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HomeMy WebLinkAbout20031799.tiff RESOLUTION RE: APPROVE REQUEST TO DELETE CONDITION OF APPROVAL#3.F FOR RECORDED EXEMPTION #3333 - GREG AND PATTY REEVES 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, by Resolution dated September 16, 2002, the Board of County Commissioners did conditionally approve the request of Greg and Patty Reeves, 16058 Weld County Road 96, Nunn, Colorado 80648, for Recorded Exemption #3333, for property which is described as the N1/2 W1/2 W1/2 of Section 31, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, Condition of Approval #3.F for Recorded Exemption #3333 states, "The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 30, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services," and WHEREAS, Greg and Patty Reeves have requested the Board of County Commissioners to delete Condition of Approval #3.F for Recorded Exemption #3333, because cash-in-lieu fees are being required prior to sale of the lots, and WHEREAS, on June 30, 2003, the Board of County Commissioners reviewed the recommendation of the Department of Planning Services staff, the referral from the Weld RE-9 School District dated May 28, 2002, and heard the testimony presented in this matter and, having been fully informed, deems it advisable to delete Condition of Approval #3.F. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Greg and Patty Reeves to delete Condition of Approval #3.F for Recorded Exemption #3333 be, and hereby is, approved. 2003-1799 RE3333 RE #3333 - GREG AND PATTY REEVES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2003. BOA OF COUNTY COMMISSIONERS ��N �� WEL UNTY, COLORADO a 4 �� D vid E. Lo g, air •„ ,;un k to the Board t 1861 • %7c:.• obert D. Masden, Pro-Tern (1 jilt irk o the Board EXCUSED M. J. Geile PR D AS TO EXCUSED Willis H. Jerke / my t rney) Glenn Vaadad Date of signature: 57 2003-1799 RE3333 6ktig. MEMORANDUM ILTO: Board of County Commissioners June 24, 2003 COLORADO FROM: Jacqueline Hatch, Planner I SUBJECT: RE-3332, RE-3333, RE-3334 & RE-3335 The Department of Planning Services has forward application RE-3332, RE-3333, RE-3334 & RE-3335 to the Board of County Commissioners requesting denial. Application RE-3332 was conditionally approved by Planning Staff on June 28, 2002. Applications RE-3333, RE-3334 and RE-3335 were conditionally approved by the Board of County Commissioners on September 16, 2002. Condition of Approval number 3.F states "The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 28, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." This condition has not been met. Mr. and Mrs. Reeves have submitted the attached letters in response to 3.F. Background information: Legal Description: E2 of the SE4 of Section 10, T8N, R66W of the 6TH P.M., Weld County, Colorado. Parcel number 0553 10 000006 Location: North of and adjacent to WCR 94 and West of the adjacent to WCR 33. RE-3332: RE-3332 was conditionally approved by the Department of Planning Services on June 28, 2002. Legal Description: N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6T" P.M., Weld County, Colorado. Location: East of and adjacent to WCR 25 and 'A mile north of WCR 10. RE-3333: RE-3333 was conditionally approved by the Board of County Commissioners on September 16, 2002. Legal Description: Part of the W2 of the SE4 of Section 31, T10N, R66W of the 6T" P.M., Weld County, Colorado. Location: North of and adjacent to WCR 110 and 1/2 mile east of WCR 25. RE-3334: RE-3334 was conditionally approved by the Board of County Commissioners on September 16, 2002. Legal Description: Part of the W2 of Section 31, T10N, R66W of the 6TH P.M., Weld County, Colorado. Location: North of and adjacent to WCR 110 and 1/4 mile east of WCR 25. RE-3335: RE-3335 was conditionally approved by the Board of County Commissioners on September 16, 2002. 2003-1799 The Department of Planning Services recommended denial of RE-3333, RE-3334 & RE-3335 on September 16, 2002. The applicants Greg and Patty Reeves own all the property lying west of the Union Pacific Railroad in Section 31, Township 10 North, Range 66 West except for 80 acres located in the west half of the southwest quarter. The remaining acreage is approximately 243 acres. The Reeves applied for four adjacent 2 lot recorded exemptions on this property. The Recorded Exemption process has been utilized to create eight lots. The Board of County Commissioners approved RE-3333, RE-3334 & RE-3335 with the conditions recommended by staff. The Department of Planning Services approved RE-3332 with conditions. The Weld County School District RE-9 has a fee in lieu requirement to address additional residential development in the County. It is a standard condition for all recorded exemptions to address the conditions (if any) required by the school district. The potential impact on the school district as a result of these recorded exemptions is greater than an individual recorded exemption. 16058 WCR 96 _ Nunn CO 80648 • June 30, 2003 Weld County Board of Commissioners 915 10th Street Greeley, CO 80648 RE: Recorded Exemptions RE-3332, RE-3333, RE-3334, RE-3335 Dear Commissioners, Regarding the above mentioned recorded exemptions, we are requesting a review of the development standard concerning the request from Weld County RE-9 school district for a fee of$759.00 to be paid for each new building lot. The development standard requires only that we address the requirements of the school district. The referral letter forwarded to Weld County Planning by Weld County RE-9 school district is attached. The school district's concerns clearly pertain to the building of new residences within the district. We are not building or planning to build residences on any of these lots. We believe it is clear that any responsibility to make this payment to Weld County RE-9 schools lies with the party who actually builds a home on one of these sites. A letter stating our position was included with our preliminary plats for these recorded exemptions. We are asking that any responsibility for this payment be directed to the party who may actually build a residence on any of the above named recorded exemptions. Thank you for your consideration of this matter. Respectfully submitted, /tt Patty Re es Greg Reeves CS t Lf Y May 30, 2003 Patty and Greg Reeves 16058 WCR 96 Nunn CO 80648 970-897-2439 Weld County Planning Department RE: Recorded Exemption# 3 3 3 3 Dear Weld County Planners This letter is to address the concerns of Weld County School District RE-9, regarding the above referenced recorded exemption. The concerns of Weld County School District RE-9 are clearly confined to the construction of new residences within the district, and any responsibility to make payment clearly lies with the purchaser of this lot who may decide to build a home. No home construction on this lot is being planned or contemplated at this time, therefore no payment is due at this time. Respectfully submitted,j, Pa"tty eeves Weld County Planning Department '; CREEL` " OFFICE air MAY 3 Cr 2002 Weld County Referat COLORADO May 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Greg & Patty Reeves Case Number RE-3333 Please Reply By June 10, 2002 Planner Carla Angell Project Tw 3 Lot Recorded Exemption Legal N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 25 and '''A mile north of WCR 110. For a more precise location, see legal. Parcel Number 0301 :S1 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this reel jest would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, pease call the Planner associated with the request. U We have reviewed th•;, request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed tt e request and find no conflicts with our interests. ,,..0a---See attached letter. Comments: Signature PULP) Scribil Sctipejfemcafrit li -2e-02- Agency Wed j�— � Date :•Weld County Planning Dept. •'x1555 N. 17th Ave.Greeley,CO.80631 •}(970)353-6100 ext.3540 :'(970)304-6498 fax August 29, 2000 Weld RE-9 School District with district offices located in Ault Colorado has adopted a methodology to determine the in-lieu payment for residential dwelling units sufficient to provide adequate educational opportunities to new residential developments. The School District Methodology has been developed in a manner so as to fairly apportion the cost of acquiring school sites made necessary by residential development. The total in-lieu payment per dwelling unit is $759. Payment should be hand delivered or mailed to Weld RE-9 School District, Box 68, Ault, Colorado 80610. A receipt will be mailed to the party requesting the exemption and a copy to Weld County Officials. Please direct any questions to Dennis Scheer, Superintendent of Schools, 209 West First Street, Ault, CO 80610. Hello