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Home My WebLink About830868.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 607 - ROBERT AND THEODORE RADEMACHER 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, it has been determined by the Board of County Commissioners at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 607 , being the property of Robert and Theodore Rademacher, described as part of the Northwest a, Section 23 , Township 3 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, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the hereinabove described parcel of land owned by Robert and Theodore Rademacher be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the applicant submitting a mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be sub- mitted within ninety (90) days from the date of .approval by the Board. U30000 Page 2 RE: RE #607 - ROBERT AND THEODORE RADEMACHER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D. , 1983. /- BOARD OF COUNTY COMMISSIONERS ATTEST: CL7 7Q ztni WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman Bpi C �i C S eputy County Clerk J T. Martin, Pro-Tem APPROVED AS TO FORM: Gene R. Brantner e County Attorney Norman Carlson cque ne Jo n DAY FILE: May 16 , 1983 830868 DEPARTMENT or PLANNING SERVICES PHONE (303) 3564000 EXT.404 915 10TH STREET o GREELEY,COLORADO 80631 C. 1 May 11, 1983 COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #607 Dear Commissioners: The attached application, plat and related items are in reference to a request from Robert and Theodore Rademacher for a recorded exemption. The parcel of land on which this request is being made is described as part of the NW4, Section 23, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1.5 miles southeast of Mead on the I-25 Frontage Road. The property contains approximately 158.366 acres of Class I, II, III, IV and VI irrigated and III, IV and VI nonirrigated soils. The request is to divide the property into parcels of 148.366 acres and 10.0 acres, more or less. The applicants would like to separate the parcel that is zoned "C-3" (Commercial) from the remaining acreage zoned "A" (Agriculture) . 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 9-2 C. of the Weld County Subdivision Regulation submission requirements. 2. The request complies with Section 9-2 E. of the Subdivi- sion Regulations as follows: 830868 Board of County Commissioners May 11, 1983 Page 2 - The 158.366 acres, more or less, under consideration will allow commercial and related uses to be the predominant uses on the smaller parcel and agricultural and related uses to be the predominant uses on the larger parcel. These uses will be compatible with existing and surrounding land uses; - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land divi- sion complies with the Weld County Comprehensive plan, there- fore, the proposed use is consistent with efficient and orderly development; - The proposal does not exist in an overlay district area; - The proposed lots meet minimum lot size requirements for land division; - The Little Thompson 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 Roads 91 and 32; - The Weld County Health Department has indicated that both lots will have adequate sewage capacity provided and that the applicant meet the septic conditions as noted on case number Z-378. The Department of Planning Services staff recommendation for approval is conditional upon the applicant submitting a mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board. Respectfully, 4 ) 61 Greg xpnfeld Current Planner GO:rg 830868 FIELD CHOCK FILING NUMBER: RE 607 DATE OF INSPECTION: 4-28-83 NAME: Robert and Janice Rademacher REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NWT, Sec. 23, T3N, R68W of the 6th P.M. LAND USE: N Farmland E Farmland Farmland W I-25 CONING: N Agriculture LOCATION: approximately 1.5 miles southeast E Agriculture of Mead S "A" and "C-3" W "A" and "C-3" COMMENTS: The parcel is currently irrigation farming with one set of improvements on the southeast corner of the proposed Lot B. Adequate access is available off of Weld County Road 32. BY: a(QC)aie4 Greg 0 e feld, lanner 830868 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext. 400 Department of Planning Services , 915 10th Street, Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : o.) L ) ¶-APPL . F E CASE N0 . RE 101 ‘,/ 1 ! ' R CORDING E O7 „„k ZONING DISTRICT A C3,1 CEIPT NO. 1i7CcLf c5675Y DATE Weld Cu Planning Commission APPL . CHECKED BY /hSt"- 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 : (SEE DESCRIPTION ATTACHED) TOTAL ACREAGE : 158.366 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X FEE OWNERS OF PROPERTY : Name : Robert M. Rademacher and Janice M. Rademacher Address : 13774 I-25 Access Road, Longmont, CO 80501 Phone : 535-4919 Name : K & C Development Company Address : 1331 Main, Longmont, CO 80501 Phone : Name : Theodore A. Rademacher Address : 145999 WCR 91/2, Longmont, CO 80501 Phone : 535-4936 WATER SOURCE : Larger Parcel Little Thompson Smaller Parcel Little Thompson TYPE OF SEWER : Larger Parcel septic Smaller Parcel septic PROPOSED USE : Larger ParcelAgricultural Smaller Parcel Commercial C-3 ACREAGE : Larger Parcel 148.366 Smaller Parcel 10.00 EXISTING DWELLINGS : (Yes or No ) no (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 STATE OF COLORADO ) 11.../4-7,._ 4, !` rz. Signature : Owner or A1uthorizeed' Agent Owners and agents for K & C Developmentco. Subscribed and sworn to before me this 29th day of March 19 83 (SEAL ) Notary ub 1 IQ— �lylnMna _ Address: 630 Greeley National Plaza Greeley, Colorado 80631 May 26, 1986 My Commission expires : 830868 viz 12?dS DINNER, HELLERICH AND LAZAR ATTORNEYS AND COUNSELORS AT LAW MELVIN DINNER 630 GREELEY NATIONAL PLAZA THOMAS E.HELLERICH GREELEY,COLORADO 80831 MICHAEL A.LAZAR IJOJI 06E-2081 CHARLES J. CONNELL March 29, 1983 Weld County Board of County Commissioners Weld County Planning Commission Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Part of the NWT of Section 23, Township 3 North, Range 68 West of the 6th P.M. Dear Members of the Board of County Commissioners, Planning Commission and Department of Planning Services: Our office represents the applicants, Robert Rademacher and his wife, Janice Rademacher, Theodore Rademacher and K & C Development Company, the owners of the above described property which has recently been rezoned from "A" Agricultural to Commercial C-3 zone. Hearings were recently held before the Planning Commission and the Board of County Commissioners of Weld County and ten acres now designated as Lot A in this recorded exemption was approved for zoning as Commercial C-3 zoning. This request for a recorded exemption on behalf of the petitioners separates the ten acres which is now zoned Commercial C-3 in accordance with a sale of the property to K & C Motor Company, Inc. of Longmont, Colorado, and in conformance with the rezoning which has recently been approved. As was set forth in the rezoning petition, this request is consistent with the Comprehensive Plan as adopted by Weld County, due to the changing conditions and circumstances surrounding the property. This property is located near the intersection of Colorado Highway 66 and I-25 frontage road. As indicated in the rezoning application, K & C Motor Company is a licensed dealer in large motor homes and recreational vehicles. It was established at the rezoning hearings that the conditions surrounding this property are Sekich Equipment Company and the Sekich development to the north of Colorado Highway 66 and east of Interstate I-25. The Sekich Industrial Park is now zoned Commercial C-3 and Industrial I-3. The uses allowed on the 10-acre Commercial C-3 which is a part of this recorded exemption petition are consistent with the uses in the Sekich Industrial Park. The Board of County Commissioners in the rezoning hearing have previously confirmed that the uses which will be allowed are consistent with the present development and the future development in the surrounding area. 83086 ' Weld County Board of County Commissioners Weld County Planning Commission Department of Planning Services March 29, 1983 Page 2 At the time of the hearings on the change of zone the nearest town, Mead, Colorado, indicated that it had no objections to the change of zone and the uses involved in that change of zone to Commercial C-3 and had no plans for development or expansion to the east side of Interstate I-25. The above described property is not located within any overlay district area identified by the maps officially adopted by Weld County, and therefore the applicants do not have any further requirements under Section 50, Overlay District Regulations. The proposed lots in the recorded exemption petition will have adequate water supply through Little Thompson Water District and adequate access to road facilities in that Lot A, which is now zoned Commercial C-3, abuts the frontage road for Interstate I-25. There are no known additional requirements to upgrade the road and state highway facilities. The proposed lots will have adequate disposal of sewage through adequately engineered sewage treatment systems, as indicated in the engineering report of Rocky Mountain Consultants, Inc. , a copy of which is attached to this correspondence. The applicants respectfully request that the application for a recorded exemption be approved by Weld County. Res ctfully submitted, THOMAS E. H LERICH Attorney at Law TEH/ss Enclosure 830868 /r RECORDED EXEMPTION NO. THE NW 1/4 OF SECTION 23, T3N, R&M OF THE 6TH P.M.,WELD COUNTY, COLORADO NW COR. SOOp46'i¢7"E EXCEPTION TO SEC. 23 Y WELD COUNTY NI/4 COR. -0 SL' QQ �BK.IB74 P307 SEC.OL O PcApB N89°50531E }301381.66' COUNTY ROAD � / PD.BOLT '° 1-- N89°0247°E 1214.83' - r° � LINE . .....----- NORTH , I/2" PIN U1 NW I/4 I/! PIN I/!' PIN x.00' il W/C4P N W/CA► W/CAP p 30' ROAD R.O.W F BOOK 06 PAGE 273 I 30Li 5O' ROAD R.O.W. i N i4—BBOOOKR00 MO[ 273 • Je Ill 1 BOOK 1024 PAGE 100 F\ I N. . W=I 10 N f` LOT B NII2 N I 3 it 148.366! ACRES i a o I _3 O I G: 0 1` O SET NQ 5 F- N) O ( PINB CAP to 2 p 111=5001 .)89°as'zq"w El gSET DATE PREPARED' PIN NO. 0 U �� PIN B CAP I i JAN. 17, 1983 I % 30'ROAD RAW. 1 re BOOK 00 PAGE I-m LOT ; I . m A Y m m 10.000! W 30>� I ACRES ' S 5000' P N• CAP SO I4 LINE i 'I 460�G� +. 2103.01 __ I I S89°46 20 W 2619.70' ET Na 5 CENTER WI/4 COR. PIN • CAP SEC. 23 SEC. 23 1/2" PIN & T3N, REBW CAP PD.N"PKM' R68W LOT 11A11 - 10.000 ACRES NAIL 1,,-- LOT II B II -L_______,_48.366+ ACRES (.. ) TOTAL - 158.366*ACRES 15 ir Y L R . 32 � \ T3N MULLIGAN RESERVOIR 22 \`\ 23 ..\\I\` in I', el 2/ O U! . N 810868 LOCATION MAPAr is it 2000 882-3127 I RECORDED EXEMPTION NO. I, , LEGAL DESCRIPTION That portion of the Northwest one-quarter of Section 23, T3N, R68W of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the West one-quarter corner of said Section 23; thence along the West line of the Northwest one-quarter of said Section 23, NOO° 16' 52" W 2666. 92 feet to the Northwest corner of said Section 23; thence along the North line of the Northwest one-quarter of said Section 23, N89°50' 53"E 1381 .66 feet; thence SOO°46' 37"E 52.00 feet; thence N89°02'47"E 1214.93 feet to a point on the East line of Northwest one-quarter of said Section 23; thence along said East line, SOO°46' 37"E 2628.60 feet to the center of said Section 23; thence along the South line of the Northwest one-quarter of said Section 23, S89°46'20" W 2619.70 feet to the point of beginning, containing 158. 366 acres more or less. . I -SURVEYOR' S CERTIFICATE , ' I hereby certify that this plat was prepared under my supervision - ! is correct to the best of my knowledge and belief. 1i. -444- .:4''ki..,. /4.:-/-:414.,,,-e=- 7-, We, the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. The foregoing certification was acknowledged before me this - day of A.D. , 19 . My Commission Expires: Notary Public: Witness my Hand and Seal The accompanhg plat is accepted and approved for filing. 4 CHAIRMAN OF THE $OAkD OF COUNTY COMMISSIONERS ATTEST: County Clerk 1 By -- 830868 Date EL ,. ..•...i..,... __ . ... 2 OF 2 882-3127 LEGAL DESCRIPTIONT kLOc '& CASE NO. 42 .� 32 $17 33 ; + I 82 23 79 O,15 "9%1? 79 83 79 P SOIL CLASSIFICATION NEW NO. IRRIGATED NON — IRRIGATED 4 - �c'�c ?Ma • . `'�L. .. - - -- t . £ e i# • J ;'t 4 _ ti .5i o- 4.1'. t r 1 1'^ ,. si 5�p" Ess. pt Hello