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Home My WebLink About890357.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1162 - CLARENCE V. AND ELIZABETH E. ANDERSON 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101 (10) (d) , CRS , as amended , did determine at a public meeting held in the Chambers of the Board , that a certain parcel of land, to be divided into two parcels , as shown on the plat known as Recorded Exemption No. 1162 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1162 was submitted by Clarence V. and Elizabeth E. Anderson for property which is described as Lot A of RE-227 , located in part of the S}SW} , Section 14 , Township 6 North, Range 66 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 , and WHEREAS, this request is to divide the property into parcels estimated to be approximately 13 acres and 4 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove 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 conditional upon the following: 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 be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations . The plat shall be submitted within si. ty days from the date of approval by the Board of Courty Commissioners. C; .. ` 890357 Page 2 RE: RE #1162 - ANDERSON 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 Regulations. 3 . Prior to recording, the recorded exemption plat shall he amended to show a 50 ' road reservation from the centerline of Weld County Road 33 to the east. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 19th day of April , A.D. , 1989 . /2 ( f' BOARD OF COUNTY COMMISSIONERS ATTEST: ‘7972 "ti„ PA-4244;j 1 WELD COUNTY, COLORADO Weld County Clerk and Recorder L' Kir Cc and Clerk to the Board C.W. Irby, C airman c e Johi on, Pro-Tem D putt' County C rk APPROVED AS TO FORM: ene R. Brantner eorge KK n County Attoftey _ Gor 890357 r DEPARi ,vIENT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 $ 915 10th STRE=ET Y � 1 GREELEY, COLORADO 80631 COLORADO April 19, 1989 Board of County Commissioners Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption #1162 Dear Commissioners: This request for a recorded exemption is submitted by Clarence V. and Elizabeth E. Anderson. The parcel of land on which this request is being made is described as Lot A of Recorded Exemption 227, located in part of the south half of the southwest quarter of Section 14, T6N, R66W of the 6th P.14. , Weld County, Colorado. The property is located approximately 1 .25 miles north of the City of Greeley, north of Highway 392 and east of Weld County Road 23. This request is to divide a 16.73 acre tract of land, which is the total contiguous land holdings of the applicants, into two lots of 13.00 acres and 3.73 acres, more or less. Water service is proposed to be provided from North Weld County Water District. The applicant has proposed a septic system for the sewage disposal system on the proposed new home. The staff has concerns whether the applicant has demonstrated compliance with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies, which state that land-use proposals within the urban growth boundary will be encouraged if they conform to the desires of the municipality. In a referral response dated April 10, a representat-ve of the City of Greeley Planning Department stated that its policies require an overall gross density of not more than one dwelling per 20 acres in this area. The applicant has failed to show in the submitted application materials how this request is consistent with the Weld County Comprehensive Plan and efficient and orderly development. The guidelines used to allow a division of an agricultural lot into two separate parcels are outlined in Agricultural Policy #7 of the Weld County Comprehensive Plan. The intent of this policy is to: A. Enable the property owner who is retiring an opportunity to live on or sell the existing farm improvements. s9t 361 Board of County Commissioners April 19, 1989 Page 2 B. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite. C. Enable the property owner to provide a residence for direct members of the farm family and also for workers employed at the farm. It is the opinion of the Department of Planning Services' staff that the recorded exemption process should not be used to make a property more attractive to a purchaser or to expedite a sale. The staff recommends that the Board of County Commissioners consider this request 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:rj g 890357 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Clarence V. and Elizabeth E. Anderson Case No: RE-1162 Legal Description: Lot A of RE-227; part of the Si SWi of Section 14, T6N, R66W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 13.00 acres, ± Smaller Lot Size: 3.73 acres, ± Criteria Check List Meets Criteria Yes No 1. Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. 6. Complies with the Weld County Comprehensive Plan. 7. Consistent with efficient and orderly development. X 8. Lots accessible from an existing public road. X 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11 . Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 890357 CONDITIONS OF APPROVAL RE-1162 Clarence V. and Elizabeth E. Anderson I . 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 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 sixty days from the date of approval by the Board of County Commissioners. 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 Regulations. 3. Prior to recording, the recorded exemption plat shall be amended to show a 50' road reservation from the centerline of Weld County Road 33 to the east. 890357 1' . . Li •; •1 ‘ ,4211; L I., 19i l v y1, •e a 1e.e .1 t. ev° 11:\ 82r,O r • • cos•v i .. yl !. 1. ° 1 v Cc .� 1J IO • [I"I 2`1r _ 10 ° • , •1 i R•ose ro,y e� � l - V . 'Nana, --- , :., ., 76. . . . rEIe; ._•LIIQ .1 ts7„• 6REA 1. •., tERN:A • h ��J'1 `•, G°tn e1 illi (-.. SEVER [ 1 .01 70 Q • Lei L.rffilail . 1 Lsr ii !1•I•u • I�. r . - .. •- • ' •,. anieTaTF.: ) ' Iii ,r431120 \in it moo o APE I °,1�� . 040•• • a• •i . ' ' ti �_f.�` le "\--.. ., ••I ;• 5,,,.... ! !� ) 1 �+3 •� r •.� 1 ,[ . vi °.'I3 a 11: / 68 iillt T. 6 '�m� . . . . �ii;l •' ��1 12+1 I 1• IF• LUCERIYE 66. . . . I \7.,093!;__:-- 4 .�+� 1U eta xln. 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[ e. ». �S .•1' _.:� a a! •n li .. _ _�• , •IM •`vIF • '1 beiioiiiT•A°.e . ..!• '.r .. . C� /g\�� `� �� aso� JlO f 11 �•�� ) i .,LUc e;ion}.cel �v \.�� - ✓'•rp93 / bele r '�_ a Leo< <\I: �•\, ..�. 4 l3 "� e r I Y \ eon'\_/ \ \ b ) \ 1 \�. _� 15 g 4 14 �v v i 1 4�e1 Neff Lake• .>]o ._�__—� •\ I ; ,. „...4.4.' . tt-,- / \\\\I _) F,) \ ,, --. li. �.. „�e � © �� ..„ c 4140 ♦ 1 WO O N/ell ` � ..0752 _._ eue.11 ,' t ) f c o NI VDLO >1 \ 23 :4=1.1.37.,2so �� 4, 4n Q . z u no �l • o\ ' .u ,y„ km tx a „s" +1, �L. ii 1 47270 ... \ 4 f' y09 l i tj \-...\ - .� , ,. , n . % of c, N 6 i 2; i :I' 28 \_ °' =e• e!!W a ` o "2/ �, �� . FartxC� \ C -e ,--ate'. . --.��.,• q Q • _ _ i_.6 „ ,, e. �a694 i SOUS. ERiv � A �� 4b�� /� ''.....,1 .fJ 1, A/40 i 685 • Leh}. v _ I 944*- / I ��' � �I/� Fyn' sj 33 34 v ♦nit _h- ' 1 303 + Y a � CI,D.t 1 .y yy� P IF y k. N 1 'J R } W ar a tl Via. P F GP {� is rs tfsrc. f . . \. • �{ I 4 ` t, Gal €Fit Y- � .. 1 s °0. • 1 s h 1 , teary y,, 1r I� ! ' 1 t G' r5 .xi i I—, " h� _ 1 . I lil Il4 V .1 w ,„i,„ • I", • ,a .7 I��I1 I , , MI',' s 4 716' 4.4h ..........—...—.�. 1 y,-6 # pR it s wry t 1:E ', . * ": - , •'''fr• :fM III ;• 'µ w, R ' ' y ' 1 { 1 V1�4 S • r` Vie t i'"1 .. I � '', y a "`R,... 6,66 J1 i�i a It: I +i' , {gyp*. .tt ' S • t• it I 1 ol alor- %Tar Qf ' 1 v . '+�xt+`I I : *4 ot VVV ill" • « z l s_ Ili +r :qw,, , III Ilk I' a , . i .-..,_,Lit 1 I i .J 9G' '' ' II ,Ir .. I ...m...w. l II I u 1 +f FIELD CHECK FILING NUMBER: RE-1162 DATE OF INSPECTION: April 3, 1989 NAME: Clarence Anderson REQUEST: Recorded Exemption LEGAL DESCRIPTION: Lot A of RE-227; part of the S} SW} of Section 14, TeN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .25 miles north of the City of Greeley; approximately 1/8 mile north of Highway 392, east of Weld County Road 33. LAND USE: N Row crops, 2 residences E Pinnacle Park, a residential subdivision S 2 residences & 1 mobile home, row crops, oil and gas processing, Highway 392 W Weld County Road 33, row crops, oil and gas processing ZONING: N A (Agricultural) E R-1 (Low Density Residential) S A (Agricultural) W A (Agricultural) COMMENTS: Access to both proposed parcels is from Weld County Road 33, a paved road. The property is currently used for one single family dwelling and row crops and is flat. The property surrounding the existing dwelling has been landscaped. By' - ----- -- n 11 J. Current P ner 830357 0 1-657,17 APPLICATION FOR RECORDED EXEMPTION MAR 1 4 1989 PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 1%1i _1 g=7) FOR PLANNING DEPARTMENT USE ONLY: ��r• APPL. FEE 35c5 — CASE NO. - RECORDING FEE _ ZONING DISTRICT RECEIPT NO. ti),,,612. _._._ 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: TOTAL ACREAGE:_ 16.73 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Clarence V. Anderson and Elizabeth E. Anderson Address: 33134 WCR 33, Greeley, CO 80631 Phone: 352-0272 Name: Address: Phone: Name: Address: Phone: � /b.ic - T� -- WATER SOURCE: Larger Parcel I'rth Weld Smaller Parcel North Weld TYPE OF SEWER: Larger Parcel septi {/c _ Smaller Parcel Septic PROPOSED USE: Larger Parcel Residence Smaller Parcel Residence ACREAGE: Larger Parcel 13.00 Smaller Parcel 3.73 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 withi p th a ap ication are true and correct to the best of my knowledge n �2 A�` �/J )4/Ley_� COUNTY OF WELD ) / i-G STATE OF COLORADO ) c. � ./ ign re: Owner or Authorized Agent Subscribed and sworn to before me this /3 day of )J'4_2-cC lll' 19_,x''% (SEAL) i Th A . . ._ — Nota ublic My Commission Expires My Commission Expires Jnne 22. MO _ 890357 STATEMENT • In reference to application requirements, pages 2 and 3, items 4 through 11. No. 4 The owners of the described property are in the process of selling their hone, which has been on the market for more than a year. In order to make the property more attractive to a purchaser, they have decided to divide the property, subject to getting a Recorded Ex- emption, hoping it will speed up the sale. There is presently a sales contract on the larger parcel. Nc. 5 The division of the parcel is consistent with the policies of the Weld County Canprehensive Plan. No. 6 This proposal is consistent with the intent of the zoning in this area. No. 7 The use of the smaller parcel will remain the same. The use of the larger parcel will have a new residence constructed on the West end and approximately 12 acres will continue to be farmed. No. 8 It appears the uses permitted will remain capatible with the future development of the surrounding area. No. 9 The zoning is to remain the same after division. therefore, should not be inconsistent with efficient and orderly development. No. 10 The water source at the existing improvements is North Weld Water District. The sewage disposal method is septic tank and leach field. No. 11 This property, to my knowledge, is not in a flood plain and is not exposed to any geological hazards. 890357 " is 'd' 1`. • .. '..; •e ,0.O; y: t� - :, • \ as ' h aid '■. ► (� V 04 ? ' ' kz ZfrA: t 7 \ N • i/ *1 }' �j '.•9„ . P., ft. \P ; k .\'., & • , l ,t.. ...„ p 4 4 \ %. . 411 _4, O C • r \. 441 S , _Q h V� _ ': \ h s I _ C i - ---) v ' 6 I:til;t k —411' .. ts ' \\ 4. v: i ' o in ral I le. ;' _- le; 1.) \ t t ' c...-___, Q Kt ‘, t . •._ \ < ;oaf." �, ,� I • \ _ tF� •a r w in _ L ' + w.,. T _�' ,O4 'ES 4c%* -V4 ■ 061 ort*ArcBOARD OF DIRECTORS • • 't:61"60,- NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES " ALEX HEIDENREICH �O •� • ROBERT ALKIRE - HIGHWAY 85 LUCERNE,COLORADO 80646 GARY SIMPSON J 1�I� W.M.McKAY ' T,�1 LYLE NELSON,MGR. ,L-;- P.O.BOX 56 - PHONE 358.3020 March 15 , 1989 RE: Water Service - Clarence A. Anderson Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property : Pt of Sec 18-6-65 1 . _ X Water service is presently being provided to the above described property. 2 . - X 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 WE D COUNTY WATER DISTRICT le D. Nelson , Manager LDN/wb • • 890357 REFERRAL LIST NAME: Clarence V. & Elizabeth Anderson CASE NUMBER: RE-1162 REFERRALS SENT: REFERRALS TO BE RECEIVED BY: March 31 , 1989 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _Dacono _Emergency Management 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 X Greeley _Geological Survey _Grover _Department of Health Hudson __Highway Department Johnstown Historical Society _Keenesburg Water Conservation Board Kersey 011 and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS Longmont _Ault F-1 Mead _Berthoud F-2 _Milliken _Brighton F-3 New Raymer 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-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 _US Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer ____Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission 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 890357 fito is \, ,,v,- . EORAADU lige) to Weld County Planning Due March 23, 1989 COLORADO From Environmental Protection Services94 /rk7L Case Number: RE-1162 Name: Anderson, Clarence Subject: — —_ --.—.-- Environmental Protection Services has reviewed this proposal and recommends for approval, 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. EPS/dgc 0IO to ti4 k11;InO1y. 890357 /4, , - ././„. • DEPA T: NT OF PUNNING SERVICES gt PHONE(303)356-4000 EXT. 4400 i "- 915 10th STREET i,..p.�, 'y GREELEY,COLORADO 80631.0. f M.r r' ;� rt( I '" 't` APR 1 0 1989 ! ll # ,Y " -,,,,,,' . CASE NUMBER RE-1162 COLORADO weld cu. Nanakk anolisswm March 17, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Clarence and Elizabeth E. Anderson for a recorded exemption. The parcel of land is described as Lot A of RE-227; part of the Si SW} of Section 14, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 .25 miles north of the City of Greeley. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would he appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 31, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that the request ( does not) comply with our Comprehensive Flan for the following reasons. 774e 7Ne 4 $ r/P'n 5-: /r f'x , fe„,!. O G4'?/O1;7 p P I" 2 o a C/'r' S_ (p1/2,0 5i- 51‘ t' ,t r/• -/ _gel's, 2. We do not have a Comprehensive Flan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with cur interests. 4 . A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: 890357 �.....�.,. RECORD OF PROCEEDINGS PLANNING COMMISSION PAGE 3 SEPTEMBER 10, 1905 The Gree:Ley Planning Commission has continued to review these recorded exemptions. Mr. H111 indicated that the purpose of the City's review is twofold. The first purpose is to keep the Planning Commission up to date as far as the nature of subdivisions and number of subdivisions in the area surrounding the City. The second purpose of the City's review is to provide comment to the County as to how these proposals fit within the City's long range Comprehensive Plan. Under the current procedure, the Greeley Planning Commission provides a more formal and detailed review than the County on recorded exemptions. Mr. Hill noted that both of the objectives may still be met without the City of Greeley Planning Commission's formal review and comment in each and every request. He explained' that the Planning staff is recommending that the following modifications be made in respect to the City of Greeley's review of Weld County Referrals on recorded exemptions: 1. The City Planning staff review each recorded exemption referred to the City to insure compliance with pre-adopted standards. These standards should include: (a) Appropriate right-of-way be dedicated; (b) The overall gross density on any subdivision not exceed one dwelling unit per 20 acres within the area outside of the 2010 Growth Ring, and not exceed one dwelling unit per 10 acres within the 2010 Growth Ring; and (c) The appropriate setbacks under the applicable zone would be maintained with the subdivision. 2. If desired, under staff report for the Planning Commission, staff can provide a regular update on the location and nature of recorded exemptions referred by Weld County. Mr. Hill noted that as part of this policy, it is assumed that if there are any unique circumstances uncovered with the Planning staff's review or if there are any requests that do not appear to staff to be in compliance with the Comprehensive Plan, such cases would automatically be forwarded to the City Planning Commission for their review and comment. General discussion followed. Commissioner Norton made a motion to authorize staff to prepare a resolution for formal adoption by the Planning Commission setting forth a new policy for consideration of Weld County recorded exemptions as outlined. Commissioner Lockhart seconded the motion. Vote was taken and the motion carried unanimously. C) Discussion of Landscape Requirements Steve Hilt indicated that in response to the Planning Commission's discussion on August 27, 1985, with regard to landscaping, the staff has compiled information from various front range cities regarding their landscaping requirements. From this information, staff has compiled several suggestions for both immediate and longer range revisions to the existing requirements. Mr. Hill then reviewed the suggested revisions which include maintenance of landscaping, acceptable landscape materials, revision of the interpretation of what is permitted within required yards, and treatment of community entryways and commercial corridors. Staff suggested that the issues dealing with maintenance and acceptable landscaping materials could be handled immediately which would also afford a better opportunity to protect the public interest while more thoroughly addressing landscaping issues in a comprehensive revision of the code. iflAPR 1n1989 !!I� item Cu. Plam'nry <.umnrs:u, 890357 LSC06P xwvaNnos it (if .�.. .i.. ., , ,c_ .� • 7 ./ _:, c cu — / j_aiii R \` .t\i 1 • ' ..1, i { 1 -� S • • • i 111•E '<:: l/ C ` •. �, 1 • _ —• cu `' / ' ,.- -....• `•-•4 1� d.t ;. k., `'� Iii, /�- i r % _ E 4 .• l.rt . � - Li 51;- - !" . 1 ti. 1 N \ pc .. .\ ,. .•1 -30,4;1... ..tel I G, \ • • .- . T }j i\ . II . ` _s1 4' l� ire-�..+-: 1 • 1 • . FS -i r t , t I/r s•+r,•Ti.i* A.ly.a� . • ... r n7{y. (J . '-tea ti , 1' •• • , '. u, . - , .4 `�1 ,r . r ce • 1 • . : jr- .-• ' )- i .• r. f 7.57::::(1. � ..•IS f .4r �. • —�. ` ': , •: ° •- - 1 � . -1 •14-• -I ` •A' 1- �:- r i • ` ,f.�y• • I. I ..-!. --/ �, 1V B-4 Hello