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Home My WebLink About20162047.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION, RECX16-0038 - VIRGINIA HIXON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of June, 2016, at the hour of 9:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Virginia Nixon, 8469 CR 47.5, Hudson, CO 80642, for a Recorded Exemption, RECX16-0038, on the following described real estate, to -wit: Lot B of RE -2127; being part of the NE1/4 SW1/4, and part of the NW1/4 SE1/4 of Section 24, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of Planning Services staff and, having been fully informed, finds that this matter should be referred back to Planning Services staff to allow additional time to try and contact the applicant and establish a new hearing date. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, referred back to staff. cc/ O`epL, , PL, C RR / MM /-re) -71951 9c) tro 2016-2047 RECX16-0038 RE: REFER TO STAFF (RECX16-0038) - VIRGINIA NIXON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j,�o{ti Ggc Weld County Clerk to the Board BY: APP_R ai 42, eputy Clerk to the Board y Attorney Date of signature: 7 !`DO ( a0I Mike Freeman, Cheri Sean P. Conway, Pro-Tem ulie A. Cozad 2016-2047 RECX16-0038 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Ryder Reddick HEARING DATE: June 13, 2016 CASE NUMBER: RECX16-0038 APPLICANT: Virginia M. Hixon APPLICANT ADDRESS 8469 County Road 47.5, Hudson, CO 80642 REQUEST: Two -Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -2127; being a part of the NE4 SW4 and part of the NW4 SE4 of Section 24, T2N, R65W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1307-24-3-00-031 PARCEL SIZE: +/- 34.85 acres ZONE DISTRICT: A (Agricultural) WATER SOURCE: Lot A: Proposed Welt Lot B: Well (208260) SEWER SOURCE Lot A. Proposed Septic Lot B. Septic (SE -9800017) Description: The applicant is proposing a two -lot Recorded Exemption on Lot B of RE -2127 which was recorded on April 1, 1998 with Lot B being +1-34.85 acres. Section 24-8-40 P. of the Weld County Code states that 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. In a letter written by Mrs. Hixon to the Weld County Planning Department dated March 1, 2016, she explained that she has owned this property since 1997, and was applying for this Recorded Exemption due to several medical and financial hardships in her life. These hardships she explained, have caused this need to divide the land in hopes of selling off a portion of it for financial gain. This in turn would hopefully allow her to pay off her mortgage and once again comfortably live in her home without continuing to need financial assistance from her closest family members, which she needs now in order to keep herself afloat. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: Section 24-8-402 P of the Weld County Code, states: After August 3rd, 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 RECX16-0038 Page 1 of 6 recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: 1. 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. 2. This application is proposing a well as its source of water for Lot A and Lot B. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the State Division of Water Resources, as stated in the referral response dated March 24th, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -3J as stated in the referral response dated March 17th, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. 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. D. Lot A shall comply with the two and one-half (2 1/2) 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. E. After a search of records for the property, no building permit was found for the barn. The barn was also remodeled and converted to a residence/habitable space without building permits. Use of the structure as habitable space shall stop unless and until appropriate building, zoning and floodplain permits are applied for and approved. F. The applicant shall submit evidence to the Department of Planning Services that the kitchen facilities have been removed and any septic systems have been disconnected from the accessory building that was being used as an unpermitted second dwelling showing that it has reverted back to an accessory building used only for storage purposes. G The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1307-24-03 RECX15-0038. B All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00120). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. RECX16-0038 Page 2 of 6 C. A 30 foot wide joint access and utility easement extending across Lot B from County Road 47.5, for the benefit of Lot A and Lot 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. County Road 47.5 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 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. 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. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups Al B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one - hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) 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) 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 -2155E effective date January 20th, 2016 (Box Elder 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, RECX16-0038 Page 3 of 6 mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 6) 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. 7) 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. 8) Habitable spaces are not allowed below base flood elevation. Electrical below base flood elevation must be suitable for wet locations per electrical code. Electrical panel feeding electrical outlets and switches below base flood elevation must be installed at least one foot above base flood elevation. The maximum voltage allowed is 120 Volts. All other utilities shall be installed at or above base flood elevation 9) The new access across Box Elder Creek shall obtain a Flood Hazard Permit for the new Crossing. Box Elder Creek Ditch Company shall also be contacted for additional requirements they may have for any built access across the creek. 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 has an adequate water supply of sufficient quality, quantity and dependability. 12) Potential purchasers should be aware that Lot A and Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 13) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 14) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 15) The property owner shall control noxious weeds on the site. 16) The historical flow patterns and runoff amounts will be maintained on the site. 17) 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. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. RECX16-0038 Page 4of6 19) 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. 20) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 21) 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. 22) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. RECX16-0038 Page 5 of 6 Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy 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 within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weldco.us. 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. 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Stephanie Frederick From: Sent: To: Subject: Attachments: Ryder Reddick Friday, May 06, 2016 11:12 AM Bethany Ford; Cheryl Hoffman; Esther Gesick; Karla Ford; Stephanie Frederick; Tisa Juanicorena Administrative Review and Letter from Applicant for Recorded Exemption RECX16-0038 Virginia Hixon 3-1-2016_Virginia Hixon Letter.pdf; RECX16-0038 Administrative Review.pdf Hi all, Attached is the Administrative Review and Letter from Applicant for the Recorded Exemption RECX16-0038 I'm bringing in front of the BOCC recommending Denial on June 13, 2016 for Virginia Hixon. I will send a presentation for the case as well here in then next week or so but please add this info to my original request. Thanks a lot! Ryder Reddick Planner I Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 tel: (970) 353-6100 ext. 3527 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 MEMORANDUM TO: Ryder Reddick, Planning Services DATE: March 31st, 2016 FROM: Morgan Gabbert, Public Works SUBJECT: RECX16-0038 Nixon 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): 130724300031 The project proposes to: do a two lot recorded exemption. Approximate Access Location: on CR 47.5 north of CR 18.5 approx. 1200 ft. Roads: County Road 47.5 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the site map 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. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. Access: An access permit has been approved for the access to the site (AP16-00120). AP16-00120 Special Requirements or Comments: "Parcel 130724300031. Utilize existing shared access point on CR 47.5 for Lots A & B (1 -Residential) located approx. 1200 ft. Northwest of CR 18.5." For shared accesses, Public Works strongly recommends that 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. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of road shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following. 1. County Road 47.5 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the 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. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the approved access point(s) and access permit number(s) on the plat (AP16-00120). (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) 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: April 6, 2016 Re: RECX16-0038 Applicant: Nixon Environmental Health Services has reviewed this proposal to exempt one lot from a 34.85 acre parcel. Proposed lot A will consist of 15.0 acres and proposed lot B will consist of 19.85 acres. According to the application a proposed well and a proposed on -site wastewater treatment system will be provided for proposed lot A upon construction. Proposed lot B has an existing residence and has an existing domestic well (#208260) and an existing onsite wastewater treatment system (SE -9800017). The Environmental Health Services Division recommends the following: 1. Prior to construction: a. If a residence is to be constructed, a Weld County Septic Permit is required for proposed lot A septic system 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. The owner should be aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the owner should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the owner to test their drinking water prior to consumption and periodically test it over time. 2. The installation of any septic system within the 100 -year flood plain shall comply with the Weld County OWTS flood plain regulations. In accordance with the OWTS Regulations, no septic systems shall be installed within the floodway. Please contact Weld County Planning Department to verify flood plain vs. floodway. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 MikaBeta MEMORANDUM TO: Ryder Reddick, Planning Services DATE: April 11, 2016 FROM: Wayne Howard, P.E. , Development Engineer SUBJECT: RECX16-0038 Hixon 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: 130724300031 The project proposes to create a two lot Recorded Exemption. Approximate Access Location: CR47 1/2, west of CR49 ACCESS: The applicant may have several options in order to provide a legal access to the new proposed parcel located on the west side of Box Elder Creek. Option 1 — Obtain a 30 ft. minimum joint access and utility easement to provide legal access and utilities to the parcel from the parcel located directly south which currently has a crossing over Box Elder Creek. This would not require a Flood Plain Permit. Option 2 — Create a new access across Box Elder and obtain a Flood Hazard Permit for the new crossing. 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 970-353-6100. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: Based upon the final RE application 1. Obtain a 30 ft minimum joint access and utility easement to provide legal access and r utilities to the parcel from the parcel located directly south which currently has a crossing over Box Elder Creek. This would not require a Flood Plain Permit. of (Department Planning Services -Engineer) 2. Create a new access across Box Elder and obtain a Flood Hazard Permit for the new crossing (Department of Planning Services - Engineering) 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) Ryder Reddick From: Sent: To: Subject: Building Comments: Jose Gonzalez Tuesday, May 03, 2016 10:02 AM Ryder Reddick RECX16-0038 After a search of records for the property, no permit was found for the barn. The barn was also remodeled and converted to a residence/habitable space without building permits. Habitable spaces are not allowed below base flood elevation. Electrical below base flood elevation must be suitable for wet locations per electrical code. Electrical panel feeding electrical outlets and switches below base flood elevation must be installed at least one foot above base flood elevation. The maximum voltage allowed is 120 Volts. All other utilities shall be installed at or above base flood elevation. Use of structure as habitable space shall stop. Jose Gonzalez Assistant Building Official Building Department 1555 N 17th Ave Greeley, CO 80361 tel: 970-353-6100 x3533 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 MEMORANDUM TO Ryder Reddick FROM: Diana Aungst, CFM SUBJECT RECX16-0038, Hixon DATE: April 26, 2016 PROJECT: Two Lot Recorded Exemption PARCEL: 1307-2430-0031 COMMENTS: For access to the lot that is on the west side of the Box Elder Creek if a bridge is built a floodplain permit is required. If base flood elevation (BFE) water surface elevation rises more than .3 feet due to the construction of the bridge a Letter of Map Revision will be required (LOMR). Ensure that any bridge built also meets the requirements of the fire department. CONDITION OF APPROVAL: A floodplain permit is required for the barn that was converted to a home. ITEM TO BE INCLUDED ON THE PLAT: Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. PLAT NOTE: 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 -2155E effective date January 20, 2016 (Box Elder 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. Please contact Lisa, at Weld County School District Re -3J, at 303-536-2003 to set up an appointment to pay Recorded Exemption Fees. March 17, 2016 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RECX1.6-0038 (Dixon, Virginia) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re -3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re -3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards, the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232.00 per single-family housing unit. If approved, it is requested that this amount be paid to the school district as cash -in -lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash -in -lieu of land of $1,232.00 is requested for each single-family housing unit. Therefore, the total due to Weld County SchoolDistrict RE -3J is $1,232,00. Without such mitigation, the district will recommend that the application be denied, Sincerely 1-4}cic Greg Rabenlorst Superintendent of Schools Weld County School District Re -3J COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 March 24, 2016 Ryder Reddick Weld County Department of Building and Planning Services Transmitted via email: rreddickCco.weld.co.us RE: Virginia Mae Nixon Two Lot Recorded Exemption Case no. RECX16-0038 NW1 /4 of the SE1 /4 of Sec. 24, T2N, R65W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Reddick, This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted information, the above referenced proposal will divide, by exemption, a 35 acre parcel referred to as Lot B of RE -2127 into two lots; Lot A will be approximately 15 acres and Lot B will be approximately 20 acres. The proposed water supply for Lots A will be through a new well and the proposed water supply for Lot B will be through an existing well operating under permit no. 208260. Well permit no. 208260 was issued on February 26, 1998 pursuant to § 37-92-602(3)(b)(II)(A), C.R.S., for the change of the legal description approved on permit no. 68408 (canceled), as the only well on a tract of land of 55 acres described as part of the Si /2 of Section 24, Township 2 North, Range 65 West of the 6th P.M. The well is currently permitted to be used for fire protection, ordinary household purposes inside not more than three single-family dwellings, the irrigation of not more than one acre of home gardens and lawns and the watering of domestic animals, and livestock on a farm or ranch. Production from this well is limited to the alluvium of the South Platte River. Upon approval of this recorded exemption, the parcel on which well permit no. 208260 is located will have a different configuration than the parcel that was considered when issuing 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Virginia Mae Hixon Two Lot Recorded Exemption March 24, 2016 Page 2 of 2 this permit. Therefore, upon completion of the exemption from platting, well no. 208260 must be re -permitted consistent with the law as it applies to the newly -created parcel on which it is located. For this situation, the application specifies that the well is located on the new Lot B. Since the welt is constructed in the alluvial aquifer, and Lot B will be less than 35 acres, the maximum use allowed would be household use only, unless the Applicant obtains a court approved augmentation plan. Our office recommends that, at a minimum, the requirement that the existing well with permit no. 208260 must be re -permitted be recorded on the plat and made available to anyone purchasing/owning the lot. In addition no well construction report was received in this office to affirm that welt no. 208260 was constructed. Therefore along with the application to re -permit the existing well the Applicant must also submit a Welt Construction Report (form GWS-31) or in lieu of the Well Construction Report the Applicant may submit the Existing Well Information and Inspection Form (form GWS-68). Both forms are available for • - download at the Division of Water web site at: http: / /water. state. co. us/ DWRDocs/ Forms/ Pages/ WellPermittingFormsByNumber. aspx Any welt permit applications for the new lots would be evaluated at the time they are received in this office. If you, or the applicant, have any questions please contact loana Comaniciu in this office. Sincerely, Joanna illiams, P.E. ,Wat esource Engineer Cc: File for permit no. 208260 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.Q. Box 758 Greeley, CO 80632 Phone: (970) 3O4-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP16-00120 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: RECX16-0038 Applicant Information: Name: Virginia M. Nixon Company: Virginia M. Nixon Phone: 303-536-4688 Email: virg55ac@aol.com Location: Access is on WCR: Nearest Intersection WCR: 47.5 47.5 Distance From Intersection: 1200 Number of Existing Accesses: 1 Planning Process: RE RECX16-0038 Road Surface Type & Construction Information: Road Surface: Gravel Culvert Size & Type: 18" CMP/RCP min. if req. Start Date: Finish Date: Materials to Construct Access: Required Attached Documents Submitted: Traffic Control Plan: No & WCR: 18.5 Expiration date: Property Owner Information: Name: Company: Phone: Email: same as applicant Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt: Certificate of Insurance: No Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 130724300031. Utilize existing shared access point on CR 47.5 for Lots A & B (1 -Residential) located approx. 1200 ft. Northwest of CR 18.5. Approved by: Uiy.l,llty csjr ed try Mina; iri Gabber ON. cn=Moigan to thhert, C, all. ?rn.frt=rngabber tfuiwvtr'igov Corr :=US Cline' 201( 01 11 •. •t 10.29 i16`00. Weld County Public Works Date: 3/31/2016 Print Date -Time: 3/31/2016 2:09:36PM Access Permit PW008 Page 1 of 1 Hello