HomeMy WebLinkAbout830858.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 594 - GARY SCHNEIDER
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 Com-
missioners 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. 594 , being the property of Gary
Schneider, described as the South ?, Northwest a, Section 21 ,
Township 5 North, Range 65 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 defi-
nition 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 Gary Schneider 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 following: 1) that an additional 10 ' right-
of-way along 1st Avenue (Weld County Road 41) be designated and
shown on the RE plat before recordation by the office of the Clerk
and Recorder for the purpose of proposed future highway expansion
by the City of Greeley; and 2) that the applicant submit 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.
830850
Page 2
RE: RE #594 - GARY SCHNEIDER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: `' WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,
and Clerk to the Board Chuck Carlson, h'airman
77- 77
Deputy County erk Jiihn T. Martin, Pro-Tem
APPROVED AS TO FORM: Excused
Gene R. Brantner
617,Pree--0 5;?S-0 >764—vw1/4.eu-- a-das---
ounty Attorney Norman Carlson
Ja que 'no o nson
DAY FILE: March 21 , 1983
E'n0858
DEPARTMENT OF PLANNING SERVICES
PHONE (3031 356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
March 10, 1983
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Recorded Exemption #594
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Gary Schneider for a recorded exemption. The parcel of land
on which this request is being made is described as the South 1/2, Northwest
1/4, Section 21, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado.
The property is located adjacent to East Greeley on 1st Avenue (Weld County
Road 41) . The property contains approximately 79.865 acres of Class I, II,
IV, VI and VII irrigated and Class VI and VII nonirrigated soils.
The request is to divide the property into parcels of 76.865 acres and
3.0 acres, more or less. The applicant would like to sell the existing
improvements on the 3.0 acre parcel and farm the remaining 76.865 acres.
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 Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
The proposal was reviewed by the City of Greeley and
was found to comply with their long-range Comprehensive
Plan.
F`'0858
Board of County Commissioners
Page 2
March 10, 1983
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 not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- The Division of Water Resources 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
1st Avenue (Weld County Road 41) .
- The Weld County Health Department has indicated that both
lots will have adequate sewage capacity.
The Department of Planning Services staff's recommendation for approval is
conditional upon the following:
1. That an additional 10' right-of-way along 1st Avenue (Weld County
Road 41) be designated and shown on the RE plat before recordation
by the Office of the Clerk and Recorder for the purpose of proposed
future highway expansion by the City of Greeley.
2. That the applicant submit a myler 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.
Re7ectfull ,
Greg Ox:nfeld, lanner
GO:dg
r00458
FIELD CHECK
FILING NUMBER: RE-594 DATE OF INSPECTION: March 11, 1983
NAME: Gary Schneider
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: S1 NWT, Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado
LAND USE: N Agricultural
E Agricultural/Industrial
S Agricultural
W City of Greeley
ZONING: N
LOCATION: adjacent to east Greeley City E ++R1++
Limits on 1st Avenue (Weld County Road 41) S ++R_1+,
W +'R-1'+
COMMENTS:
The parcel currently has one house with a set of farm improvements. The remainder
of the parcel consists of farmland.
4Y:
Greg 6C6nf eld, urrent Planner
GO:rg F-'0858
APPLICATION FOR RECORDED EXEMPTION
• PHONE : 356-4000 Ext. 400
' Department of Planning Services , 915 10th Street_, Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : p
APPL . FEE 413'
CASE NO . k C 99 51 _ RECORDING FEE 6100
ZONING ��] -41 RECEIPT NO . /2672/ C/33
9,0
DATE APPL . CHECKED BY
FEB 16 1bC3
TO BE COMPLETED BY APPL1T'ANT : ( Print or type only except for required
Weld Co. Planning Commission signatures )
I (w,ec)c, 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 attached legal description. )
TOTAL ACREAGE : 79.865 acres
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 : Gary Schneider
Address : 1819 1st Avenue , Greeley, CO 80631 Phone : 353-5186
Name :
Address : Phone :
Name :
Address : Phone :
(City Water also available on both Parcels )
WATER SOURCE : Larger Parcel Well Smaller Parcel Weil
TYPE OF SEWER : Larger Parcel None Smaller Parcel Septic
PROPOSED USE : Larger Parcel AgricplturalSmaller Parcel Residential
ACREAGE : Larger Parcel a6r865 Smaller Parcel 3 acres
EXISTING DWELLINGS : (Yes or No) No (Yes or No) Yes
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 )
Signature : wner or Authorized Agent
Subscribed and sworn to before me this / -td day of 0.1/
196i.3 .
( SEAL )
•
Notary ub is
Set 28-Let LirAx. t "Jar
rs - ne ,O-LeALIteo Eo6or e70858
My Commission expires :
SHADE, DOYLE, KLEIN, OTIS, SHAHA & FREY
ATTORNEYS AT LAW
SUITE 300
RICHARD N.DOYLE GREELEY NATIONAL BANK PLAZA GREELEY TELEPHONE
HENRY C.FREY GREELEY,COLORADO 80631 (3031363-6700
ROGER A.KLEIN
FRED L OTIS DENVER METRO TELEPHONE
WILLIAM E.SHADE
BRYAN D.SHAHA 13031659-7576
January 24, 1983
Weld County Commissioners
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption for Gary Schneider
Dear County Commissioners:
The following statements are made in support of the request of
Gary Schneider for a Recorded Exemption:
1. Purpose and Nature. Gary Schneider proposes to split three
acres out of his 79.865 acres as shown on the attached Plat.
Gary has a buyer for the three-acre parcel and the land
division will allow him to complete the sale. The remaining
76.865 acres has no buildings on it at present, although it may
be prime industrial ground in the future. The properties on
both sides of the subject property are now zoned industrial so it
appears to be only a matter of time until the subject property is
rezoned from its current status as agricultural. I should also
point out that the property borders 1st Avenue, so that it is
directly adjacent to the City of Greeley. Gary has a purchaser
ready and willing to purchase the three-acre parcel. The
purchaser is the same person who has rented the property for
several years, so no unexpected changes in use appear likely.
2. Consistency with Weld County Comprehensive Plan. While it
is true that the purpose and intent of the comprehensive plan is
to preserve prime agricultural land, it is also true that the
subject property is adjacent to the City of Greeley and borders
on property zoned other than agricultural at present. It does
not appear to disrupt the overall comprehensive plan to allow
this exemption to proceed.
3. Consistency with Intent of Present District. As explained
above, the subject property is now zoned agricultural but is
located adjacent to the City of Greeley, and there appears to be
a change of conditions in the area. Also, I should point out
that there will continue to be the same number of farmable acres
since we are only removing the improvements. A Greeley area
person could continue to farm the property since it is so close to
the City of Greeley, without the improvements which are now
located on the site.
4. Compatibility with Existing Surroundings. Essentially,
nothing will change. The improvements are being severed from
6147,0858
Weld County Commissioners
January 24, 1983
Page 2
the farm, which will not unduly disrupt any of the surrounding
uses, particularly the industrial uses.
5. Compatibility With Future Development. Again, nothing will
change since the request is that we sever the existing improve-
ments from the farm. Future development will occur without
disruption on the remaining 76.865 acres.
6. Consistency With Orderly Development. See answer to Paragraph
5.
7. Compliance With Overlay District Regulations. To the best
of applicant' s knowledge, the property is not within any Weld
County Zoning Ordinance Overlay District.
8. Deed. A copy of the Deed by which Gary Schneider took an
interest in this property is attached hereto, and includes an ac-
curate legal description of the property.
9. Other Information. I will be happy to submit any additional
information requested by the Department of Planning Services.
10. Application Fee. I am attaching my Trust Account check
in the amount of $95 for the recording fee and an additional Trust
Account check in the amount of $6 to record the Survey and Legal
Description.
11. Sketch Plan and Certificate of Conveyances. I am attaching
a Sketch Plan and a Certificate of Conveyance furnished by Stewart
Title of Greeley.
In addition to the above, I should point out that there is water
and sewer available from the City of Greeley in close proximity
to the property.
Sincerely,
Fred L. Otis
Attorney at Law
FLO:rah
Enclosures
F' 0858
SHADE, DOYLE, KLEIN, OTIS, SHAHA & FREY
ATTORNEYS AT LAW
SUITE 300
RICHARD N.DOYLE GREELEY NATIONAL BANK PLAZA GREELEY TELEPHONE
HENRY C.FREY GREELEY,COLORADO 80631 (3031 353-6700
ROGER A.KLEIN
FRED L.OTIS
WILLIAM E.SHADE DENVER METRO TELEPHONE
BRYAN D.SHAHA (303)659-7576
February 21, 1983 •
6-;
11lelll 1y
J
Mr. Greg Oxenfeld Current Planner
Department of Planning Services Co. P�agnipg Cn
915 10th Street m�;ss;al
Greeley, Colorado 80631
Re: Gary Schneider Recorded Exemption
Dear Mr. Oxenfeld
Thank you for your letter of February 18, 1983. I will plan to
be at the Greeley Planning Commission on March 8, 1983, at 1:30
p.m. , and am so advising my client. I would appreciate it if
you could continue the March 16, 1983, Commissioner hearing for
one week. I am planning to be out of state from March 11, 1983,
until March 21, 1983.
Prior to rescheduling, please call me.
Sincerely,
7
Fred L. Otis
Attorney at Law
FLO:rah
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8"0858
REFERRAL LIST
APPLICANT: Gary Schneider CASE NUMBER: RE-594
SENT REFERRALS OUT: Februagy 18, 1983 REFERRALS TO BE RECEIVED BY March 9, 1983
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■ County Attorney (plat only) Ken McWilliams, City Planner
City of Greeley
Weld County Health Department City Complex
919 7th Street
Engineering Department Greeley, Colorado 80631
XX
County Extension Agent
■ Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
■ Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
State Engineer
X 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
6 70858
RECC :WED EXEMI TION
NO. , 9r
SHEET 2 OF 2
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6'1)858 PROJECT NO
McRAE & SHORT, INC. 1227-8th Avenue 0,..l.y. Colorado 80631 8/030
RECCADED EXEMF TiON
NO.
SHEET 1 OF 2
DATE : MARCH 24, 1983
OWNER: GARY SCHNEIDER
27655 WELD COUNTY ROAD NO. 47;1/2
GREELEY, COLORADO 80631
'an 41/ °,r
LEGAL DESCRIPTION , �/�
THE SOUTH HALF OF THE NORTHWEST QUARTER; SECTION 21, TOWNSHIP 5 NORTH, RANGE 65 WEST OF
THE SIXTH PRINCIPAL MERIDIAN , WELD COUNTY , COLORADO.
OWNER'S CERTIFICATE
GARY SCHNEIDER BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE
THE SAME AS SHOWN ON THE ATTACHED MAP.
GARY SCHNE;Ai R
NOTARIAL CERTIFICATE
STATE OF COLORADO )ss
COUNTY OF WELD )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS e54DAY OF /l�..u-F-a' • , A. D. ,
1983 BY GARY SCHNEIDER.
MY COMMISSION EXPIRES : ?Y S� ‘
WITNESS MY HAND AND SEAL• �� „/ /9.7
NOTARY PUBLIC
J
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON MARCH 24, 1983, UNDER MY SUPERVISION
AND THAT THE SeAME:ICORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
LSI,......8 :G4i
vYjLFc� cAnt ae- �'�-G
E i
*i (616 •* GERALD B. McRAE , PROFESSIONAL ENGINEER AND
; LAND SURVEYOR, COLORADO REG. NO. 6616
tcrA'A o
9 F S;FO�
n000
COUNTY COMMISSIONERS CERTIFICATE
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVE FOR �,iLING.
ATTEST: f? ' • n. -7 *•l•.._r± ^�Jl�//
OUNT 7 CLERK CHAIRIRAN , BOARD OF COU Y COMMISSIONERS
�
BY •
. D • 3- Y c ft:A ay
. r _ 810858
McRAE & SHORT, INC. 1227 - 8th Annul Greeley. Colorado 80631 8/030No
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