope shall be delineated on the plat.
Additional building envelopes shall be labeled alternative building envelope. All building
envelopes shall take into consideration impacts to productive farm ground as well as the
location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses,
preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as
required by Section 23-3-50 of the Weld County Code.
5. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
"No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned
oil and gas well. Any construction within a two -hundred -foot radius of any tank battery
or one -hundred -fifty -foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
RECX12-0121
Page 3 of 6
5) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Platteville - Gilcrest Fire Protection District to the Weld County Building
Department.
6) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
7) All structures requiring building permits shall be located within the designated building
envelope.
8) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lot B may not be
able to obtain building permits to construct structures. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #080266-0866C dated September
28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter
23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations
and requirements as described in 44 CFR parts 59, 60, and 65.
9) Flood hazard development permits will be required for development activities located
within the FEMA mapped floodplain. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials.
10) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
11) Prior to the release of building permits the Lot owner shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary sewer
line. In accordance with the Weld County Code, if a sewer line exists within four
hundred (400) feet of the property line and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
12) The installation of any septic system within the 100 -year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway. Contact
Weld County Public Works to verify flood plain vs. floodway.
13) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter.
14) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the
building or water for watering or washing of livestock or poultry.
15) Effective April 25, 2011, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2011-2)
RECX12-0121
Page 4 of 6
16) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required
to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
RECX12-0121
Page 5 of 6
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit three (3) paper copies or one electronic copy (.pdf) of
the plat for preliminary approval to the Department of Planning Services. Upon approval of the
paper copies, the applicant shall submit a Mylar plat along with all other documentation required
as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The Mylar plat and additional requirements
shall be recorded within sixty (60) days from the date the administrative review was signed. The
applicant shall be responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerter@co.weld.co.us.
9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the applicant.
By:
Diana Aungst - PI ner I
RECX12-0121
Page 6 of 6
Date: January 30, 2013
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