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Home My WebLink About20182952.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR, RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD 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, pursuant to Sections 2-4-10 and 12-5-100 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Department of Public Works to deny an Access Permit for Recorded Exemption, RECX18-0075 submitted by the appellant, Erica Arnold, and WHEREAS, the Board heard testimony and took evidence from Department of Public Works staff and Tim Naylor, AGPROfessionals, LLC, on behalf of Erica Arnold, and WHEREAS, following discussion, the appellant of Erica Arnold, requested to withdraw said appeal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request to withdraw the appeal of Erica Arnold, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: davfe4) Weld County Clerk to the Board BY: D Q561)\O_,Q,0_, APP Clerk to the Board ounty orney Date of signature: ICI 1(41 StevAoreno, Cj er, Pro'Tem Mike Freeman cc: Ft'JCOQtaR), a -E L 10-11-1 S 2018-2952 EG0075 MEMORANDUM TO: Board of County Commissioners DATE: September 17, 2018 FROM: Dawn Anderson, Public Works SUBJECT: Appeal of Access Permit Denial for Erica Arnold Weld County Public Works received an access permit application from AGPROfessionals on behalf of Erica Arnold on August, 2018. The permit application requested two residential access points on WCR 388 as part of a two -lot recorded exemption (RE), RECX18-0075, approved by BOCC Resolution. Weld County Planning staff had initially recommended denial of the RE based on non-compliance with Section 24-8-40.P of the Weld County Code. Because staff denied the RE the project was presented to the Board of County Commissioners (BOCC) for consideration on August 6, 2018. Ultimately, the BOCC approved the RE with a condition that the two properties share an access point. As shown in Exhibit A, Resolution Condition 2.B as determined by the BOCC states: A 30 -foot wide joint access and utility easement extending across Lots A and B from County Road 388, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide al/ - weather access. This language is consistent with other sections of the Weld County Code as follows: 12-5-30.A, Access to a Single Parcel. Each parcel shall be allowed one access point for safe ingress and egress, which may be an existing or new shared access. Each parcel shall be limited to this single access, except as modified by the Board of County Commissioners; as a result of zoning requirements; consideration in land use applications; safety considerations; subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. 24-8-40.C, Exemption Standards. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new Access Permit from the Colorado Department of Transportation. 2. Contiguous lots created through the exemption process shall, when practicable, share access. 3. Existing or future public rights -of -way and additional access points on County raods shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. 4. A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. Public Works staff denied this request based on the original resolution and determination of the BOCC for a shared access point for both lots of the RE. At the August 6th board hearing, the County Commissioners asked the owner if she understood and could agree to a shared access point and she agreed. The BOCC did not require a specific location as long as there was one safe access point that would be shared for both lots. Public Works and Planning Staff recommends staying with the decision of the original resolution for a shared access with easement as shown on the current plat submittal. The applicant completed the conditions of approval and plat map and submitted it for recording on September 11, 2018. The approved plat map shows one shared access point on Lot B and a shared access easement across Lot B to Lot A, see Exhibit B. The existing access point on Lot A is labeled as an access to be closed and reclaimed. WCR 388 is a collector road with 80' of right-of-way as identified on the County's functional classification map. The ADT is 512 with 27% of the vehicles per day being trucks. I'm available to answer any questions you may have. aotg- a9Sa EGoo1 5 RECORDED EXEMPTION NO. 0963-09-4 RECX18-0075 BEING A PART OF THE SE 1/4 OF SECTION 9, TOWNSHIP 5 NORTH, RANGE 64 WEST, OF THE 8TH P.M., WELD COUNTY, COLORADO EXHIBIT B LEGEND - 2ra. a[nwx coxx[x p(34 . rraoR sn w[-awn[a Cana u •�'�a mau pamr wow VICINITY MAP 1' w 2000' SECTION 9, TOWNSHIP 5 NORTH RANGE 64 WEST, 6TH P.M. M w.w mw..wa:..rx�w..,.r w_R„ 9 ...`a ®ww .m.aU,aV..:=IL`D.174-.w,.w ne cncew o sw a ,wx ,w. oeurw w w.. 2..s w x,"° . m r,. =w"...wnn a uw. are•w w.mw... env awm Mmocam�a ww,w. mv�w ar— • •-s u siw„ ex rws sw.vv. �,u mx .0 Pw[�Ax maws/ .x[o x[aox 2. ALL D.S.IAXCF LIEMDDLIENTS SIN. ME Di U.S. svwx, FOOT. dmwea 'SIG =I =5 wn.n mnm.mm AG r,K=1,suwaa i9uo°s= rrzm=.avewm.w ees r ""r"'" -w -m w.ww ww m.w.u. wn wmww�w wm[�rup �. u�� ww rzaw,[.e,a 2./1..wsa -T..s wen .v.o m,onww, w-wwum[rw iaa`wam m m wmnoe wn wrn wanerz _ :amn°°m ,.nn. rzs xo ovxw .n++m.m� v.ewmn<mawsww DESOINDOV CLIENT: AGPROFESSIONALS 3050 67TH AVE. SUITE 200 GREELEY, CO 80634 HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE. SUITE 200 GREELEY, CO 60634 PH: 970-535-9316 RECORDED EXEMPTION SECTION 9, TOWNSHIP 5 NORTH, RANGE 84 WEST, 8TH P.H. IJOO#1122-01 DATE: 7/23/18 Access Appeal 2 Lot RECXI8-0075 Applicant: Arnold, Erica do AGPROfessionals, LLC 3050 67th Ave Greeley, CO 80634 AGPROfessionals DEVELOPERS OE AGRICULIURE • Request • Approval of two (2) existing accesses on WCR 388 • Amendment to Resolution for RECXI8-0075: • 2.B. A 30 -foot wide joint access and utility easement extending across Lots A & B from County Road 388, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. • 2.C. Show and label the preliminarily approved access points and the usage types. • 3.13. Prior to the release of building permits, the applicant shall be required to submit a complete access application fora "preliminarily approved" access location as shown on this plat. AGPROfessionals UEA ELOPERS OF AGRICULTURE Site Location Lot B RECX 18-0075 WCR 388 a+�'7� Lot A RECX18-0075 • AGPROfessionals DEVELOPERS OF AGRICULTURE ose• and Reclaimed Access r Floodpiain Boundary Existing Access Points Existing Residential Access Lot B RECX18- 0075 Lot A RECX18- 0075 AGPROfessionals DEVELOPERS OF AGRICULTURE pyrcni•ocia•ArSiw.sma‘erWikwESS'S a'att$12I fleetve Access Appeal 2 Lot RECXI8-0075 Applicant: Arnold, Erica do AGPROfessionals, LLC 3J50 57t" Ave Greeley, CO 80634 AGPROfessionals DEVELOPERS OF AGRICULTURE AGPROfessionals T)i.\ 1-1,()i)1•.i(s c)I• .\c,RI(J►i ( 1:1(1• August 20, 2018 Mr. Evan Pinkham Development Review Planner Weld County Public Works 1111 H Street Greeley, Colorado 80631 RE: Access Hardship Letter RECX 18-0075 Erica Arnold AGPRO Project # 1122-01 Dear Mr. Pinkham: AGPROfessionals, on behalf of Erica Arnold, is requesting an appeal regarding the June 19, 2018 Public Works referral letter for 2 -Lot Recorded Exemption RECX18-0075. The referral letter states: "The proposed use of an existing access point on the southeastern corner of the property for proposed Lot A does meet the spacing criteria. However, it does not meet the code requirements for a shared access for a recorded exemption; access for Lot A and B shall be a shared access." The referral letter is enclosed. As it is not safe or practicable to provide a shared access for Lots A and B, AGPROfessionals and Erica Arnold request that the two existing access points be allowed to remain. The existing access currently providing ingress and egress for the existing residence is located on Weld County Road (WCR) 388 approximately 4,040 -feet east of WCR 53. The existing agricultural access which will provide ingress and egress for Lot A is located on WCR 388 approximately 4,640 -feet east of WCR 53, see enclosed property map. The access points are approximately 600 -feet apart and therefore meet the following spacing criteria of the Weld County Code: Appendix 12-A, Table 12A-2. Lists the minimum spacing requirement between access and intersections on a Collector Road as 330 feet. Additionally, the existing agricultural access is directly aligned with an established access point across WCR 388. The proposal also does not result in a net increase in access points in the County as the two accesses are existing. There are significant safety concerns over using the existing residential access to provide legal access to both parcels. The existing residential drive is located directly between the residence and a utility building. Children playing on their own property will be endangered by the additional traffic directed off the public roadway and through private property. Additionally, ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67t) Avenue, Suite 200 O Greeley, CO 80634 970.535.9318 / office O 970.535.9854 / fax O www.agpros.com 2018-2952 Page 2 of 2 property owners will lose the ability to control who can enter and cross their property. It is considerably safer to allow this access point to continue to be used for private and personal use. Additionally, there is a minimal amount of feasible space to construct an internal frontage road. The majority of the property is located in a floodplain. The approximately 100 -feet to 200 -feet of the property located outside of the floodplain lies along the edge of WCR 388. The road would need to be constructed either through the existing agricultural pens, reducing them in size significantly, or directly south of them. Any road south of the agricultural pens would have a greater chance of having erosion control issues. A frontage road would significantly reduce the amount of buildable space available in both lots causing undue hardship on the property owners. The cost to construct a frontage road and to re- build the agricultural pens would cause an undue financial burden on the property owners. Shared access is also not in the best interest for private property owners or the County due to safety concerns, specifically for young children. A shared access is an unnecessary requirement when there are two existing access points that meet the code criteria for safe ingress and egress. The June 19, 2018 Public Works Referral Letter also stated: "There appears to be two access points for Lot B. They do not meet the spacing criteria for a Collector roadway and one of them shall be closed and reclaimed to come into compliance." The access point located directly west of the residence has been closed, reclaimed and brought into compliance; a photograph is included with this request. During the August 6, 2018 Board of County Commissioners Hearing for RECX 18-0075, the closure of this access point was noted, and the Board commented that the closure should factor into the consideration of approval of the two existing access points. AGPROfessionals has demonstrated compliance with the county code and shown hardship regarding the requirement for Lots A and B to share one access point. We respectfully request an Access Permit be approved for RECX 18-0075 for the two existing access points as discussed above. While no longer required as part of a Recorded Exemption application, an Access Permit application is included with the request per current Public Works policy. AGPROfessionals will be representing Erica Arnold. Please remit responses to AGPROfessionals. If you have any questions, please contact me at (970) 535-9318. Sincerely, It* Kelsey Bruxvoort Land Planner Enclosures 1. Exhibit A — June 19, 2018 Public Works Referral for RECX 18-0075 2. Exhibit B — Property Map 3. Exhibit C — Closed and Reclaimed Access Photograph 4. Exhibit D — Access Permit Application AGPROfessionals DEVELOPERS OF AGRICULTURE EXHIBIT A ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67`h Avenue ■ Greeley, CO 80634 970.535.93 18 /office • 970.535.9854 / fax • www.agpros.com MEMORANDUM TO Michael Hall, Planning Services DATE June 19, 2018 FROM Hayley Balzano, Public Works SUBJECT RECX18-0075 Arnold The Weld County Department of Public Works has reviewed this proposal Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process COMMENTS Parcel(s) 096309400095 The project proposes to Two lot Recorded Exemption ROADS AND RIGHT-OF-WAY County Road 388 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road If the right-of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line Be aware that physical roadways may not be centered in the right-of-way This road is maintained by Weld County County Road 58 is a section line Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way" The existence of a physical road does not imply public right-of-way and the road may be located on private property All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line Be aware the physical roadway(s) may not be centered in the right-of-way This road is NOT maintained by Weld County Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way ACCESS An Access Permit application was not submitted with the application materials Public Works has reviewed the submitted materials and provides a recommendation for access locations based on County code and safety criteria in accordance with the Weld County Engineering and Construction Criteria The proposed use of an existing access point on the southeastern corner of the property for proposed Lot A does meet the spacing criteria However, it does not meet the code requirements for a shared access for a recorded exemption, access for Lot A and Lot B shall be a shared access There appears to be two access points for Lot B They do not meet the spacing criteria for a Collector roadway and one of them shall be closed and reclaimed to come into compliance Questions concerning access requirements can be directed to Public Works access permit division Per Chapter 12, Article V, Section 12-5-30.B: An Access Permit is required. For new accesses and/or change of use of an existing access, the fee and photos are required (Access permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/.) Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can be found at https://www.weldgpz.com/UserFiles/Servers/Server 6/File/Departments/Public°/020Works/Engineering/W CECC%20Manual.pdf). Existing access points with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. For shared accesses (Weld County Code Appendix 12A.3.5), Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. Per Chapter 12, Article V, Section 12-5-30.F, when feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 388 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. County Road 58 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. (Department of Public Works) 3. Show and label the preliminarily approved access point(s) and the usage types as described in the Public Works referral memo. (Department of Public Works) 4. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on the plat. (Department of Public Works) 5. Show and label the section line Right -of -Way as "CR 58 Section Line Right-of-way, not County maintained" (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3 All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements (Department of Public Works) 4 Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Department of Public Works) 5 Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat (Department of Public Works) 6 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Department of Public Works) 7 The historical flow patterns and runoff amounts will be maintained on the site (Department of Public Works) AGPROfessionals DEVELOPERS OE Ac1RICLLI LRE EXHIBIT B ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Greeley, CO 80634 970.535.9318 /office • 970.535.9854 / fax ■ www.agpros.com !MT WILD COUNTY siesta LINE MAPPING Property Map - Access Erica Arnold - 2 -Lot Recorded Exemption RECX18-0075 222.4 0 1 ' , 0 222 4 Feet ot B RECX18-0075 LotA RECX 18-0075 WGS_1984 Web_Mercator_Auxiliary_Sphere © Weld County Colorado Hs map is a Jser generated static output from an ,nternet mapping site and is 'or ','ence only Data 'avers that appear or this map may or may not oe accurate. :..r.e-7 jr otherwise rep ,;_ . THIS MAP IS NOT TO BE USED FOR NAVIGAT'ON Cheyenne Fort Cult'na Boulder 2 Denver • Legend Parcels Highway County Boundary Access: Existing residential access located on WCR 388 4,040' +/- east of WCR 53. 2. Existing agricultural access located on WCR 388 4,640' +/- east of WCR 53. Request to permit for residential use as well as the current agricultural use. Notes = Existing Access AGPROfessionals DEVELOPERS O1. Au RICU L. L [_ RE EXHIBIT C ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Greeley, CO 80634 970.535.9318 /office • 970.535.9854 / fax • www.agpros.com AG PROfessionals LL a { Closed and Reclaimed Access Photo Erica Arnold, RECX18-0075 Existing CLOSED AND RECLAIMED access: Along WCR 388 approximately 3,970 -feet east of WCR 53. View to the South ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67r" Avenue • Greeley, CO 80634 970.535.9318 / office • 970.535.9854 / fax • www.agpros.com AGPROfesssonals DEVELOPER:, (A AGRluLLI Ulcf. EXHIBIT D ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Greeley, CO 80634 970.535.9318 /office • 970.535.9854 / fax • www.agpros.com Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Property Owner Name Arnold, Erica Company Address 26746 CR 388 City Kersey State CO Zip 80644 Phone Fax (972) 369-6509 E-mail Parcel Location The access is on WCR 388 Nearest Intersection: WCR 388 & WCR 53 Dist. from Intersection (approx. in ft.) varies Parcel Number(s) 096309400095 Section/Township/Range Section 9, T 5N, R 64W Total # of Existing Accesses to parcel 2 Proposed Use Ii Temporary (Tracking Pad Required) (# ti Small Commercial (#) n Field (Agriculture Only) (#) ACCESS PERMIT APPLICATION FORM Authorized Agent/Applicant (if different from Owner) Name Kelsey Bruxvoort Company AGPROfessionals Address 3050 67th Ave City Greeley State CO Zip 80634 Phone (970) 535-9318 Fax E-mail kbruxvoort@agpros.com Existing County Road Surface Information Asphalt X Gravel Treated Other Proposed Access Information Culvert Size & Type (15" CMP/RCP min.) n/a Materials used to construct access n/a Access Construction Start Date n/a Access Construction Finish Date x Single Residential (#) a Large Commercial D#) Li Subdivision (#) n/a 7. Oil & Gas (#) Industrial (#) Is this access associated with a Planning or Building Department Process? USR/MUSR x RECX/SUBX Li PUD WOGLA 7, COMPLEX (IA required) Other Planning/Building Department case # RECX18-0075 Required Attached Documents - Traffic Control Plan (a generic plan can be found at https:/1www.weldgov.com/departments/public works/permits/) During the review process it may be determined that a right-of-way use permit will be required as well. - Certificate of Insurance (with "Weld County, Colorado" listed as the certificate holder & as an additional insured) - Access Pictures (from the left, right, into & out of the access — N, S, E, & W) - Access Authorization Form (Not required if the application is signed by the landowner.) Fee schedule (to be determined by permitting agency) - $75 each access point: Temporary, Small Commercial, Oil & Gas, Single Family Residential - $150 each access point: Industrial, Large Commercial, Subdivisions - Field (Agriculture only): no cost Parcel Sketch (or provide an aerial on an add'I sheet) A = Existing Access A= Proposed Access WCR (vo T N WEB (5et evIchia kcycleM rapy> Description of Work or Reason for Permit Access permit application accompanying a harship letter for RECX18-0075. The June 19, 2018 Public Works referral for RECX18-0075 stated that the existing access points must be consolidated to provide shared access to Lots A & B RECX18-0075. The property owner is requesting approval of both existing access points to provide safe access to both lots. An existing access that did not meet spacing criteria has been closed and reclaimed. By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all pages of the permit application; they have read and understand all the permit requirements and provisions set forth on all pages. By virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding access construction. INAAW-CRekSiOCSignature V Printed NameI4St\\n'cTK\I0rn4 Date 5120 It Signature Printed Name Date (In case of multiple Property Owners/Authorized Agents) • Access Permits are good for 1 year from the date of issuance. Property Owner/Authorized Agent must obtain a new permit or request an extension if the construction of the access point is not completed in that timeframe. • Extensions are subject to approval by Public Works • County regulations on road access can be found in Article V of Chapter 12 of the Weld County Code. 177 WELD COUNTY Y4 ONIINF MAPPING Access Permit Application for RECX18-0075 8894 444 71 889 4 Feet WGS_ 1984_ Web_Mercator_Auxiliary_Sphere Weld County Colorado nis map .S 3 .4ser je' e' i ed static pu:oui "r3M 3r' nternet napping ,ite 3ro S "O1 'eference only Data avers that aooear on •h.5 —ao fray or may not oe accurate current or othe".:rse re!'acle THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels Highway j County Boundary Access: 1. Existing residential access located on WCR 388 4,040' +/- east of WCR 53. 2. Existing agricultural access located on WCR 388 4,640' +/- east of WCR 53. Request to permit for residential use as well as the current agricultural use. Notes = Existing Access ■ AGPROfessionals DEVELOPERS OF AGRICULTURE Access Permit Photos 2 -Lot Recorded Exemption RECX18-0075 Prepared For: Erica Arnold Property Location: PT SE4, Section 9, T 5N, R 64W Access Locations: Weld County Road (WCR) 388 Existing access: Along WCR 388 approximately 4,040 -feet east of WCR 53. View to the South V • • • ,.;1t. , ,4. •,. y •,. t 's'•i:r ..t. .•. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Greeley, CO 80634 970.535.9318 / office • 970.535.9854 / fax • www.agpros.com Page 2of5 View to the West View to the East Page 3 of 5 Existing access: Along WCR 388 approximately 4,640 -feet east of WCR 53. View to the South Page 4 of 5 View to the West View to the East Page 5 of 5 Existing CLOSED AND RECLAIMED access: Along WCR 388 approximately 3,970 -feet east of WCR 53. (Photo included for informational purposes) View to the South • Ai;pRofessionals 1)t'\ EI (1I' tiff ( )j A( tt1(.t't I August 20, 2018 To Whom It May Concern: Erica Arnold is contracted with AGPROfessionals to process work related to a Weld County Recorded Exemption. AGPROfessionals is authorized to represent and request the release of all records necessary on the behalf of Erica Arnold. We respectfully request that all correspondence be directed to AGPROfessionals. Sincerely, ait Erica `'cold Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67'h Avenue, Suite 200 O Greeley, CO 80634 970.535.9318 / office O 970.535.9854 / fax O This rnaa if a ,:ser created static ; rput `rrm an Irearret —apprcg s arc Is 43r referent* orly Data layers that appear d -is —ap ^^any or Tay nct ee accurate.. rurrPnt. rY Url•rr wise rS ia:re THIS MAP IS NOT TO SE USED FCR NAV1GATON PLANNING: S '' 1) CONSIDER RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD: Michael Hall, Department of Planning Services, presented the request for a two (2) lot Recorded Exemption on Lot B. He presented a slide presentation and photos displaying the location of the parcel. He pointed out it is located in the 100 -year floodplain and the Platte River flows through the southern portion of the parcel. He explained the Town of Kersey has requested the applicant reserve a corridor for a future nature trail. He stated Lot B contains a residence and several outbuildings and Lot A is vacant. In response to Commissioner Conway, Mr. Hall stated Lot A will be in the floodplain and floodway according to the new FEMA mapping.PErica Arnold,applicant, stated Lots A and B are in the 100 -year flood boundary so pp Y it isn't practical to expand. She explained Lot A has been used for recreational and business storage and, since this lot is being labeled as a floodpath it will be hard to insure the property. In response to Ms. Arnold, Commissioner Kirkmeyer stated the mapping revision project is not done by the County; it is a FEMA project. Ms. Arnold stated she would like to sell Lot A to purchase another lot that will be out of the flood path, to move her business storage. In response to Commissioner Conway, Mr. Hall stated a standard building permit could be obtained if built out of the floodplain, and if there is building to occur in the floodway the applicant would need to obtain a Flood Hazard Development permit. He stated once the lot is designated as a floodway the applicant would have to obtain a Letter of Mapping Revision (LOMR) from FEMA. Commissioner Kirkmeyer stated if the County were to allow building to occur in a floodplain or floodway it would hamper the ability of anyone in the County to obtain insurance. Mr. Barker stated the floodway or floodplain isn t criteria of the determination of a Recorded Exemption. In response to Commissioner Cozad, Mr. Hall stated it is impractical to have a PUD or minor subdivision. She stated there is engineering that can be done to elevate the site out of the floodplain. He displayed a photo of the accesses and stated the Department of Public Works requires a shared access. In response to Commissioner Cozad, Evan Pinkham, Department of Public Works, stated the ADT is 640 vehicles per day, with 27% trucks. Commissioner Conway stated the extenuating circumstances for this request is a PUD or a minor subdivision are not an option. Commissioner Freeman stated the Department of Planning Services is denying the Recorded Exemption because it doesn't meet the 35 -acre minimum requirement, but he supports the Recorded Exemption overall. Commissioner Cozad stated the appellant is limited to the options of the property. She stated any future owner of the property understands they are located in the floodplain and there needs to be a shared access because of the traffic on CR 388. Mr. Pinkham stated there could be an easement on Lot A, for the access to Lot B. Commissioner Kirkmeyer stated in a recreational lot and not residential. V- Commissioner Cozad stated she will approve the proposing pp Recorded Exemption with a shared access. In response to Mr. Pinkham, Commissioner Cozad stated the current access will be the approved access point. Mr. Barker explained the Board does not have to make the determination of the shared access point. Commissioner Cozad suggested removing COA #1. A, and allowing the applicant to work with the Town of Kersey on the trail. Commissioner Conway moved to approve said Recorded Exemption, which was seconded by Commissioner Freeman. Commissioner Kirkmeyer stated she supports the Recorded Exemption but does not believe there are extenuating circumstances; however, the Lot isn't a buildable lot. Commissioner Cozad stated the extenuating circumstances are the applicant has limited options for the lot, but it is a buildable lot because it isn't in the floodplain as shown on the map. Commissioner Conway acknowledged Ms. Arnold voluntarily closed an access point and recognized the safety issue it presented. There being no further discussion, the motion carried unanimously. 2) FIRST READING OF WELD COUNTY CODE ORDINANCE #2018-03, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 2 CHAPTER ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), OF THE WELD COUNTY CODE: Tom Parko, Director of the Department of Planning Services, presented a brief summary on the background of the Code which deals with historic townsites. He commended the Departments of Public Works, Public Health and Environment, County Attorney's Minutes, August 6, 2018 Page 4 2018-2498 BC0016 RESOLUTION RE APPROVAL OF RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX18-0075, was submitted by Enca Arnold, 26746 County Road 388, Kersey, Colorado 80644, for property which is located in part on the following described real estate, to -wit Lot B of Recorded Exemption, RE -3738, being part of the SE1/4 of Section 9, Township 5 North, Range 64 West of the 6th P M , Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C R S , did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX18-0075, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 20 acres and 6 acres, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is exempt from the definition of the terms "subdivision" and "subdivided land " BE IT FURTHER RESOLVED by the Board that the application of Erica Arnold for Recorded Exemption, RECX18-0075, be, and hereby is, approved subject to the following conditions 1 Prior to recording the plat A The applicant shall attempt to address the requirements of the Town of Kersey, as stated in the referral response dated Apnl 29, 2018 The property is located in the Kersey Planning Area with a land use designation of 'Parks and Open Space" for the portion of the property within the floodplain Kersey requests that the applicant considers reserving a corridor along the river for a future trail Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services 2018-2506 RECX18-0075 RECX18-0075 - ERICA ARNOLD PAGE 3 B The applicant shall address the requirements of Weld County School District RE -7, as stated in the referral response dated June 1, 2018 Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services C Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way 2 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0963-09-4, RECX18- 0075 B A 30 -foot wide joint access and utility easement extending across Lots A and B from County Road 388, for the benefit of Lots A and B, shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and drained to provide all-weather access C Show and label the preliminarily approved access points and the usage types D County Road 388 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way If the existing right-of-way cannot be verified, it shall be dedicated The applicant shall also delineate the physical location of the roadway This road is maintained by Weld County E County Road 58 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of-way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County Any unmaintained road needs to be located/identified in relationship to the right-of-way Show and label the section line right-of-way as "CR 58 Section Line Right-of-way, not County maintained" F Show the floodplain and floodway (if applicable) boundaries on the plat Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate study G Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat, per the setback requirements of Section 23-3-50 E, of the Weld County Code, if applicable 2018-2506 RECX18-0075 RECX18-0075 - ERICA ARNOLD PAGE 4 H All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number 3 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 25 -foot radius of any plugged or abandoned oil and gas well Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of Chapter 23, in accordance with Subsection 23-6-10 C of this Code 2) Any future structures or uses on the 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) The largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40 P of the Weld County Code 5) 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 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability 7) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1575E, dated January 20, 2016 (South Platte River Floodplain) Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 The FEMA definition of development is any 2018-2506 RECX18-0075 RECX18-0075 - ERICA ARNOLD PAGE 5 man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining dredging, filling, grading, paving, excavation drilling operations, or storage of equipment and materials 8) 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 9) The property owner shall control noxious weeds on the site pursuant to Chapter 15, Articles I and II of the Weld County Code 10) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way 11) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements 12) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking 13) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat 14) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement 15) The historical flow patterns and runoff amounts will be maintained on the site 16) Building permits shall be obtained prior to the construction of any building Buildings that meet the definition of an Agricultural 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 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Dee, County Facility Fee and Drainage Impact Fee Programs 2018-2506 RECX18-0075 RECX18-0075 - ERICA ARNOLD PAGE 6 18) The existing septic system may be within the 100 -year floodplain The installation of any septic system within the 100-yearflood plain shall comply with the Weld County ISDS floodplain regulations Specifically, if the septic tank lids are not above the flood plain elevation, then the access to the tank manhole lids must be covered with 20 ml PVC and sealed with plumbers cement In addition, a one-way valve must be installed on the effluent line between the tank and the absorption field Therefore, any future pumping of the septic tank will require that the tank lids be sealed pnor to backfilling, and any future upgrade of the septic system will require that a one-way valve be installed on the effluent line 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 20) The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the Weld County Code, shall be placed on the map and recognized at all times 4 Additional Information A The West Greeley Soil Conservation District has provided information regarding the soils on the site The applicant shall review the information and use it to positively manage on -site soils B A Weld County Septic Permit is required for proposed lots when building occurs and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations 5 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code The applicant shall submit a paper or an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services Upon approval of the plat, 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 2018-2506 RECX18-0075 RECX18-0075 - ERICA ARNOLD PAGE 7 within sixty (60) days from the date the Board of County Commissioners Resolution was signed The applicant shall be responsible for paying the recording fee 6 In accordance with Weld County Code Ordinance 2012-3 approved April 30, 2012 should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners Resolution was signed, a $50 00 recording continuance charge shall be added for each additional three (3) month period NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption, RECX18-0075, submitted by Erica Arnold be, and hereby is, approved The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A D , 2018 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro -Tern BY Deputy Clerk to the Board Sean P Conway APPROVED AS TO FORM Julie A Cozad County Attorney Mike Freeman Date of signature 2018-2506 RECX18-0075 PLANNER CASE NUMBER APPLICANT REQUEST LEGAL DESCRIPTION DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michael Hall HEARING DATE August 6 2018 RECX18-0075 Erica Arnold Two -Lot Recorded Exemption Lot B of Recorded Exemption RE -3738, being part of the SE4 of Section 9, T5N, R64W of the 6th P M Weld County, CO PARCEL NUMBER 0963-09-4-00-095 PARCEL SIZE Lot A +/- 6 acres ZONE DISTRICT A (Agricultural) Lot B +/- 20 acres WATER SOURCE Lot A Proposed NWCWD Tap Lot B NWCWD Tap # 709 SEWER SOURCE Lot A Proposed Septic Lot B Septic # G19850127 NARRATIVE The applicant is proposing a two -lot recorded exemption on Lot B of RE -3738, recorded April 8, 2004 reception # 3169085 The size of Lot B of RE -3738 is 26 18 acres and does not meet the minimum acreage requirements to keep proposed Lot B greater than thirty- five (35) acres net per Section 24-8-40 P of the Weld County Code If approved, this proposal would be the second recorded exemption on the originally 45 -acre tract of land The applicant has owned the lot since June 30 2017 The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons 1 It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code Section 24-8-40 P of the Weld County Code, states "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter ' Proposed Lot B will be approximately 20 acres However, the minimum size of the larger lot of a recorded exemption (Lot B) cannot be not less than thirty-five (35) acres net This proposal does not meet Weld County Code Section 24-8-40 P The applicant was aware that this Recorded Exemption case would be recommended to the Board of County Commissioners for denial and chose to proceed with the request They acknowledged the recommendation for denial and request the requirement listed under Section 24-8-40 P be waived RECX18-0075 - 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