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Home My WebLink About830848.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 584 - FRANKLIN AND HELEN ZADEL 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. 584, being the property of Franklin and Helen Zadel, described as part of the 51/2 S1 NWa, Section 23, T2N, R67W 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 of Weld County, Colorado that the hereinabove described parcel of land owned by Franklin and Helen Zadel be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 19th day of January, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: r.a(t ," .`r, n/ WE COUNTY, C RADO if Weld County Clerk and Recorder (AYE) and Clerk to the Board lids Carlson, Chairman B (Pi--w ,4C� l?>ESA./ `1-t L , 7- l.2 J ii%.2{<a (AYE) -- Deputy County-Clerk J ' T. Martin, Pro-Tem APPROVED AS TO FORM: I'ue r ssti,tiL_ (AYE) C4 � Gene R. Brantner id90 7 (/ 4 C- EXCUSED DATE OF SIGNING ( YE) County Attorney Norman Carlson (NAY) Ja qu ' ne Joh s n 830848 DATE PRESENTED: January 24 , x_983 i DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 January 19, 1983 COLORADO • Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #584 Dear Commissioners: The attached application, plat and related items are in reference to a request from Franklin and Helen Zadel for a recorded exemption. The parcel of land on which this request is being made is described as part of the 81 Sk NW' , Section 23, T2N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.5 miles northwest of Fort Lupton off of Weld County Road 21. The property contains approximately 15 acres of Class III, IV and VI irrigated soils and IV and VI nonirrigated soils. The request is to divide the property into parcels of ten (10) acres and five (5) acres, more or less. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 1. The proposed request does not comply with the Weld County Comprehensive Plan because it would promote nonagricultural use of agricultural land and it would encourage urban encroach- ment on rural land use. 2. It is the opinion of the Department of Planning Services staff that in the vicinity of the proposed recorded exemption, develop- ment has reached a level where the continued division of parcels would evade the intent of the Weld County Subdivision Regulations. (see attached Exhibit 1) The principal purposes of the Subdivi- sion Regulations of concern to the Department of Planning Services staff are as follows: 830848 Board of County Commissioners January 19, 1983 Page 2 - To assist orderly, efficient and integrated development. - To promote the health, safety, and general welfare of the residents. - To ensure conformance of land subdivision plans with the residents. - To ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. - To encourage well planned subdivisions by establishing adequate standards for design and improvements. - To assure the planning for and provisions of an adequate and safe source of water and means of sewage disposal. 3. It is the opinion of the Department of Planning Services staff that the request is not in compliance with Section 9-2 E. (c) of the Weld County Subdivision Regulations. - The subject property is located 2.5 miles northwest of Fort Lupton's City Limits and west of the South Platte River. Because of the distance from the town and the location across the river, future development of this site and surrounding area is intended to remain agricultural in nature. 4. The County Comprehensive Plan urges residential development to be closely connected to and served by municipal utilities, and towns should be encouraged to service new developments within a reasonable service area from the town. The plan further indicates subdivision of land should conform to the overall development goals and policies. It is the opinion of the Department of Planning Services staff that the proposal is not consistent with the intent clause of the "A" (Agricultural) Zone District which states: "Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The "A" District is established to maintain and promote agriculture as an essential feature of Weld County. The "A" District is intended to provide areas for the conduct of agricultural activities and activities related to agricultural and agricultural production without the interference of other incompatible land USES. The "A" District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a 830848 Board of County Commissioners January 19, 1983 Page 3 potentially greater impact than Uses Allowed by Right. The "A" District regulations are established to promote the health, safety and general welfare of the present and future residents of Weld County". The parcel under consideration is one of several which has resulted from piecemeal development in the area. This has resulted in the creation of uncontrolled and undirected rural residential tracts. The potential of another residence and further subdivision of the ten (10) acre parcel at a future date should not be encouraged through approval of this request. 6Res ectfully ubmittie) ine Grree: Ox nfeld Current Planner GO:rg 830848 ,.' .r " f� : T �� ',.$ wr !'k t� ,r i o14.� Y �'➢4 �t•-•=f„, at a �y�dto. ,,� ,,,r..,:g..-, 4 r ,A'' • to > a,.Y t e.t„geltk p^g 'a4"' a. j '41 ..� S • 4 4 $ M1 . r. a 4 4�` d r r + o a n+ +e y i . * r ti yjY`r`r"•..,->,4:„---- f:. •. Ate } g114 s a t y.. ..4 , • S4„ ut'" r,' ' Kam ,,, f p Rr.t I 3 � K •Y ,.l' M ' k � i�i �� ..w ')t '4,lliM1VY Mh#yt v'fi#c • N L F7 ,rr '.iy-rry �I p. • • 4 f�v (..'4:44':-4> r 2 +tt 1• 'T-.4 rte d. ti... of % ga •• tt• h:' • •`:.i! era .rvLH x � Jf,.. '+F+ J it . t i. T uJ * ` + , es q w � .. { �,. i salmi .a { qy. .. rr. h • y'y e. . A11,1',,' .R I V iF } y g A'11. ^ X :::::::7.,..7•..... T A � / u q�d 3' 'a.+:at:,:rs"a.wirva..a,.d,m.rrtwv• edA2+' ' . • 4 7• •• • ., tt .�$3,�99 t .,,..., a ,hv�l kp,�._ r - • ry 8 h• 3'9 A -„ vt af, t ^shad ,C p - R • t' _ x • ., . 4 '' • • ‘• :--= . - :,,,,,.".., a k cct w 830848 FIELD CHECK FILING NUMBER: RF 584 DATE OF INSPECTION: January 13. 1983 _ NAME: Franklin & Helen Zadel REQUEST: RE LEGAL DESCRIPTION: Pt. S;S;NWa Sec. 23, T2N, R67W, 6th p.m. LAND USE: N Farmland E Farmland S Turkey Farm W Residential/Farmland ZONING: N Agricultural LOCATION: Approx. 2 miles E Agricultural Northwest of Ft. Lupton $ Agricultural off of WCR 21 w Agricultural COMMENTS: There is a poorly maintained access to the parcell off of WCR 21 . Currently there are 6 residential dwellings using this access. The improvements on the parcel consist of one house, garage, barn and the remainder of the parcel is pasture. BY: / Greg 0 e eld,, Cu ent Planner 830848 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext. 400 Department of Planning Services , 915 10th Street, Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEElkg5.00 CASE NO. RE. - 5$4 RECORDING FEE •ZONING DISTRICT 'c�c. \\.UxA\ RECEIPT NO. r2(PI5 DATE yhlpq,( 30 'tSZ APPL .V), l CHECKED BY CA-c.. 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 : The East 990 feet of the West 1320 feet of the S of the S of the 1 ?3 1' Sec+son 23, Township 2 -Worth, Pance 67 West of the 6th P.M.TOGETHER WITH non—exclusive easement over and across the Furth 30 feet of the SL of the Sw of the Liir4 and the South 30 feet of the 1h. of the S of the 1NW of said Section 23. TOTAL ACREAGE: 15 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No xx FEE OWNERS OF PROPERTY : Name : Franklin C. Zadel and Helen W. Zadel Address : 217 First Street It. Lupton, Colo Phone : 857-6590 Name: Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel I-•I'I•c.W.L• Smaller Parcel Well TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE : Larger Parcel G._ricultural Smaller Parcel ALricultural ACREAGE : Larger Parcel 10 acres Smaller Parcel 5 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 ) �� x . � Signature : Ow er or Authorized Agen Subscribed . and sworn to before me this -" day of, 19 (yPJ . of/they/7)4,4)Fm/keya , (SEAL ) Nota`hy Public D E L � ty ° i n s , 4 . /GEC- ] � M ommission expires : DEC 301982 SJO848 L Wald Co. Planning Commission December 29, 1982 To Whom it May Concern: This request for a recorded exemption is being made in order to divide this particular 15 acre property into one 5 acre parcel and one 10 acre parcel . It is consistent with the Weld County Comprehensive Plan in that the use for the area, which is currently agricultural will be preserved and enhanced by this request. Since the sandy soil in this area is not very conducive for crop production, we feel it could be put to a better use by creating properties more suited for the raising of a minimum number of livestock . This use is also supported by the lack of irrigation water for growing crops . This use would also benifit the surrounding areas through better dust, weed and insect control than is currently available. The proposed uses would be very compatable with the sur- rounding land uses . Adjoining on the west area two 2 acre parcels and on the west side of Weld County Rd. 21 there are several other small acreages. This is also true to the north and east of the subject property. To the south, the land is also being used for livestock in the form of a poultry facility. The proposed use would also tend to insure that the uses of the area stay agricultural because the proposed uses are agri- cultural . As shown by the attached sketch, this proposal is very orderly and straight forward and is consistent with development in this area. The property is easily accessible to Weld County Rd. 21 over the recorded easement on the north side. The proposed water supply for Lot " B " is a water tap in the Central Weld County Water District System which the applicants will transfer and install on the side. The parcel is also suf- ficiently large and the soil is conducive to the use of a septic system for the sewage disposal needs. e ?" . 830848)( 1 reel K A- i 0 I ,h , t1 O1/4.z e+ •• • 1 tA 1 49 k k ''••i I kk. 1 41 4 O LL 1.... V O Q o c o Z t "< rl V 4 C11:7• Q n1 0 1t? 4 l e QVoW A 1 Nno) 073M t I I 111333nnn 4'._, Yl i) ��t r >` I ti y( �°N 3 { r '1(. x 's v'• k �ty l d.�v.yy��c.. -!f-, at ,f Ya4 � h5 '3.„' ,,, ,. -, S ~�'' „-4,,,,,,,,,t y 4 »'," C • } ;SF g#v . ' ' ¢ rye 830848 LEGAL DESCRIP � ION� . CASE NO. Sec-'� —a —b� 69 + 44 w70 2 9 7A 1 70 72 y w ¢. � a 4 ea iliftsines SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED AA- C` \ 830848 1 4 I7 EiY ..cf1 1'V -� - 4 firi.Yz ;-vsar ' mbrs.IMAL ., I": .,.L---- --..._^..xv mac:.-=ar=rx -^^� RECORDED EXEMPTK., 4 NO. 1311 - 23 - 2 -- ,- E 584 r.� '.r 'C-•:^.'s.ST-.s WT..haMV cr9cs:TJIDY-'-.7 . `.26 c-- N -,c'c.7asUMMTVII �S-^s y'�s'[�XIIIWs�3 1Sz fi'asLS.aa.: nM:,• t;n cor.sec 23. ROAD 20 N 1/4 Cor. Sec.23 1 1 (REC. EX. NO. 131I-23-2-RE al) I I N1 I I v f I 1 i +a 0 In O I I I 30'Non-exclusive over & "y across Easement ci°v O 1320.00 990.00 M 1 ` y N89°33'38"W N O 330.00 - -0- 330.00 660- __ _� — 1 to �J `10'POWER LINE ESMT. I in Book 633, Rec.1554931 IE 0 0 m LOT A w LOT BNO • I plc) 3 e, 4.993 Ac. 8., 9.984 Ac.t m v N j C! O A 0i nO ei kW a 8co 111 at I I p ,r, a o p to I to 10 1 —: b g r b 1c-30A z aQi = W —y -30.0 re 30'O}tset Reference Pins \� W I/4 Cor. � I 300.00 3:0.00 660.00 _p —— Sec.23.ti- ----14 T2N, R67W. 389°34'40"E 990.00 (Pins Fall 1320.00 on Eroding Ridge) Center Sec.23. I I II 4— --- SECTION CORNER LOT A 4.993 Acres t O - PIN SET LOT B : 9.984 Acres t H O - PIN FOUND TOTAL : 14.997 Acres f SCALE:1l=3001 OWNER: I_ _- FRANKLIN C. ZADEL &- Is 14 13 HELEN M. ZADEL 8588 W.C. ROAD 21 ROAD 20 FT. LUPTON, CO. 80621 • N -- Prepared By : 'N ALPHA ENGINEERING 22 Lar A ` Lore 23 — co 24 P. 0. BOX 392 8 FT. LUPTON, CO. 80621 a cc r ' (Sand Hill . : •r . DATE: MARCH 2, 1983 ROAD 18 { �1 '� 27 26 25 I N I LOCATION MAP SCALE:I"200d1j Sheet I of 2. 830848 tAMOMMMMUMMOW I,AmilasiMaaW _ I RECORDED EXEM, PION NO. 1311 -23- 2. RE 584 LEGAL DESCRIPTION : The East 990 feet of the West 1320 feet of the South 'z of the South 1 of the Northwest 4 of Section 23 , Township 2 North, Range 67 West of the 6th P .M. TOGETHER WITH a non-exclusive easement over and across the North 30 feet of the South z of the South 1 of the Northwest 4 and the South 30 feet of the North z of the South 1, of the Northwest 4 of said Section 23 . Contains : 14 .997 Acres more or less . LEGAL DESCRIPTION LOT A: The West 330 .00 feet of the East 990 .00 feet of the West 1320 .00 feet of the Sz of the Sz of the NWa of Section 23 , Township 2 North, Range 67 West of the 6th P .M. Weld County, Colorado, being more particularly described as : BEGINNING at the Wa corner of said Section 23 ; Thence S89 34 '40"E on an assumed bearing along the East-West centerline of said Section 23 a distance of 330 .00 feet to the TRUE POINT OF BEGINN- ING; Thence continuing S89 34 ' 40"E a distance of 330 .00 feet; Thence NO0 15 ' 00"E parallel with the West line of the NW4 of Section 23 a distance of 659 . 05 feet to the North line of said Sz of the 51 of the NWa of Section 23 ; Thence N89 33 ' 38"W along said North line a distance of 330 .004feet; Thence S00 15 ' 00"W parallel to said West line a distance of 659 . 15 feet to the TRUE POINT OF BEGINNING . Contains : 4.993 acres more or less . TOGETHER WITH a non-exclusive easement over and across the North 30 .00 feet of the S1 of the Si of the NWa and the South 30 .00 feet of the N1 of the S1/2 of the NW4 of said Section 23 . SURVEYOR ' S CERTIFICATE: ,:v- I hereby certify that this plat was prepared under my , supervision and that the same is correct to the best .� :+ , : of my knowledge and belief. t 6.9 �►a/L�J� Cecil R. Crowe, P .E. & L. S . 12330 53 !' PROPERTY OWNER ' S APPROVAL: We, the undersigned, being the sole owners in fee of the above descri- bed property do hereby subdivide the same as shown on the attached map. Franklin C. Zadel Helen M. Zad 1 [ C- The foregoing certification was acknowledged before m this day of i ) hC.'_l ('%m A.D. , 19 Y3 My Commission expires : ' /11 i , t_ :1):; �1 / _- Notary Public : b_ ' r(w (w 7 i f tl,f 7 IL Witness my Hand and Seal . COMMISSIONER ' S CERTIFICATE: The accompanying plat is accepted and approved for filing . -67 Chairman of the e Board of County Commissioner ' s . ATTEST: County C] erl< 1 1. - Da e R << — ' C x SHEET 2 OF 2 i 8=30848 Hello