HomeMy WebLinkAbout890526.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1174 - MICHAEL b.
ARMSTRONG
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Porno
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 30-78-101 (10) (d) , CRS, as amended , did
determine at a public meeting held in the Chambers of the Hoard ,
that a certain parcel of land , to be divided into two parcels , as
:shown on the plat known as Recorded Exemption No. 1174 , does n _r
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 1174 was
submitted by Michael M. Armstrong for property which is described
as L.ct B of Recorded Exemption #656 , located in part of the 7
SFi , Section 2 , Township 6 North, Range 65 West of the 6th P .N . ,
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 , and
WHEREAS , this request is to divide the property into parcels
estimated tc be approximately 75 acres and 1 acre.
NOW, THEREFORE , BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabcve
described parcel of land 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
subject to the following conditions :
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 he prepared in accordance with the requirements cf
Section 9-2C. (4) of the Weld County Subdivision
Regulations . The plat shall be submitted within sixty
days from the date of approval by the Board of county
Commissioners . The applicant shall be responsible c,r
paying the recording fees .
890i6
Page 2
RE: RE #1174 - ARMSTRONG
2 . A Weld County septic permit is required for the proposed
home and its septic system shall be installed according
to the Weld County Individual Sewage Disposal System
(ISDS) regulations .
3 . An ISDS evaluation by the Weld County Health Department
on all existing septic systems will be necessary prior
to issuing the required septic permits on the existing
system.
4 . The size of the smaller lot shall not be less than one
acre.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
June , A.D. , 1989 .
‘ �J 4 u� BOARD OF COUNTY COMMISSIONERS
ATTEST: Usk WELD COUNTY, COLORADO
Weld County Clerk and Recorder (AYE)
and Clerk to the Board C./Kirby, C irman
Z�. • ' . • (AYE)
Ngyj ) la • -\ ine $.hnson, Pro-Tem
eputy County er _Aire
(AYF_)
APPROVED AS TO FORM: ,ene R. Brantner
�s� rge l �� (NAY)
Ge
V � o `Ke edy C
County Attorney f/ i (AYE)7890526
DEPART =NT OF PLANNING SERVICES
iy x y PHONE(303)3564000 EXT. 4400
7 515 10th STFEET
1 GREELEV, COLORADO 80631
WM
COLORADO
4
June 21, 1989 G
Board of County Commissioners
Weld County Centennial Complex
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption ,1x1174 - Michael W. Armstrong
Dear Commissioners:
This request for a recorded exemption is submitted by Michael W. Armstrong.
The parcel of land on which this request is being made is•described as Lot B
of Recorded Exemption $656;jlocated in part of the Si SEl; 'of Section 2, T6N,
R65W, Weld County, Colorado.
The property is located approximately 3.5 miles east of the Town of Eaten,
west of Weld County Road 47 and north of Weld County Road 72. This request
is to divide a 76 acre parcel of land, which is the total contiguous land
holdings of the applicant, into 2 parcels of 75 acres and 1 acre, more or
less. Access to both parcels is available from Weld County Road 72 , a
county local gravel road.
North Weld County Water District currently supplies water service to dee.
proposed smaller lot and has stated that water service can be made avail: hie
to the proposed larger lot. A septic system exists on the smaller lot and
is proposed on the larger lot.
89C a2
Board of County Commissioners
RE-1174
Page 2
It is the opinion of the Department of Planning Services' staff that
sufficient reasons have not been given by the applicant to warrant creating
an additional lot at this time. The Department of Planning Services' staff
has concerns about the level of development and the potential for continued
divisions occurring in this section. The staff would like the Board to be
aware of the development pattern that has occurred in this area and to
consider whether this type of piecemeal development should be allowed to
continue. In December, 1583, Recorded Exemption 656 was approved, which
created this lot now owned by Michael W. Armstrong. Four additional
recorded exemption applications have been approved in this section since
1975 , making a total cf 13 parcels in this section. In the section
immediately east of this section, fuur recorded exemption applications have
been approved since 1.974. Four recorded exemption applications have been
approved in the section immediately south of this section since 1974 .
Development in this area is reaching a level where continued divisions may
evade the intent and purpose of the Weld County Subdivision Regulations. In
addition, residential development in rural areas necessitates an increased
demand for road maintenance, police and fire protection, school busing , Brow
removal, utilities, and other urban services. As density increases, so do
service demands.
The staff requests that. the Board of County Commissioners consider the
application and determine if the standards of Section 9-2 E. (1) (a) through
(m) of the Weld County Subdivision Regulations have been met.
Respectfully submitted,
Lanell J. Curry
Current Planner
LJC:dn
890526
Conditions of Approval
RE-1174
Michael W. Armstrong
1 . The applicant shall submit a mylar plat to the Department of Planting
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall he prepared in accordance. with the
requirements of Section 9-2 C. (4) of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty (60) days from
the date of approval by the Department of Planning Services. the
applicant shall be responsible for paying the recording fees.
2 . A Weld County septic permit is required for the proposed home and its
septic system shall be installed according to the Weld County
Individual Sewage Disposal System (ISDS) regulations.
3. An ISDS evaluation by the Weld County Health Department on all existing
septic systems will be necessary prior to issuing the required septic
permits on the existing system.
4. The size of the smaller lot shall not be less than one acre.
890526
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FIELD CHECK
FILING NUMBER: RE-1174 DATE OF INSPECTION: June 2, 1989
NAME: Michael W. Armstrong
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Lot B of RE-656; part of the S SE of Section 2 , ^ LN,
R65W of the 6th P.M. , Weld County, Colorado
LOCATION: The northwest corner of Weld County Roads 47 and 72.
LAND USE: F Agricultural production
E Weld County Road 47, agricultural production
S Weld County Road 72, 2 residences, and agricc.ltt.ral.
production
W Agricultural production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS :
A home, corrals, and outbuilding exist on proposed Lot A.
Access to Loth parcels is from Weld County Road 72, a gravel road.
The proposed larger parcel is flat and is being farmed. An unnamed ditch
runs through the larger lot.
Lot A of RE-656 also has a home on it. Another home is on an excepted
parcel east of Lot A of RE-656.
By LC
.an 11 J. Cu
Current Planner
890526
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE ,5-0 -R0 cr.-93
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
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:
S-1/2 SE-1/4, Section 2, Township 6 North, Range 65 West of th
Lot B of RE 0803-2-4-RE 656 U 227 j 1,V,7/
TOTAL ACREAGE: 76 M/L hAY $989
Has this property been divided from or had divided from it any other property s nce
August 30, 1972? Yes X No YIBI1 CB.. c::;i;aa:
Is this parcel of land under consideration the total contiguous land owned by the
appl:.cant? Yes X No
FEE OWNERS OF PROPERTY:
Name: Michael W. Armstrong
Address: 22881 Weld Co. Rd. 70, Eaton, CO Phone: 353-1670
Name:
Address: Phone:
Name:
Address: Phone: _
Proposed
WATER SOURCE: Larger Parcel North Weld Smaller Parcel North Weld _
Proposed
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic _
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural Residence
ACREAGE: Larger Parcel 75 Acs. M/L Smaller Parcel 1 Ac. M/L
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 ) "77(' / ,P.<y ‘(/:. — —
Signature: Owner or Authorized Agent
•
Subscribed and sworn to before me this
i7 day of /i1 ,
(SEAL)
l -t ).
Notary Public - /
My Commission Expires 890526
TO: Weld County Department of Planning Services
RE: Recorded Exemption Application for a parcel of land in the
S-1/2 SE-1/4, Section 2, Township 6 North, Range 65 West of
the 6th P.M., being Lot B of RE 0803-2-4-RE656.
OWNER: Michael W. Armstrong
Requirement #4. I purchased this farm from the Federal Land Bank acquired
property inventory on June 15, 1987. At the time of purchase
I was only interested in purchasing the land without the buildings,
because my principal residence is located 1 mile south of this
property. I was not interested then nor do I have any inte-est
now in moving onto the property.
This property was not eligible for a recorded exemption al the
time I purchased it due to the 5 year limitation. I wanted a
farm within close proximity of my residence, and this farm met
that criteria. I have been renting the house since I purchasec
the property, but the time required for management greatly
interferes with my work schedule.
At the present time I have a party that is interested in buying
the improvements, and I have entered into a contract to sell
subject to the approval of the recorded exemption. Your
consideration to this matter would be greatly appreciated,.
Requirement #5. This proposal is consistent with the policies of the Weld County
Comprehensive Plan because:
(1) No lot has been created by a recorded exemption within
the last 5 years
(2) It is in an Agriculture District and the contiguous ownership
is more than twice the minimum lot size
(3) The recorded exemption shall have access from Weld 1'o.
Rd. 72 which is a county road right of way.
Requirement #6. This proposal is consistent with the intent of the Zone District
which is Agriculture.
Requirement #7. The use of the smaller parcel will be as a rural residence as it
has been used for the past number of years. The large parcel
will remain irrigated farmland.
Requirement #8. The property is surrounded by irrigated farmland and small
acreage residential dwellings. This property would be very compatible
with the existing surrounding land uses.
Requirement #9. This proposal is not inconsistent with efficient and orderly developmem:,
and there is no further development contemplated.
Requirement #10. There is an existing North Weld Water tap on the property and
an existing septic system.
Requirement #11. To the best of our knowledge, the property under consideration is
not located in a flood plain or the Weld Co. Airport Overlay District.
890526
Southeast Qtr. (SE-1/4) Sec. 2, Twn. 6N, Rg. 65 West.
cI
L
Lot B -- 76 Acs. M/L
-- Proposed Lot A Not
Q
Existing Weld Co. Rd. 72
Access
® = House
Shed
890526
1 1
ERNESBOARD TT1GGESOF RECTORS • jC NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH ROBERI'ALKIRE ��� •
HIGHWAY 85 LUCERNE,COLORADO 80648
GARY SIMPSON 1 y
W.M.McKAY ,'I,I :-, LYLE NELSON,MGR.
P.O.BOX 56 - PHONE 358-3020
May 9, 1989
RE: Water Service Mike Armstrong
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property:
Sylsof SE* Sec . 2-6-65
22881 WCR 72
1 . _ x Water service is presently being provided to the above
•
described property.
X
2 . _ Water service can be made available to the above
described property provided all requirements of the
District are satisfied.
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter , this letter shall
become null and void.
Additional comments:
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
/
ossr
Lpe D. Nelson , Manager
LDN/wb
890526
REFERRAL LIST
NAME: Michael W. Armstrong CASE NUMBER: RE-1174
REFERRALS SENT: May 17, L989 REFERRALS TO BE RECEIVED BY: May 31, 198''
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department Brighton
Extension Service Laccno
Emergency Vanagement Office Eaton
- Sheriff' s Office Erie
Engineering Evans
Housing Authority Firestone
__- Airport Authority Fort Lupton
Building Inspection Frederick
Garden City
STATE Gilcrest
Division of Water Resources Greeley
Geological Survey Grover
__Department of Health Hudson
Highway Department Johnstown
Historical Society Keenesburg
Water Conservation Board Kersey
Oil and Gas Conservation Commission La Salle
Lochbuie
FIRE, DISTRICTS Longmont
Ault F-1 Mead
Berthoud F-2 Milliken
Brighton F-3 New Rayner
Dacono F-19 Nunn
Eaton F-4 _Platteville
Fort Lupton F-5 Severance
Galeton F-6 Windsor
Hudson F-7
- Johnstown F-8 COUNTIES
La Salle F-9 Adams
Longmont F-10 Boulder
Milliken. F-11 Larimer
Nunn. F-i2
Pawnee
Platteville F-13 FEDERAL GOVERNMENT AGENCIES
_
_Platte Valley F-14 US Army Corp of Engineers
Poudre Valley F-15 USDA-APHIS Veterinary Service
Rayner Federal Aviation Administration
Southeast Weld F-16 Federal Communication Com°mis4. Lon
Windsor/Severance F-17
Wiggins F-18
_Western Hills F-20 SOIL CONSERVATION DISTRICTS
_Brighton
OTHER Fort Collins
Central Colo.. Water Conservancy Dist. Greeley
Panhandle Eastern Pipe Line Co. _Longmont
Tri-Area Planning Commission West Adams
COMMISSION/BOARD MEMBER
880526
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4 lige To Weld County Planning _._ Date ._____ June 5, 1989
s Environmental Protection Service _ -"-=-'- .. - --
COLORADO From
subiecc: Case Number: RE-1174 Name: Armstrong, Michael W.
Environmental Protection Services has reviewed this proposal and reccmmcnds
for apporval, subject to the following conditions:
1. Weld County Septic Permit is required for the proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
2. An ISDS Evaluation on all existing septic systems will be
necessary prior to issuing the required septic permit on the
existing system.
EPS/cs
5,w-2.. ._.ii—i15.--?Tql
ir
JUN 1 . 1989
.
weld ca pin,,,, .:..ii•ms a.
890526
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