HomeMy WebLinkAbout20173367.tiffRESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION, RECX17-0136 - CHRISTOPHER AND
KAREN BERG
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 RECX17-0136 was submitted by
Christopher and Karen Berg, 2248 W. Hecla Drive, Louisville, Colorado 80027, for property which
is located on the following described real estate, to -wit:
Lot B of RE -4881; being part of the S1/2 NW1/4
NW1/4 of Section 15, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, 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 RECX17-0136, 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 10.28 acres and 4.0 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Christopher and Karen
Berg for Recorded Exemption RECX17-0136 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 (concerns) of the
Mountain View Fire District, as stated in the referral response dated August
11, 2017. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall address the requirements of the Saint Vrain Valley
School District Weld RE -1J, as stated in the referral response dated August
15, 2017. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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2017-3367
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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.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size
required by Section 24-8-10.6 of the Weld County Code. Net acreage
calculations should not include future road right-of-way.
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.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1313-15-02 RECX17-
0136.
B. Show and label the location of the existing access road for the proposed
two new lots. If the existing access road crosses the property boundary
onto Lot A of RE -4881, the applicant shall submit to the Weld County
Department of Planning Services a recorded copy of any agreement signed
by all the owners of the property crossed by the access. The access shall
be for ingress and egress, and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
C. A 30 -foot -wide joint access and utility easement extending across Lot B
from County Road 7, 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.
D. Show and label the existing and future right-of-way for County Road 7 and
all access permits, if applicable. Contact the City of Frederick for right-of-
way widths, approved access points and additional requirements. Please
provide a signed letter from the city showing their approval of all proposed
and existing access points coming off of their maintained right-of-way
shown on the plat.
E. 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.
F. 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.
G. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
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H. 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 the Weld County Code.
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.
3) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
4) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
5) Lot A is not eligible for a future land exemption, in accordance with
Section 24-8-20.C.1 of the Weld County Code.
6) 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.
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 -1890E, dated January 20,
2016 (Idaho Creek 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 man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
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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 installation of any septic system within the 100 -year floodplain
shall comply with the Weld County O.W.T.S. floodplain policy. In
accordance with the State of Colorado O.W.T.S. Regulations, no
septic system shall be installed within the floodway.
10) 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.
11) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lot A and Lot
B have adequate water supplies of sufficient quality, quantity and
dependability.
12) The property owner shall control noxious weeds on the site.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) This site is located in a Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements
or other drainage improvements. In addition to compliance with
applicable Weld County regulations, the property owner is required
to be compliant with any additional MS4 requirements.
15) 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.
16) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee and Drainage Impact Fee Programs.
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17) This parcel is located within the 1-25 RUA (Regional Urbanization
Area). Please refer to Chapter 26 of the Weld County Code for more
information.
18) 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.
19) 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.
3. Additional Information:
A. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County On -site Wastewater
Treatment System regulations.
B. Topographic or physical features of the proposed lots, 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.
C. The Longmont 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.
4. The plat shall be prepared in accordance with the requirements of Section 24-8-
60 of the Weld County Code. The applicant shall submit 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
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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 Board of County Commissioners Resolution was
signed. The applicant shall be responsible for paying the recording fee.
5. 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 of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
6. 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 or ArcGIS
Personal GeoDataBase (MCB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ' DO
ATTEST:ditifev� XLel
Weld County Clerk to the Board
BY:
ty Clerk to the Board
APPROVED AS T
County Attorney
Julie
Cozad, Chair
arbara Kirkmey
Date of signature: t C3 I ( O 1 (7
(AYE)
(NAY)
(AYE)
(AYE)
(NAY)
2017-3367
RECX17-0136
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER: Ryder Reddick HEARING DATE: September 27, 2017
CASE NUMBER: RECX17-0136
APPLICANTS: Christopher Phillip John Berg & Karen Jane Berg
APPLICANT ADDRESS: 2248 W. Hecla Drive Louisville, Colorado 80027
REQUEST: Two -Lot Recorded Exemption
LEGAL DESCRIPTION: Lot B of RE -4881; being a part of the S2 NW4 NW4 of Section 15, T2N, R68W
of the 6th P M., Weld County, CO
PARCEL NUMBER: 1313-15-2-00-009
PARCEL SIZE:
Total +/- 14 28 acres ZONE DISTRICT: A (Agricultural)
Proposed Lot A +/- 4.0 acres
Proposed Lot B +/- 10.28 acres
WATER SOURCE: Lot A. Proposed Left Hand Water District Tap
Lot B: Proposed Left Hand Water District Tap
SEWER SOURCE. Lot A: Proposed Septic
Lot B: Proposed Septic
Description: The applicant is proposing a 2 -Lot Recorded Exemption on Lot B of RE -4881 (Reception
#3606881) which was recorded on February 23, 2009 with Lot B being +/- 14.28 gross acres.
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
Chapter 24 of the Weld County Code."
In a letter addressed to the Board of County Commissioners dated June 30, 2017 and
submitted with this Recorded Exemption application to the Department of Planning Services,
the owners requested that the board approve their request to do a 2 -Lot Recorded
Exemption. The applicants explained in the letter that they have owned the property since
November 9, 2004 per recorded Warranty Deed (reception #3234250), and had split the
parcel in 2009 through RE -4881 (reception #3606881). The applicants point to the fact that
there was no note on the plat suggesting that they could not do another 2 -Lot Recorded
Exemption on their Lot B based on it being under 35 acres. They explained they were never
notified of the updated code language approved in 2010 and assumed they were eligible to
apply. They also explain they have already created a 5 -year lease with a restaurant company
from Denver to farm the proposed 10.28 -acre new Lot B, which if approved could be up to a
15 -year lease. With this lease in place, the applicants letter stated it was their intent all along
to split the lot by recorded exemption one more time for the purpose of conveying the lot to
their daughter for her to build a potential new single family home site on lot A while keeping
the farming and lease operation on Lot B as a way to continue to generate retirement income.
RECX17-0136
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2017-3367
The Department of Planning Services staff has reviewed this request and recommends that this
request be Denied for the following reasons:
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.
The applicants are requesting a split of Lot B RE -4881 into two (2) lots that will include a new Lot A
being +/- 4 -acres and a new Lot B that will be +/- 10.28 -acres in size. The proposal does not meet
Weld County Code Section 24-8-40.P.
The following timeline describes the history of the property:
05/14/1975:
11/09/9004:
02/2 3/2009:
07/20/2017:
A 2 -Lot Recorded Exemption RE -168 was approved by the Board of County
Commissioners and recorded (reception #1660333). The Recorded Exemption
covered a 40 -acre area of land being the entire NW4 of the NW4 Section 15 T2N R68W
of the 6th P.M., Weld County, CO. The lot was split into Two (2) 20 -acre parcels known
as Lot A and Lot B of Recorded Exemption RE -168.
Christopher Phillip John Berg and Karen Jane Berg acquired the 20 -acre Lot B of
Recorded Exemption RE -168 through recorded warranty deed (Reception #3234250).
A 2 -Lot Recorded Exemption (RE -4881) was approved by the Weld County Department
of Planning Services (reception #3606881). This case created a 5.72 -acre Lot A and
the 14.28 -acre Lot B. The 14.28 -acre Lot B is the lot proposed to be split via RECX17-
0136.
A complete application for RECX17-0136 was received. This case seeks to split Lot B
of RE -4881 via a two (2) lot recorded exemption.
The applicants were aware that this Recorded Exemption case would be recommended to the Board of
County Commissioners for denial and choose to proceed with the request. In the letter sent by the
applicants on June 30, 2017, They acknowledged the recommendation for denial and requested that
requirement listed under Section 24-8-40.P be waived as the applicant is claiming an extenuating
circumstance. The extenuating circumstance given in the letter states that the property has been in
same ownership by the applicants since 2004 and that they had no previous knowledge that the rules
had changed based on size requirements to split his lot until they applied for this recorded exemption
in late July 2017. Therefore because they had no knowledge that the rules changed and it was their
intent all along to split the property through this exemption process, these factors have created an
extenuating circumstance beyond their control that should allow for the board to make an exception in
this case to Code Section 24-8-40. P.
Other options do exist in the Weld County Code to create a new parcel of land without a new Recorded
Exemption on this lot. The Planned Unit Development (PUD) and Minor Subdivision are appropriate
processes to create another legal lot to be used for residential purposes. Additionally, the Zoning Permit
for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be utilized to permit an
additional dwelling unit on a property in the Agricultural Zone District.
Should the Board of County Commissioners approve this request, the Department recommends
the following conditions be attached:
RECX17-0136
Page 2of7
1 Prior to recording the plat:
A. The applicant shall attempt to address the requirements (concerns) of Mountain View Fire
Rescue, as stated in the referral response dated August 11, 2017. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
B The applicant shall address the requirements of Saint Vrain Valley School District Weld RE -1J,
as stated in the referral response dated August 15, 2017. 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.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.B of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
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.
2 Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1313-15-02 RECX17-0136
B Show and label the location of the existing access road for the proposed two new lots. If the
existing access road crosses the property boundary onto Lot A of RE -4881 the applicant shall
submit to the Weld County Department of Planning Services a recorded copy of any
agreement signed by all the owners of the property crossed by the access. The access shall
be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number.
A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 7,
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.
Show and label the existing and future right-of-way for County Road 7 and all access permits,
if applicable. Contact the City of Frederick for right-of-way widths, Approved access points
and additional requirements. Please provide a signed letter from the city showing their
approval of all proposed and existing access points coming off of their maintained right-of-
way shown on the plat.
E 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
Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
G All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
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
RECX17-0136
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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 welihead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10 C of this Code.
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.
3) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
4) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
5) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
6) 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.
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 -1890E dated
January 20, 2016 (Idaho Creek 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 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.
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 installation of any septic system within the 100 -year flood plain shall comply with
the Weld County O.W.T.S. flood plain policy. In accordance with the State of Colorado
O.W.T.S. Regulations, no septic system shall be installed within the floodway.
10) 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.
11) Prior to the release of building permits. the applicant shall submit evidence to the
Department of Planning Services that Lot A and Lot B have adequate water supplies
of sufficient quality, quantity and dependability.
12) The property owner shall control noxious weeds on the site
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13) The historical flow patterns and runoff amounts will be maintained on the site.
14) This site is located in a Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements. In
addition to compliance with applicable Weld County regulations, property owner is
required to be compliant with any additional MS4 requirements.
15) 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 29-3-20.6.13 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.
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
17) 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 Programs.
18) This parcel is located within the 1-25 RUA (Regional Urbanization Area). Please refer
to Chapter 26 of the Weld County Code for more information.
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) 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
R ECX 17-0136
Page 5 of 7
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 chiidren's activities is important, not oniy for their safety, but also for the
protection of the farmer's livelihood.
Additional Information.
A. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Onsite Wastewater Treatment System regulations.
Topographic or physical features of the proposed lots, 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.
The Longmont 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.
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 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
R ECX 17-0136
Page 6 of 7
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.
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 Board of County Commissioners
resolution was signed a $50.00 recording continuance charge shall added for each additional 3 -
month period.
7. 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 maps@co.weld.co.us.
8 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:
r -a)
7
A air L 3ZI
er Reddick, Plahner
RECX17-0136
Page 7 of 7
Date: September 14, 2017
RECORDED EXEMPTION (RECX) APPLICATION
DEPARTMENT OF PLANNING SERVICES * 1555 N. 17T" AVENUE * GREELEY, CO 80631
www.weldgov.com 970-353-6100 EXT 3540 * FAX 970-304-6498
FOR PLANNING DEPARTMENT USE:
AMOUNT $ Low
APPLICATION RECEIVED BY: AS
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
CXI-3-o13to
/Art
Parcel Number 1 3 1 3- 1 5- 2 - 0 0. 0 0 9
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's map found at www.weldgov.com)
Legal Description Lot B of RE -4881 NW1/4 of NW 1/4 of , Section 15 , Township 2 North, Range 68 West
Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES o NO 0
Is the property located in a floodplain? YES 0 NO Q Unknown
Is the property located in a geohazard area? YES O NO o Unknown Q
FEE OWNER(S) OF THE PROPERTY:
Name: Christopher Phillip John & Karen Jane Berg
Company:
Phone #: 512-415-7890 Email: cpjberg@gmail.com
Address : 2248 W Hecla Drive
City/State/Zip Code: Louisville, CO 80027
FEE OWNER (cont.) or APPLICANT:
Name:
Company:
Phone #:
Address :
City/State/Zip Code:
Email:
AUTHORIZED AGENT*:
Name: C Lei S.
Company:
(A :.x. is. c`
Phone #:
Address
City/State/Zip Code:
*Authorization Form must accompany all applications signed by an Authorized Agent
Email:
smallest
Lot
A
lot
Lot B
Lot C
Lot D
Proposed
Use
(i.e. Ag or Res)
Ag/Res
Ag/Res
Proposed
Acreage
4
10.28
Address
I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of
County Commissioners. 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.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized
evidence must be included showing the signatory has the legal authority to sign for the corporation.
t {� J
Signature: Owner or Agthorized Agent Date Signature: Owner or Authorized Agent Date
RizseruPtiEk: br
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
*If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is
the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation.
Page 16
RECORDED EXEMPTION (RECX) QUESTIONNAIRE
++++ Please type or print your responses to the following questions below and
use a separate sheet of paper if needed. +++++
1. Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity
and dependability for all lots. A letter from a water district, municipality, or a well permit is examples of
evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number
and/or the well permit application that was submitted to the State. If sharing a well a shared well
agreement is required. If on public water include a letter from the Water District, a tap or meter number,
or a copy of the water bill. (Example - "Water will be provided by the 123 Water Company, a tap
agreement has been purchased and a copy of the receipt is attached." or "Water will be provide by a well
Well Permit # 12345 is attached." or "Water bill from XYZ Water Company is attached".
Lot
A Water
Source
Left Hand
Water
District
Lot
B Water
Source
Left
Hand Water
District
Lot
C Water
Source
Lot
D Water
Source
2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has
been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with
the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was
purchased with no water rights.")
2 shares of Godding Ditch water will remain with 10.28 acre LOT B.
3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic
permit number. If there is not a permit due to the age of the existing system, apply for a septic
permit/documentation through the Department of Public Health and Environment prior to submitting this
application. If a new septic system will be installed please state that a new septic system is proposed. A
copy of the septic permit or a letter from the sewage disposal facility must accompany the application.
(Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from
Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld
County septic requirements." or "A copy of the existing Septic Permit #1236789 is included with the
application.")
A Septic
system
will
be designed,
constructed
and
permitted
according to
Weld
County spetic
requirements.
Lot
A sewage disposal
Septic
Lot
B sewage disposal
Septic
Lot
C sewage disposal
Lot
0 sewage disposal
Page 17
4. Describe how the property is being used. (Example - "The parcel has one house, one mobile home for
the hired hand permitted under Mobile Home Permit # ZPMH-123, two barns, and one loafing shed. The
north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and
gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated
and currently planted in alfalfa.")
The property is currently used as pasture land. There is one loafing shed in the northwest corner.
15 year lease (5+5+5) just established July 1, 2017 for approximately 9 3 acres consisting what will be LOT B (see
attached contract).
5. Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual
driveways off of County Road 72" or "All lots will share the existing access point off of County Road 59")
All lots will share access to County Road 7 via the existing entrance at the southwest corner of the property. An
easement will be granted to LOT A to allow access to LOT A via the existing entrance.
6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five (5) acre
lot and one 40 acre lot.")
The property will be split in to one four (4) acre lot (LOT A) and a 10.28 acre lot (LOT B). Lot B will retain the first 60
feet north of the southern east/west property line for access to LOT B. An easement will be granted for LOT A to
access County Road 7 via the existing access. 2 shares of godding ditch to remain with LOT B
7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills,
ditches. (Exam • le - "The ABC ditch runs diagonally across the southeastern • uarter of the • ro•ert "
Nothing unusual about the property.
Is there a business or Use by Special Review permit on the property?Q Y 4 N °UNKNOWN
If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my
concrete business will be vacated as my son is moving the business and equipment to his property
outside of Weld County.")
Page 18
June 30, 2017
Weld County Commissioners
Mike Freeman
Julie Cozad
Barbara Kirkmeyer
Sean Conway
Steve Moreno
Dear Sir/Madam,
This letter is to ask for your consideration of our application fora recorded exemption for the following
property:
Lot B of RE -4881 NW % of NW / of Section 15, Township 2 North, Range 68W.
Our objective is to create an opportunity for an additional small acreage horse property. At the time that
we split the original 20 acres (via RE -4881) in 2009, our plan was to perform one more recorded
exemption to allow us to provide one property for our retirement and the other for our daughter.
The recorded exemption RE -4881 survey notes specifically state that Lot A cannot be further split, but
doesn't make the same stipulation for Lot B. The location of our property (outlined in green below) is in
an area where there are many smaller horse friendly lots that are much smaller than 35 acres (outlined
in blue below).
9.3 acre 15 year lease established
Further, we just leased what would eventually be lot B of this recorded exemption for 15 years (5+5+5)
to a restaurant company Williams & Graham in Denver. See attached contract.
Approximately 9.3 acres located within:
LOT B of RE -4881, PART OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 2 NORTH,
RANGE 68 WEST (14.28 acres E of 9816 County Road 7), Longmont, CO 80504. See Appendix 1 Farm
Diagram for diagram of leased area. Actual leased area to be surveyed.
Appendix 1: Farm Diagram
The roughly 9.3 acres leased "Farm" is noted below in the blue box. Actual dimensions to be surveyed
and provided.
With the long term lease in place, we would dearly love to subdivide this property to allow us to develop
the 4 acres (power, water, fencing, house, horse facilities) independent of the farming activity going on
as part of the lease.
We have observed other exceptions in the past and hope that you will allow us to divide this wonderful
property.
Very best regards,
6te-dT. At' lims1
)e&
Christopher and Karen Berg
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name rrlRlS7orifteee eciac
Address Z 2yr
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name
Address
42dzt113 tk City State Zip
City 45' c'e State Lc" Zip Rt_2.27 Phone
Business Phone .J12 -‘f/S-- 7870
Fax
E-mail
Parcel Location & Sketch
The access is on CR 7
N earest Intersection: CR 7 & CR 4 --
Distance from Intersection s 731 v. /e%s
Parcel Number /Si -S.— 5 00 "0° (1
Section/Township/Range /57 / ? 1 ttf
Is there an existing access to the property?QfES NOO
N umber of Existing Accesses I
Road Surface Type & Construction Information
r
Asphalt 0 Gravel Treated 0 Other
Culvert Size & Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
()Temporary (Tracking Pad Required)/ $75
Osmall Commercial or Oil & Gas/$75
OField (Agriculture Only)/Exempt
Fax
E-mail
♦ = Existing Access A= Proposed Access
WCR
ICR 24:2
O Single Residential/$75
O Large Commercial/$150
Is this access associated with a Planning Process? 0 No
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
OUSA
cc
V
Olndustrial/$150
0Subdivision/$150
ORECX/SUBX OPUD
00ther
Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature
odIt
Printed Name (17/71P CS*
ajr,,
Date 7 �/ /
Revised Date 6/29/10
Approved by
WATER SUPPLY INFORMATION SUMMARY
Section 30.28.133,(d), C.R.S. requires that the applicant submit to the County,"Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1.
NAME OF
DEVELOPMENT
AS
PROPOSED
2.
LAND
USE ACTION
3.
NAME
OF
EXISTING
PARCEL
AS
RECORDED
SUBDIVISION
FILING
BLOCK
LOT
4.
TOTAL
ACREAGE
1 5. NUMBER
OF
LOTS
PROPOSED
PLAT
MAP ENCLOSED
❑
YES
6.
PARCEL
..
HISTORY
-
Please
r_
attach
copies of deeds,
•...
plats
or
other
evidence
or
documentation.
A.
Was
parcel
recorded
with
county
prior to
June 1,
1972?
El
YES
❑
NO
B.
Has
the
parcel
ever
been
part of
a
division
of
land
action
since
June
1,
1972?
■
YES
•
NO
If
yes,
describe
the
previous
action
7.
LOCATION
OF
PARCEL
-
Include
a
map deliniating the
project
area and
tie to
a section
corner.
I
1/4
OF
1/4
SECTION
TOWNSHIP
0
N
O S
RANGE
El
E
•
W
PRINCIPAL
MERIDIAN:
E1
6TH
■
N.M.
■
UTE
0
COSTILLA
8.
PLAT
- Location
of
all
wells
on property
must
be plotted
and
permit numbers
provided.
Surveyors
plat
0
Yes O
No
If
not, scaled
hand
drawn
sketch
O Yes
■
No
9.
ESTIMATED
WATER
REQUIREMENTS
- Gallant per Day
or Acre
Feet per Year
10.
WATER
SUPPLY
SOURCE
■
EXISTING
0
DEVELOPED
•
NEW WELLS
-
HOUSEHOLD
USE it
of
units GPO
AF
WELL
WELLS
PERMIT
NUMBERS
SPRING
PROPOSED
■
Aar . (CHECK (WQ
ALLUVIAL O UPPER ARAPAHOE
o UPPER DAMON C LOWER ARAPAHOE
o LOWER or►Vrsa" O uRAAeE FOX HILLS
COMMERCIAL
USE
�
of
S.F.
GPD
AF
O owe] ❑ DAKOTA
(1 OTHER
IRRIGATION
I of
acres GPD
AF
.
STOCK
WATERING
it
of
head
GPO
AF
■
MUNICIPAL
•
ASSOCIATION
WATER
COURT DECREE CASE NO.'S
OTHER
- GPD
AF
O COMPANY
0
DISTRICT
TOTAL
GPD
AF
NAME
LETTER
OF
COMMITMENT
FOR
SERVICE
0 YES
0
NO
11.
ENGINEER'S
WATER
SUPPLY
REPORT
CJ
YES
0
NO
IF
YES,
PLEASE
FORWARD
WITH
THIS
FORM.
(This
may be required before our review is completed)
12.
TYPE
OF
SEWAGE
DISPOSAL
SYSTEM
0
SEPTIC
TANK/LEACH
FIELD
O
CENTRAL
SYSTEM
-
DISTRICT
NAME
D
LAGOON
❑ VAULT
•
LOCATION
SEWAGE
HAULED
TO
•
ENGINEERED
SYSTEM
)Attach
r copy of engineering design)
O
OTHER
7/19/2017 Tax Account
Tax Account
Summary
Account Id
Parcel Number
Owners
Address
Situs Address
Legal
Inquiry
As Of
Payment Type
Total Due
Value
Area Id
2306 - 2306
R6776738
131315200009
BERG CHRISTOPHER PHILLIP JOHN
BERG KAREN JANE
2248 W HE,CLA DR
LOUISVILLE, CO 80027-2733
WELD
PT S2NW4NW4 15 2 68 LOT B REC EXEMPT RE -4881
07/19/2017
U ---U First
® Full
$0.00
AG -MEADOW HAY LAND - 4137
AG -WASTE LAND - 4167
Total Value
Taxes
Actual
703
0
703
Mill Levy
88.7630000
Assessed
200
0
200
$17.76
The amount of taxes due on this page is based on last year's property value assessment.
https://www.weldtax.com/treasurer/treasurerweb/account.jsp?account=R6776738
1/1
LEASE AGREEMENT
THIS INDENTURE made as of July 01, 2t)l7,
BETWEEN:
Christopher Berg,
(hereinafter called the "Landlord"),
OF THE FIRST PART,
And
Todd Colehour,
(hereinafter called the "Tenant"),
OF TII i SECOND PART
WITNESS that in consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Tenant, his/her heirs, executors, administrators, successors and
assigns to be paid, observed and performed, the Landlord hereby leases unto the Tenant, his;'her
heirs, executors, administrators, successors and assigns for use and occupation as farming
premises and for no other purpose, all those certain premises known municipally ass.
Approximately 9.3 acres located within:
LOT B of RE -4881, PART OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15,
TOWNSHIP 2 NORTH, RANGE 68 WEST (14.28 acres E of 9816 County Road 7), Longmont,
CO 80504. See Appendix 1 Farm Diagram for diagram of leased area. Actual leased area to be
surveyed.
(hereinafter called the *'Faun") upon the following terms and conditions:
. RENTAL AMOUNT: Commencing July 01, 2017, "l eua.nt agrees to pay Landlord the sum or
Three Hundred and Filly Dollars ($350) per month in advance on the first day of each month
(the "Rent"). Said Rent shall be delivered by Tenant to Landlord or the Landlord's
designated agent at the following location:
2248 W llecla Drive, Louisville, CO 80027
Rent must be actually received by Landlord, Or the Landlord's designated agent, in order to
be considered in compliance with the terms of this agreement.
TERN/L The Farm is leased for the following lease term:
The term of this Lease shall commence at noon on July 1, 2017, and unless terminated
earlier by Landlord as provided for herein, shall terminate at noon on June 30, 2022..
SECURITY DEPOSIT: Tenant shall deposit with landlord the sum of S500 as a security
deposit to secure Tenants faithful performance of the terms of this lease (the "Deposit").
Tenant may not use the Deposit for Rent owed during the lease tern. After the Tenant has
vacated, leaving the Farm vacant, the Landlord may use the Deposit for the cleaning of the
Farm and repair any unusual wear and tear to the Farm. Within 7 Days days of the Tenant
vacating the Farm, Landlord shall furnish Tenant a written statement indicating any amounts
deducted from the Deposit and return the unused balance to the "Tenant. It "Tenant lads to
furnish a forwarding address to Landlord, then Landlord shall send said statement and any
security deposit refund to the Farm.
4. INITIAL PAYMENT: enant shall pay the first month rent of Three Hundred and Fifty
Dollars (S350) and the Deposit in the amount of Zero Dollars. Said payment shill he made
in the form of cash or check and is due in full prior to occupancy.
5. USE OF PREMISES: The Landlord shall lease to the Tenant the Farm \Ouch consists of
approximately 9.3 acres. The Farm shall be used for the following purposes: Dry land crops,
up to 4 horses, up to 4 cattle, small farm animals for purposes of Fertilization. Tenant shall
not at any time during the Term, use, or permit the use of the Farm for any other business or
for any purpose other than as its own legal agricultural farming business. The farm may not
be used for any marijuana related activity.
6. SUBLETTING OR ASSIGNING: Tenant agrees not to assign or sublet lie Farm, or an part
thereof~, without first obtaining written consent from Landlord.
7_ UTILITIES. Tenant shall be responsible for the payment of all utility charges for Farm,
including hut not limited to, electricity, natural gas, water and sewer, cable TV, and
telephone.
8. CONDITION OF FARM: Tenant acknowledges that the Farm has been inspected. Tenant
acknowledges that the Farm has been cleaned and all iterm . livestock, crops, agriculture
supplies, fixtures, appliances, and appurtenances are in complete working order. Tenant
promises to keep the Farm in a neat and sanitary condition and to immediately reimburse
Landlord for any sums necessary to repair any item, fixture or appurtenance that needs
service due to Tenant's, or Tenant's invitee's or licensee's, misuse or negligence. Tenant
acknowledges and agrees that it shall use its best reasonable efforts to control soil erosion as
completely as practicable; keep in good repair all terraces, open ditches, inlets and outlets of
tile drains; preserve all established watercourses or ditches including grassed waterways: and
refrain from any operation or practice that will injure such structures.
Tenant shall be responsible for any and all cleaning or repair to any plumbing fixture where a
stoppage has occurred. Tenant shall also be responsible for repair or replacement of any
improvements.
IMPROVEMENTS, Tenant shall be responsible for payment of any improvements to
the farm including (hut not limited to) buildings, sheds, outbuildings, road construction, road
repair, fencing, ditch water plumbing and access to ditch water, trenching, electricity, gas,
city water, sewer, electrical/water tap fees, sewer fees, cable TV, telephone, etc. All
improvements must be approved by Landlord.
10. WATER RIGHTS: Tenant shall be responsible for paying annual dues for 2 shares of
CGoddiiig, Ditch. Current annual dues are $724. Next payment due in March, 2018.
l I . LATE CHARGE: A late charge of Ten Percent( l0%) of the currently due Rent amount shall
be incurred if Rent is paid after its due date. If Rent is not paid when due and landlord issues
a "Notice To Pay Rent Or Quit", Tenant must tender cash or a cashier's check only.
Additionally, absent the issuance of a '`Notice To Pay Rent Or Quit", if Tenant at any time
tenders a check which is dishonored by a banking institution, than Tenant shall only tender
cash or cashier's check for all future payments. This shall continue until such time as written
consent to pay via check is obtained from Landlord.
12. DISHONORED CHECK FEE: Tenant shall be liable in the sum of Thirty Dollars (S30)
for each check that is returned to Landlord because the check has been dishonored,
13. NOISE AND DISRUPTIVE ACTIVITIES: Tenant or his/her guests, invitees, livestock, and
farming products shall not disturb, annoy, endanger or inconvenience other tenants of the
building, neighbors, the Landlord or his agents, or workmen nor violate any law, nor commit
or permit waste or nuisance in or about the Farm.
14. NOXIOUS WEEDS: Tenant is obligated to control noxious weeds as defined by Weld
County.
[5. TAXES: The Landlord covenants with the Tenant that the Landlord will pay all property,
documentary and rental taxes which during the Term may be charged or levied upon the
Farm.
6. I..ANDLOR.D'S RIGHT OF ENTRY: Landlord may enter and inspect the Farm upon
reasonable advance notice of at least I day to Tenant. Landlord is permitted to make all
alterations, repairs and maintenance that in Landlord's judgment is necessary to perform. In
addition, Landlord has all right to enter. If the work performed requires that Tenant
temporarily vacate the premises, then Tenant shall vacate for this temporary period. Tenant
agrees that in such event that Tenant will be solely compensated by a corresponding
reduction in rent for those many days that Tenant was temporarily displaced.
17. REPAIRS BY LANDLORD: Where a repair is the responsibility of the Landlord, Tenant
must notify Landlord with a written notice stating what item needs ervicing or repair.
Tenant must give Landlord a reasonable opportunity to service or repair said item. Tenant
acknowledges that rent will not be withheld unless a written notice has been served on
Landlord giving Landlord a reasonable time to fix said item. Under no circumstances may
Tenant withhold rent unless said item constitutes a substantial hreach of the warrantee of
habitability.
1. LIVESTOCK AND PETS: The Tenant will be allowed to keep the following pets or
livestock on the Farm: Up ro 4 horses or 4 cattle. Smaller farm animals allowed upon
approval by Landlord.
19. INSURANCE: Tenant may maintain a property insurance policy to cover any losses
sustained to Tenant's property. it is acknowledged that Landlord aces not maintain this
insurance to cover property damage or loss caused by tire, theft.
overflow/leakage, acts of God, and:or any other causes.
rain. water
Tenant agrees to retain and maintain throughout the term hereof general liability insurance
providing for coverage from personal injuries upon or arising from the demised property in
amounts of not less than $500,000 for one person, $1,000,000 for one accident
Et is acknowledged that Landlord is not liable for these occurrences. It is acknowledged that
Tenant's insurance policy shall solely indemnify l enant for any losses sustained. Tenant's
failure to maintain said policy shall be a complete waiver of Tenant's right to seek damages
against Landlord for the above stated losses. The parties acknowledge that the Farm is not to
be considered a security building which would hold Landlord to a higher degree of care.
20. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed
term, pursuant to paragraph 2, then at the expiration of said fixed term this lease shall
pursuant
become a month to month tenancy upon the approval of Landlord.
21 OPTION TO EXTEND LEASE/RENTAL AGREEMENT: l'enant shall have the option to
extend the lease for up to two additional terms of five years. Rental rate for the renewal term
shall be at the then market rate. Tenant shall notify Landlord 90 days prior to the expiration
for the lease of their intent to renew.
22. SALE OF FARM: Landlord reserves the right to sell the farm at any time. Sate of the larm
would terminate this lease. Landlord to provide Tenant 90 days notice of intent to sell farm.
23. POSSESSION: lithe Farm. cannot be delivered to l enant on the agreed date due to loss, total
or partial destruction of the Farm, or failure of previous Tenant to vacate, either party may
terminate this agreement upon written notice to the other party at their last known 'address. It
is acknowledged that either party shall have no liability to each other except that all sums
paid to Landlord will be immediately refunded to Tenant.
24. ABANDONMENT: It shall be deemed a reasonable belief by the Landlord that an
abandonment of the Farm has occurred where rent has been unpaid for 14 consecutive days
and the Tenant has been absent from unit for 14 consecutive day's. In that event. Landlord
may serve written notice if Tenant does not comply with the requirements of said notice in 18
days, the Rinri `,hall he deemed abandoned.
25. \WAIVEER: Landlord's failure to require compliance with the conditions of this agreelnent, car
any right p
exercise ight provided herein, shall not be deemed a waiver by Landlord of such
�
condition or right. Landlord's acceptance of rent with knowledge of any default under
agreement by Tenant shall not be deemed a waiver of such default, nor shaU it limit
Landlord's rights with respect to that or any subsequent right. It is further agreed between the
parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL
l DETAINER action unless Landlord in writing specifically acknowledges that this constitutes
a waiver to the UNLAWFUL DETAINER action.
26. VALID[TYISEV ERABILITY: If any provision of this agreement is held to be invalid, such
invalidityshall not affect the validity or enforceability of any other provision of thk
agreement.
27. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this
agreement or to recover possession of the Farm. the prevailing party shall recover from the
other party reasonable attorney tees.
It is acknowledged, between the parties, that jury trials significantly increase the costs of any
Litigation between the parties. It is also acknowledged that ,jury trials require a longer length
of time to adjudicate the controversy. On this basis. all parties waive their rights to have any
matter settled by jury trial.
28. NOTICES: All notices to the tenant shall he deemed served upon mailing by first class mail.
addressed to the tenant at:
1��ti'illiams & Graham - 3160 Tejon St, Denver, CO 8021 I
All notices to the landlord shall be served by mailing first class mail or by personal delivery
to the Landlord's address at:
224X W Hecla Drive, Louisville, CO 80027
29. PROPERTY OF TENANT: Once Tenant vacates the Farm all property left on the Farm
shall he stored by the Landlord for 14 days. If within that time period, Tenant does not claim
said property, Landlord may dispose of said items in any manner Landlord chooses.
30. ADDITIONAL R[N F: All items owed under this lease shall be deemed additional rent.
31. APPLICATION: All statements in Tenant's application must he true. Misrepresentations
shall constitute a material breach of this Agreement.
3?. E\TIRE AGREEMENT: The foregoing agreement, including any attachments incorporated
by reference, constitutes the entire agreement between the parties and supersedes any oral or
written representations or agreements that may have been made by either party. Further,
Tenant represents that Tenant has relied solely on Tenant's judgment in entering into this
agreement. Tenant acknowledges having been advised to consult with independent legal
g counsel before entering into this Agreement and has decided to waive such representation
and advice. Tenant acknowledges that Tenant has read and understood this agreement and
has been furnished a duplicate original.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals as of
the date first here above written.
SIGNED, SEALED AND DELIVERED:
Todd Colehour
7iciers—
Christopher Berg
(i7
Date
RECEIPT OF TENANCY AGREEMENT:
THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy of the herein
Lease this I day of CA , 20 1 .
Todd Colehour
7
Appendix 1: Farm Diagram
The roughly 9.3 acres leased "Farm" is noted below in the blue box. Actual dimensions to be
surveyed and provided.
I
8
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Ryder Reddick, WC Planning
From: Katie Sall, Environmental Health Services
Date: August 4, 2017
Re: RECX17-0136
Applicant: Berg
Environmental Health Services has reviewed this proposal to exempt one lot from a 14.28 acre
parcel_ Proposed lot A will consist of 4 acres and proposed lot B will consist of 10.28 acres. Both
lots are currently vacant. Both lots are proposed to be serviced by Left Hand Water District and
new on -site wastewater treatment systems will be constructed.
The Environmental Health Services Division recommends the following:
Prior to construction:
1. If residences or structures requiring water and sewer are constructed for proposed lot A
or lot B Weld County Septic Permits are required for septic systems and shall be
installed according to the Weld County On -site Wastewater Treatment System
Regulations.
The following should be included as notes on the plat:
1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams,
etc. may limit the area available for a new or replacement septic system. Prior to
recording the plat the Division recommends that the applicants review the 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.
Health Administration
Vital Records
fele: 970 304 6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele. 970 304 642C
Fax: 970-304-6416
Environmental Health
Services
Tele: 970-304-641.5
Fax: 970-304 6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970 304 6452
Emergency Preparedness
& Response
"ele: 970-304-6470
Fax: 970-304-6452
Public Health
MEMORANDUM
TO: Ryder Reddick, Planning Services
DATE: August 14th, 2017
FROM: Morgan Gabbed, Public Works
SUBJECT: RECX17-0136 Berg
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): 131315200009
The project proposes to: do a two lot recorded exemption.
Approximate Access Location: On CR 7 north of CR 20.5
ROADS AND RIGHT-OF-WAY:
This portion of County Road 7 is under the jurisdiction of the City or Town (municipality) of Frederick. The
municipality has jurisdiction over access to the road. Please contact the municipality to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade the permit.
ACCESS:
This project accesses onto the Municipality of Frederick. Please contact the Municipality for access
requirements.
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.
CONDITIONS OF APPROVAL:
A. The plat shall be amended to delineate the following:
1. Show the approved City of Frederick access point(s) on the plat and label with the approved
access permit number if applicable. (Department of Public Works)
2. 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)
3. The applicant shall submit a recorded copy of any agreement signed by all the owners of
the property(ies) crossed by the access. The access shall be for ingress and egress and
shall be referenced on the plat by the Weld County Clerk and Recorder's Reception
number. (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)
MEMORANDUM
TO: Ryder Reddick
FROM: Diana Aungst, CFM
SUBJECT: RECX17-0136, Berg
DATE: July 27, 2017
PROJECT:
Two lot recorded exemption
PARCELs: 131315200009
DELINEATE ON THE USR MAP:
Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study
PLAT NOTES:
1. 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 -1890E effective date January 20, 2016 (Idaho Creek
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 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.
2. 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.
MEMORANDUM
TO: Ryder Reddick, Planning Services
DATE: 7/27/2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: RECX17-0136 Berg
The Weld County Department of Planning Services -Engineering 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): 131315200009
The project proposes: Two lot Recorded Exemption
Associated Land Use Case: None
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area
Floodplain:
This site is in a FEMA regulatory floodplain. A flood hazard development permit is required for any
development in the floodplain. Contact the floodplain planner Diana Aungst at 970-400-3524.
DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP)
1. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Planning Services -Engineer)
ST. VRA N VALLEY SCHOOLS
academic excellence by design
August 15, 2017
Ryder Reddick, Planner
Weld County Planning Department
1555 N. 17th AVE
Greeley; CO 80631
RE: RECX17--136
Dear Ryder,
Thank you for sending over the referral, RECX17-0136 for comment. The District appreciates the opportunity to
comment. The District does not require a land dedication therefore CIL payment will be required.
Please see attachment A for current capacities and where to make the CIL payment, and attachment B for Cash in
lieu (CIL) fees.
If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at
kragerud.ryan@stvrain.k12.co.us or at the number below.
Sincerely,
Ryan Kragerud, AICP
Planning/GIS Specialist
Enc.: Attachment A — Specific Project Analysis
Cash -in -lieu chart
ST. VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT, CO 80501. SCOTT
TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344
ATTACHMENT A - Specific Project Analysis
PROJECT RECX17-0136
(1) SCHOOL CAPACITY
The Board of Education has established a District -wide policy of reviewing new development projects in terms of the
impact on existing and approved school facilities within the applicable feeder system. Any residential project within the
applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be
supported. This determination includes both existing facilities and planned facilities from a voter -approved bond. The
building capacity, including existing and new facilities, along with the impact of this proposal and all other approved
development projects for this feeder is noted in the chart below.
CENTENNIAL ELEMENTARY
CAPACITY INFORMATION
CAPACITY
(includes projected students,
development's
student impact)
BENCHMARK*
plus
School
Level
Building
Capacity
Stdts
Oct -15
Stdt
Irrpact
2016-17
Stdts Cap
2017-18
Stdts Cap.
2018-19
Stdts Cap
2019-20
Stdts Cap.
2020-21
Stdts Cap.
Elementary
Noddle (CRMS)
High (MHS)
490
840
825
605
761
1006
1
0
0
625
794
1058
128%
95%
128%
656 134%
800 95%
1080 131%
683
925
1099
139%
110%
133%
701
962
1121
143%
115%
136%
736
995
1162
150%
118%
141%
Total
2056
1
2477
2537
2706
2784
2893
Specific comments concerning this proposal regarding School Capacity are as follows:
• Specific Impact - This application creates an additional lot with one additional student yielded to the Centennial
Elementary, Coal Ridge Middle School, Mead High School Feeder.
• Benchmark Determination — The elementary and high school are expected to exceed the 125% benchmark
within 5 years with the addition of expected new facilities. Therefore, the School District does not oppose this
application at this time.
2) LAND DEDICATIONS AND CASH IN -LIEU FEES
The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School
Sites by the City of Longmont requires that the applicant either dedicate land directly to the School District along
with provision of the adjacent infrastructure and/or pay cash -in -lieu (CIL) fees based on the student yield of the
development. CIL fees only provide funds for land acquisition, which is only a small component of providing
additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral
are as follows:
• Dedication and/or Cash -in -lieu Requirements - The District does not anticipate the need for another school
site in this area. Since no land dedication is required, CIL fees will be assessed. Current fees are included
on the attached chart; however fees paid will be those in effect at the time of payment.
• Number of Units covered by dedication/cash-in-lieu — All potential residential lots will be subject to CIL
fees
• Dedication/Cash-in-lieu Procedures - Cash -in -lieu payments are to be made to the St. Vrain Valley School
District Business Office — 395 S. Pratt Parkway, Longmont, CO.
3) TRANSPORTATION/ACCESS
Transportation considerations for a oroiect deal with bussina and pedestrian access to and from the subdivision
Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to
schools and to minimize transportation costs. Specific comments for this application are as follows:
• Provision of Busing - Busing for this project, under the current boundaries, would most likely be provided.
• Pedestrian Access - NA
0 V1t1LLL I JV1 IVLJL LJIJTRI�_I r L/'1 V VI VV DCr�'1RT MTh Arm
VT. 'Inc JVVT11 f RF-\ Mtn l i rnnnVvn t
TOILLION, DIRECTOR PHONE 303-682-7229. FAX 303-682-7344.
LO1NGMVION^I ,
nn nncn4 c'n/Nrr
%aV ()V&A) I . OL'\J I I
School Planning
Standards And
Calculation of
Land Dedication Requirements
Weld County
Single Family
School Plannina Standards
Number Projected Student Site Size Acres of Developed
Of Student Facility Standard Land Land Cash -in -lieu
Units Yield Standard Acres Contribution Value Contribution
Elementary 1 0.217 525 10 0 004 $53.984
0 2 " Number of Students = No. of Units Student Yield
Equation: (Number of Students/Elem. Student Facility Size) Elem. Site Size Standard = Acres of Land Contribution
Middle Level 1 0.100 750 25 0.003 $53,984
Number of Students = No. of Units Student Yield
Equation: (Number of Students/Middle Student Facility Size) " Middle Site Size Standard = Acres of Land Contribution
HitSchool 1 0.113 1200 50 0.005 $53,984
0.113 Number of Students = No. of Units ' Student Yield
Equation. (Number of Students/High School Student Facility Size) * High School Site Size Standard = Acres of Land Contribution
Total 1 0 43 0.012 $53,984 $657
Equation: Elem. Acreage + Middle Acreage + High School Acreage = Total Acres of Land Contribution
Single Family Student Yield is .43
$657
Per Unit
2/25/03
Planning Department
School Planning
Standards And
Calculation of
Land Dedication Requirements
Weld County
DuplexlTriplex
hgol Planning Standards
Number Projected Student Site Size Acres of , Developed
Of Student Facility Standard Land Land Cash -in -lieu
Units Yield Standard Acres Contribution Value Contribution
Elementary 0 0.197 525 10 0.00 $53,984
0 Number of Students = No. of Units ' Student Yield
Equation (Number of Students/Elem. Student Facility Size) ' Elem. Site Size Standard = Acres of Land Contribution
Middle Level 0 0.089 750 25 0.00 $53,984
Number of Students = No. of Units * Student Yield
Equation. (Number of Students/Middle Student Facility Size) * Middle Site Size Standard = Acres of Land Contribution
High School 0 0.086 1200 50 0.00 $53,984
0 Number of Students = No. of Units * Student Yield
Equation (Number of Students/High School Student Facility Size) ' High School Site Size Standard = Acres of Land Contribution
-
Total 0 0.00 $53,984 $0
Equation Elem. Acreage + Middle Acreage + High School Acreage = Total Acres of Land Contribution
Duplex/Triplex Student Yield is .38
•
#DIV/0!
Per Unit
2/25/03 Planning Department
School Planning
Standards And
Calculation of
Land Dedication Requirements
Weld County
Multi -Family
School Planning Standards
Number Projected Student Site Size Acres of Developed
Of Student Facility Standard Land Land Cash -in -lieu
Units Yield Standard Acres Contribution Value Contribution
Elementary 0 0 145 525 10 0 00 $53.984
0 Number of Students = No. of Units * Student Yield
Equation (Number of Students/Elem Student Facility Size) ' Elem Site Size Standard = Acres of Land Contribution
Middle Level 0 0 055 750 25 0.00 $53,984
Number of Students = No of Units * Student Yield
Equation: (Number of Students/Midas Student Facility Size) * Middle Site Size Standard = Acres of Land Contribution
High School 0 0 061 1200 50 0.00 $53.984
0 Number of Students = No of Units * Student Yield
Equation: (Number of Students/High School Student Facility Size) " High School Site Size Standard = Acres of Land Contribution
Total 0 0 T- 0 00 $53,984 $0
Multi -Family Student Yield is .25
#DIV!0!
Per Unit
2/25/03
Planning Department
School Planning
Standards And
Calculation of
Land Dedication Requirements
Weld County
Condo/Townhouse
Number
Of
Units
School Planning Siam:tards
Projected Student Site Size Acres of Developed
Student Facility Standard Land Land Cash -in -lieu
Yield Standard Acres Contribution Value Contribution
Elementary 0 0.072 525 10 0.00 $53,984
} Number of Students = No. of Units ' Student Yield
Equation (Number of Students/Elem. Student Facility Size) * Berm Site Size Standard = Acres of Land Contribution
Middle Level 0 0.039 750 25 0.00 $53,984
3 Number of Students = No. of Units * Student Yield
Equation (Number of StudentslMtddle Student Facility Size) * Middle Site Size Standard = Acres of Land Contribution
High School 0 0.04 1200 50 0 OD $53.984
Number of Students = No. of Units " Student Yield
(Number of Students/High School Student Facility Size) * High School Site Size Standard = Acres of Land Contribution
Total 0 0 0.00 $53,984 SO
Equation: Elem. Acreage + Middle Acreage + High School Acreage = Total Acres of Land Contribution
Condo/Townhouse Student Yield is .15
#DIV/0!
Per Unit
2/25/03 P$anr kny Department
School Planning
Standards And
Calculation of
Land Dedication Requirements
Weld County
Mobile Home
Number
Of
Units
Elementary 0
School Planning Standards
Projected Student Site Size Acres of
Student Facility Standard Land
Yield Standard Acres Contribution
Developed
Land Cash -in -lieu
Value Contribution
0.158 525 10 0.00 $53,984
0 Number of Students = No. of Units * Student Weld
Equation: (Number of Students/Elem Student Facility Size) ' Elem Site Size Standard = Acres of Land Contribution
Middle Level 0 0 085 750 25 0.00 $53,984
0 Number of Students = No of Units * Student Weld
Equation: (Number of Students/Middle Student Facility Size) * Middle Site Size Standard = Acres of Land Contribution
High School 0 0.09 1200 50 0.00 $53,984
0 Number of Students = No. of Units * Student Yield
Equation: (Number of Students/High School Student Facility Size) * High School Site Size Standard = Acres of Land Contribution
Total
0 0 0.00 $53,984 $0
W —
Equation. Elem. Acreage + Middle Acreage + High School Acreage = Total Acres of Land Contribution
Mobile Home Student Yield is .42
#DIV/0!
Per Unit
2/25103
Planning Department
July 20, 2017
,v 44 tint
1'.44'174 tt
it
Weld County Referral
The Weld County Department of Planning Services has received the following itern for review:
Applicant: CHRISTOPHER PHILLIP JOHN BERG
Please Reply By: August 17, 2017
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Case Number: RECX17-0136
Planner: Ryder Reddick
Location: EAST OF AND ADJACENT TO CR 7, APPROXIMATELY 0.25 MILES NORTH OF CR 20 1/2
Parcel Number: 131315200009-R6776738 Legal: PT S2NW4NW4 SECTION 15 T2N R68W LOT B
REC EXEMPT RE -4881 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added 'to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
a
We have reviewed the request and find that it does ! does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Date
il\-sz\k 4 -
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 axt.3540 (970) 304-6498 fax
MOUNTAIN VIEW FIRE RESCUE
3561 North Stagecoach Road, Unit 200• Longmont, CO 80504
(303) 772-0710 • FAX (303) 651-7702
August 11, 2017
Mr. Ryder Reddick
Weld County Planning Department
1555 North 17th Street
Greeley, CO 80631
Dear Mr. Reddick.
I have reviewed the submitted material pertaining to the recorded exemption for the Berg property
located on Weld County Road 7 just north of Weld County Road 20.5 (Case Number: RECX 17-0136).
The Fire District does not object to the request, but does have the following comments and requirements
should future buildings be constructed on either of the parcels created
• Water supply for fire protection may be required for any new dwelling that may be constructed or
moved on any of parcels created. In instances when a request is for a recorded exemption and not a
subdivision, water supply for fire protection is not required for a single family residence that is not
larger than 3,600 gross square feet. If a residence exceeds 3,600 gross square feet water supply for
fire protection requirements may apply. All other structures or uses may require water supply for
fire protection depending on the use or structure. Generally, water supply for fire protection is not
required for private garages, barns, storage buildings and accessory buildings provided the building
is not being used as living space and hazardous activity will not be occurring within the structure
(i.e. woodworking, vehicle repair garage, spray painting with flammable/combustible liquids, etc.).
• If water supply for fire protection is not available from fire hydrants, the installation of a
residential fire sprinkler system is accepted as an alternative to meeting the required fire
flow for residential structures.
We appreciate being involved in the planning process. Should you have any questions, please
contact me at 303-772-0710 x 1 121.
Sincerely.
LuAnn Pen fold
Fire Marshal
cc project file
Ipt)8 05,12
www. mvfpd.org
1.6
Submit by Email
p.r
fri
yield
Weld County Referral
July 20, 2017
The Weld County Department of Planning Services has received the following item for review'
Applicant: CHRISTOPHER PHILLIP JOHN BERG
Please Reply By: August 17, 2017
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Case Number: RECX17-0136
Planner: Ryder Reddick
Location: EAST OF AND ADJACENT TO CR 7, APPROXIMATELY 0.25 MILES NORTH OF CR 20 1/2
Parcel Number: 131315200009-R6776738 Legal: PT S2NW4NVV4 SECTION 15 T2N R68W LOT B
REC EXEMPT RE -4881 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
■
IN
We have reviewed the request and find that it does ;does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
tr-See attached letter.
Signature
Agency
Date
•
- 02o t 7,
Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext 3540 (970) 304-6493 fax
.J ... 'iki
!yngnii;nt linsi.tlf" . r tiolti
Ira
' t1'ai
Site Review Memo
I hr
To: Longmont CD Board
From: Nancy McIntyre
Subject: (List site name, location, Permit#, Purpose, etc.)
Christopher Phillip John Berg, east of and adjacent to CR 7, approximately 1/4 mile north
of CR 20 'W Case #RECX17-0136 Divide property into one 4 acre lot and a 10.28 acre with
2shares of Godding ditch to remain with the tu lot.
Prime Farmland:
Land is prime if drained
Water Quality:
N/A
Noxious Weed Control:
Continue to monitor property for weeds and work with Weld County Weed Department to
keep weeds from seeding,
Soils Limitations:
N/A
Other concerns:
Summary comments:
Hello