HomeMy WebLinkAbout841018.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 678 - ROGER AND CONNIE
BURGESS
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, pursuant to its
authority under Section 30-28-101 (10) (d) , CRS , as amended, 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 No. 678 , does
not come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 678 was
submitted by Roger and Connie Burgess for property being lo-
cated in the NWa NW.; NWa, Section 23, Township 5 North, Range
65 West of the 6th P.M. , Weld County, Colorado, being more par-
ticularly described in the plat which shall be provided by the
applicants and known as Exhibit "A" , said plat to be recorded,
and
WHEREAS, this request is to divide the property into parcels
of 5 acres and 4. 356 acres, more or less, to allow the applicants
to establish separate legal lots.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove de-
scribed parcel of land be, and hereby is, exempt from the defi-
nition of the terms , "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) the applicants shall submit
a mylar plat to the Department of Planning Services to be re-
corded in the office of the Weld County Clerk and Recorder. The
plat shall be drawn in accordance with the requirements of Sec-
tion 9-2C. (4) of the Weld County Subdivision Regulations . The
plat shall be submitted within ninety days from the date of
LD: RE#678
L. ``Fi%' 841018
Page 2
RE: RE #678 - BURGESS
approval by the Board of County Commissioners; and 2) the mylar
plat shall show an additional twenty (20) feet of reserved
right-of-way east of the centerline of Weld County Road 45 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
May, A.D., 1984.
4.444 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder Q-t-frvc-._
and Clerk to the Board Norman Carlson, Chairman
¢/ c,,,EcT t.6 EXCUSED
e uty County Cl rk Jacq eline Johnson, Pro-Tem
APPROVED AS TO FORM: ((C//�
ene R. Brantner
EXCUSED
County At orney Chuck Carlson
c J n T. Martin
841018
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.4O4
.t.
a, . . 915 10TH STR EET
GREELEY,COLORADO 80631
C. r C
COLORADO p,
1
May 9, 1984 I �
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #RE 678
Dear Commissioners:
The attached application, plat and related items are in reference to a request
from Roger and Connie Burgess for a recorded exemption. The parcel of land on
which this request is being made is described as the NW1 NW1 NW1 , Section 23,
T5N, R65W of the 6th P.M. , Weld County, Colorado.
The property is located approximately 11 miles southeast of Greeley on Weld
County Road 45. The property contains approximately 9.356 acres of Class VIw
irrigated soil. The parcel of land under consideration is the total
contiguous land holdings of the applicant.
The request is to divide the property into parcels of 5 acres and 4.356 acres,
more or less. Mr. Burgess would like to divide the horse pasture so that
family members would have their own separate legal lots.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1. The request complies with Section 9-2C. of the Weld County
Subdivision Regulations submission requirements; and
2. The request complies with Section 9-2E. of the Subdivision
Regulations as follows:
- The 9.356 acres, more or less, under consideration will
allow uses which are consistent with the intent clause of
the Agricultural Zone District. The uses will be
compatible with existing surrounding uses.
- The proposal was reviewed by the city of Greeley and was
found to comply with their long-range Comprehensive Plan.
841018
Board of County Commissioners
Page 2
- The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land
division complies with the Weld County Comprehensive Plan.
Therefore, the proposed use is consistent with efficient
and orderly development.
- The proposal does exist in a Flood Hazard Overlay
District. Any future development will require a Flood
Hazard Development Permit.
- The proposed lots meet minimum lot size requirements for
land division.
- The Central Weld County Water District has indicated
adequate water service is available for this proposal.
- The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The two lots proposed will have adequate access from Weld
County Road 45.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be drawn in accordance with the requirements of
Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within ninety (90) days from the date of approval by
the Board of County Commissioners.
2. The mylar plat shall show an additional twenty (20) feet of reserved
right-of-way east of the centerline of Weld County Road 45.
Respectfully,
Michael S. Mullen
Current Planner
841018
FIELD CHECK
FILING NUMBER: RE 678 DATE OF INSPECTION: 4-29-84
NAME: Roger and Connie Burgess
REQUEST: Recorded Exemption on 9.356 acres
LEGAL DESCRIPTION: Northwest 1/4, NW's, NWT, Sec. 23, T5N, R65W of 6th P.M.
LAND USE: N Pasture, ditch, residence, Highway 34
E Pasture, farm residence, cropland
S Pasture, Lower Latham Ditch, residence, cropland, Latham Ditch, 2 farm resi-
dence
W WCR 45, pasture, cropland to northeast
/ONING: N Agricultural
LOCATION: Approximately 1.5 miles southeast of E Agricultural
Greeley; south of Hwy. 34 By Pass and east s Agricultural
of WCR 45 w Agricultural
COMMENTS:
Subject site is 9.356 acres of floodplain pasture; the property is within the 100
year floodplain of the South Platte River. A shed is the only improvement on the
site as well as a horse trailer. Two horses and a colt were present. The property
is relatively flat and has access to WCR 45, a gravel road.
•
BY: iGKa � /n4,t5Z.
Michael S. Mullen, Current Planner
MSM:dg
841018
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 ].0th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE 16/00, do
CASE NO. eE (078 RECORDING FEE 1..•, "
ZONING DISTRICT ft RECEIPT NO. 613/7 q 133s"8
DATE APPL. CHECKED BY /"`
,94
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I @we) , the undersigned hereby request that the following described property
be designated a recorded exemption by the Weld County Board of County
Commissioners. LEGAL DESCRIPTION: A tract of land located in the Northwest
Quarter of the Northwest. Quarter of the Northwest Quarter(NW1/4 NW1/4
NW1/4) of Section Twenty-three (23) , Township Five (5) North, Range
Sixty Five ( 65) West of the 6th P.M., County of Weld, State of
Colorado,
17� pl1
TOTAL ACREAGE: 9.356 �I �' Z'i=�! t4i[4,.
r ,
Has this property been divided from or had divided from it oth,1 i
since August 30, 1972? Yes No XX L
Is this parcel of land under consideration the total contiguouWeag/1ftimikedgdpp5Si0n
the applicant? Yes XX No
FEE OWNERS OF PROPERTY:
Name: D. Roger and Connie K. Burgess
Address: 2002 6th st . Phone: 353-1230
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger ParcelWell or Pipe Smaller Parcel Well or Pipe line
TYPE OF SEWER: Larger Parcel Septic Tank Smaller ParcelSeptic Tank
PROPOSED USE: Larger ParcelHorse Pasture Smaller Parcel Horse Pasture
ACREAGE: Larger Parcel 5.0 Smaller Parcel 4.356
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge.
COUNTY OF WELD ) n ^ _ � )
STATE OF COLORADO ) 1D(4- P,-RlY-
Signa re: 01-1-= or Authorized Agent v
SuLscribed and sworn to before me this t day of _)126y2L_, 19,1(
(SEAL)
Notary Public
�. . r... _ r ..
My Commission expires:
841018
March 20 1984
Dear Commissioners;
We wish to apply for a recorded exemption. We wish to split 9.356
acres into two tracts of 5 and 4. 356 acres.
We feel that this request is consistent with other property that
lies reasonably close to the city limits of Greeley. Many small
acreages presently abut the city limits .
We feel that. the newly split properties would be compatable with
the surrounding land uses . This area is composed of numerous small
acerages. Four of these properties, within 4 mile, are approximately
two acres.
Land development to the south east of Greeley has been, is, and
will be slow compared to other directions, as such we feel that the
proposed land division is an cxnpliance wJt1i the Weld County
Comprehensive plan, which requires efficient and orderly development
of the surrounding area. We also feel the split would be compatible
with the future development as projected by the comprehensive plan.
This property was last split in 1967.
Since this property is located within a Overlay District we would
comply with Zoning Ordinance, Section 50, and obtain a Flood Hazard
Development permit.
The proposed division would result in each piece of property having
330 feet of road frontage on WCR 45. The property is horse pasture and
would remain so if granted a recorded exemption, butif development were
to commence,: septic tanks would be installed in compliance with County
regulations . Adequate .water is avaibable through the Northern Central
Water District. There4pipeline lays 800 feet South of the property,
also the home 500 feet' North of the property has a private well.
The property is 800 feet from Colo. 34 by-pass, and presently served.
by Weld County and saf y agencies .
This property is zoned agricultural but taxed residential, becluse
it ' s under ten acres, this resulted in property taxes increasing from
$145 .00 in 1980 to 4t430 in 1983. We feel that if we are to pay the
higher rates orderly residential deae1+-rment should be permitted.
We are aware of the City of Greeley' s comprehensive plan and its
suggestion of tracts no smaller than 20 acres be permitted, but the
facts remain there are numerous smaller tracts around Greeley.
Since land development zo the South East of Greeley, has been
depressed some growth would be benefici .1..
Thank You;
62.1 ;4274-J
D. Roger Burge:
Connie E. Surges'
841018
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LEGAL DESCRIPTION \`O14.A\O1\'NW4
CASE NO. a ' QP1S a'3-S'GS
•
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SOIL CLASSIFICATION
SOIL NO. IRRIGATED NON-IRRIGATED PRIME
rooe N' 'noct
841018
CENTRAL WELD COUNTY WATER DISTRICT
March 22, 1984
D. Roger and Connie K. Burgess
20O2 - 6th Street
Greeley, CO 80631
RE : Water Service
Dear Mr. & Mrs. Burgess:
This letter is in response to your request for water service
to serve the following described property :
See Attached Legal Description
Water service can be made available to the above
described property provided all requirements of the District
are satisfied , including easements where required for District
facilities .
Central Weld County Water District requires that contracts
be consumated within one ( 1 ) year from the date of this
letter , or this letter shall become null and void unless
extended in writing by the District .
Very truly yours ,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D . Olhausen
Secretary - Manager
DDO/caa
010
2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D. auser%Manager Olh
REFERRAL LIST
APPLICANT: D. Roger and Connie K. Burgess CASE NUMBER: RE 678
SENT REFERRALS OUT: 4-3-84 REFERRALS TO BE RECEIVED BY April 27, 1984
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County Attorney (plat only) / Evans Planning Commission
--. � c/o Glen Crowson
Weld County Health Department 3700 Golden Street
Evans, CO 80620
Engineering Department 339-3476
County Extension Agent t Lower Latham Ditch Co.
c/o Sandy Vannest, Secretary
J 24..- Office of Emergency Management Box 398
Kersey, CO 80644
356-4052
` Ken McWilliams, City Planner
is
XX Greeley Civic Center
919 7th Street
Greeley, CO 80631
353-6123
J State Engineer
xx Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
841018
•
.4 4111
GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123
April 25 , 1984
Michael Mullen , Current Planner
Weld County Dept . of Planning Services
915 10th Street
Greeley, CO 80631
Dear Mike :
The Greeley Planning Commission reviewed the request by D. Roger Burgess
for a recorded exemption at its April 24, 1984, meeting . The Commission
recommended no objections to the request subject to dedication of an
additional 20 feet of right-of-way for the future development of Weld
County Road 45 as an arterial street .
Thank you for the opportunity to review and comment on this proposal .
If you have any questions pertaining to this matter , please do not
hesitate to contact me .
Sincerely , -
We y,�2
Ken McWilliams
City Planner
KM :vlp
ti
otEi!ii
Weld Co. Vlanninn Coma
841018
on OF
EVANS, COLORADO 80620
iwa A.
[[[''���\�7���------���[�"l x,3700 GOLDEN STREET POST OFFICE BOX 59 EVANS
rj1 �+(moo--j"�\1��/ Tr , FOUNDED 1569 NOME ME 1977
�\I MAY �l 1984I . % o°
April 26, 1984 L°RA
Weld to. Planning Coolwm :.o„
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
ATTN: Michael S. Mullen
RE: Referral of case no RE 678 regarding a request by D. Roger and
Connie K. Burgess for a recorded exemption.
Dear Mr. Mullen:
The subject referral was received after the scheduled Evans Planning and
Zoning Commission meeting of April 24, 1984. Therefore, the Commission has not
reviewed the request.
The Evans Planning Staff has reviewed the request in able to reply to
you prior to the April 27, 1984 dead line. The following are staff comments
and recommendations:
1. The subject property lies approximatly 2 miles east and ? mile north
of present City Limits. It is also east of the South Platte River.
2. Evans does not presently have an official Comprehensive Plan;
however, we are in the process of developing one.
3. The Planning Commission has established a preliminary five year master
plan area which has set the South Platte River as the easterly and
southerly boundary thereof.
4. Since the subject property is approximately one mile east of the
river, it would not appear to affect the City of Evans in the
fore-seeable future
Respectfully Submitted,
Galene Kane, Supt. of Planning and Building
841018
office of the city manager 339-3475 police department 339-2441 office of the city clerk 339-5344
row, _ SY >� oi�' ��- n.. � �1 / rTh - ��F,
waoiaT �su3 i ,e�o«� ExT 4t1t1
---r t h , is 1984 1 I '31510TH STREET
t F � 1 rect f__J GREELEY COLOR D 206:-
‘r, 1-II 3 g. } ' Weld Co. Planning Commission
1i_. ic
CASE NUMBER RE 678
COLORADO April 3, 1984
REFERRAL
TO WHOM IT MAY CONCERN :
Enclosed is an application from D. Roger and Connie K. Burgess
for a Recorded Exemption •
The parcel of land is described as Northwest 1/4, Northwest 1/4, Northwest 1/4,
Section 23, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been
submitted is approximately 1-1/2 miles southeast of Greeley
This application is submitted to your office for review and recommenda-
tions . Any couuuents or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations . If a response from your office is not
received within 14 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by April 27, 1984 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. i[ We have reviewed the proposal and find no conflicts with our
interests .
2. A formal recommendation is under consideration and will be
submitted to you prior to •
3 . Please refer to the enclosed letter .
Signed 1;ek.. Ain _ _. - Agency L1y/ Date 5
Michael S. Mullen, Current Planner 841018
cow
RICHARD D. LAMM /o : JERIS A.DANIELSON
Governor I`" State Engineer
2459H '* *'
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818 }"I
Denver, Colorado 80203 r;
(303) 866-3581
O 1984
April 18, 1984 'y+. On 2
Weld Co. p1gmm4 Commissim
Mr. Michael S. Mullen
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Burgess Exemption
Section 23, T5N, R65W
Dear Mr. Mullen:
We have reviewed the material submitted for the above referenced subdivi-
sion. The Central Weld Water District has been proposed as the source of
water. Unfortunately, we have no information available to determine the capa-
bility of the District. Therefore, we request that the District submit the
following information to you and this office:
1. A summary of water rights owned or controlled by the District.
2. The yield of these rights both in an average and a dry year.
3. The present demand on the system and the anticipated demand due to
commitments for service entered into by the District.
4. A map of the service area.
When this information is submitted for review, we will return comments to
the County. Until that time, we must ask that this proposal be held in abey-
ance.
Sincerely,
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/KCK:ma
cc: Jim Clark, Div. Eng.
8410'18
•
DEPARTMENT OF PLANNING SERVICES
fro \l'to(J PHONE(303)356-4000 EXT.400
q\ 915 10th STREET
GREELEY,COLORADO 80631
•
COLORADO
April 24, 1984
Dale Olhausen, Manager
Central Weld County Water District
2235 2nd Avenue
Greeley, Colorado 80631
Re: Burgess Recorded Exemption 678
Dear Mr. Olhausen:
Enclosed you will find an application packet from Roger and Connie
Burgess for a Recorded Exemption as well as a response from the
Colorado Division of Water Resources. The Department of Planning
Services would appreciate a reply to Mr. Simpson's letter and copies
of all materials submitted to the Colorado Division of Water Resources.
If you have any questions, please call me at 356-4000, Extension 44OO.
Thank you for your cooperation.
Sincerely,
Michael S. Mullen
Current Planner
MSM:dg
841018
RECORDED E.7EMPTION N° 09'1 - 23- 2- RE• 678
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841018
VICINITY MAP
Scale: 111= 2000' FREESE ENGINEERING 1984-70
RECORDEp EX:MPTION N° 096: 23 - 2 - RE-678
firLEGAL DESCRIPTION P
7- 3 /a Y
A tract of land located in the Northwest Quarter of the Northwest Quarter of the North—
west Quarter (NW' NW1/4NW'4) of Section 23, Township 5 North, Range 65 West of the Sixth
Principal Meridian, Weld County, Colorado, being more particularly described as follows:
Beginning at the Northwest Corner (NW Cor) of said Section 23 and considering the West
line of the Northwest Quarter (NW') of said Section 23 to bear north 00°29'05" East with
all bearings contained herein relative thereto;
Thence South 89°53'54" East along the North line of the NW'NW%NW'4 of said Section 23,
650.33 feet to the East line of the NW'NW'-,NWti of said Section 23; Thence South 00°23'42"
West along said East line of the NW1NW4NWZ of said Section 23, 628.02 feet; Thence North
89°34'56" West, 651 .30 feet to the West line of the NW'4 of said Section 23; Thence North
00°29'05" East along said West line of the Northwest Quarter (NW') of Section 23, 624.44
feet to the Point of Beginning.
The above described tract of land contains 9.356 acres.
LEGAL DESCRIPTION
LOT "A"
Part of a tract of land located in the Northwest Quarter of the Northwest Quarter of the
Northwest Quarter (NW%NW Wti) of Section 23, Township 5 North, Range 65 West of the
Sixth P.M. , Weld County, Colorado, being core particularly described as follows:
Beginning at the Northwest Corner (NW Cor) of said Section 23 and considering the hest
line of the Northwest Quarter (NWo) of said Section 23 to bear north 00°29'05" East with
all bearings contained herein relative thereto;
Thence South 89°53'54" East, 650.33 feet;
Thence South 00°23'42" West, 300.00 feet;
Thence North 89°53'54" West, 30.00 feet;
Thence North 00°23'42" East, 8.72 feet;
Thence North 89°53'54" West, 620.79 feet;
Thence North 00°29'05" East, 291.28 feet to the Point of Beginning.
Said described parcel contains 4.356 acres, more or less, and is subject to any rights-
of-way or other easements as recorded by instruments of record or as now existing on
said described parcel of land.
SURVEYOR'S CERTIFICATE
.474C-R °FRE
I hereby certify that I have prepared this legal description. AsZ,�°.kts_R•o°FS•f",,
�0 4
2
J S R F I, i`,, 2•'
C or o P.E. & L.S. 439rt �": 'E, el
.'.,.� - P
PROPERTY OWNERS' APPR ` ...OF COs-
va.r.ri<
We, Roger Burgess and Connie Burgess, being the sole owners in fee of the above des-
cribed property do hereby subdivide the same as shown on the attached map.
U V is N . t..J,6 . 1 00 i11lVvC (t l r\.._
Roger Burg ss Connie Burgess
The foregoing certification was acknowledged before me this 2 , ,i 22"��
day of .,,,,„,,_
1984. Witness my hand and seal.
My Commission expires: Y-4J ict ra,,-,--1: lir. ,
Notary Public J
COUNTY COMMISSIONER'S CERTIFICATE
The accompanying plat is accepted and approved for filing.
ATTEST: , 0 J
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MelCHAIRMAN � •s�_`-
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