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Home My WebLink About871260.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1036 - J. KENNETH AND ERMA LAMBERT 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, on September 30 , 1987, the Board considered a request from J. Kenneth and Erma Lambert for Recorded Exemption #1036 concerning a parcel of land located in part of the SEI of Section 1 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, J. Kenneth and Erma Lambert requested this Recorded Exemption to divide the property into parcels estimated to be approximately 36 acres and 3 acres, and WHEREAS, the Board heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Planning staff and considered all of the evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1 . The applicants have not demonstrated that the proposal is consistent with efficient and orderly development. 2 . In the adjacent Section 2, four Recorded Exemptions have been approved since 1974 . The staff of the Department of Planning Services feels that sufficient justification has not been given to warrant exempting a lot at this time and that in the immediate vicinity, development has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. 3 . The applicants have failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. 4 . The applicants have failed to demonstrate that the proposal is consistent with the intent of the Agricultural Zone District. /�J f)1- i,�3 o C(' T �?2 871260 Page 2 RE: DENY RE #1036 - LAMBERT NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Recorded Exemption on the hereinabove described parcel of land be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: � ) WELD COUN'�Y OLORADQ f/ Weld County Clerk and Recorder and Clerk to the Board Gord6n k ckliC an C eputyc�ou r‘.O C. 1 Kirb , Pro em 1leputy Coun Clerk APPROVED AS TO FORM: ene R. Bran er J. cqu ine Jans n County Attorney I t Frank �am uchi 871260 DEPAR1 iIENT OF PLANNING SERVICES ;¢r ( PHONE(303)356-4000 EXT.4400 *ITT 915 10th STREET t GREELEY,COLORADO 80631 COLORADO September 30, 1987 Board of County Commissioners u 915 Tenth Street 'lJ Greeley, CO 80631 / j', r Re: Recorded Exemption #1036 cif Dear Commissioners: This request for a recorded exemption is submitted by J. Kenneth and Erma Lambert. The parcel of land on which this request is being made is described as part of the SE} of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.5 miles east of Fort Lupton, on Weld County Road 37. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into two parcels of 35.75 acres and 3.00 acres, more or less. The parcel of land is located in an urban growth boundary area. 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: The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. Recorded Exemption #644 was approved in July, 1984, for the NW} of this section. This recorded exemption created a 150.3 acre parcel and a 9.7 acre parcel. The Lamberts originally owned 60 acres in the SE} of this section. Three 5 acre parcels and one 2.5 acre parcel were created from this 60 acre parcel and sold in 1968 and 1969. In the adjacent section 2, four recorded exemptions have been approved since 1974 . In 1974, RE-118 created a 19.4 acre parcel and an 18.5 acre parcel. In 1981, RE-503 created a 141 .00 acre parcel and a 4 .00 acre parcel. In 1983, RE-646 created a 10.8 and a 27.3 acre parcel, and in 1986, RE-824 was approved, which created a 2.9 acre parcel and a 15.6 acre parcel. The Department of Planning Services' Staff feels that sufficient justification has not been given to warrant exempting a lot at this time, and that in the immediate vicinity development has reached a level where continued 871263 Board of County Commissioners RE-1036 Page 2 division of parcels would evade the intent of the Weld County Subdivision Regulations. Increased residential development in rural areas necessitates an increase of public services, additional demands of expenditures for road maintenance, police protection, fire protection, and educational services. The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is approximately 2.5 miles east of Fort Lupton should not allow haphazard development to take place. As stated on Page 1 of the Weld County Comprehensive Plan, the purpose of the Comprehensive Plan is for the. . ."general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of Weld County." Although the Comprehensive Plan sets forth one of the intents of the Recorded Exemption Policy as to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite", the plan also states that "low density single family residential development may be permitted but is not encouraged." The continuing residential development of this area of the County is clearly not consistent with the intent of the Comprehensive Plan or the purpose of the Subdivision Regulations which is "to assist orderly, efficient, and integrated development." The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone district. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district was established to maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of agricultural activities without the interference and encroachment of other more intensive land uses. An increase in residential uses in this and other Agricultural areas could result in extra costs to Weld County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. Respectfully submitted, Lanell J. Swanson Current Planner LJs:ay 871260 ADDITIONAL COMMENTS RE-1036 J. Kenneth and Erma Lambert The Fort Lupton Planning Commission has stated this proposal is out of their Master Plan Area and the Weld County Health Department has reviewed the application materials and has no objection to the request. The Division of Water Resources has also reviewed the application and has recommended approval if certain conditions are complied with. The staff has concerns whether adequate water will be available for the potential uses of this property if the Division of Water Resources' conditions of approval are met. The Division of Water Resources' conditions are identified in its letter of September 9, 1987. 871260 �woF coo ROY ROMER �y raj j� JERIS A. DANIELSON Governor * *i State Engineer *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 9, 1987 Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Lambert Exemption, RE-1036 E1/2 SE1/4, Sec. 1, TIN, R66W Dear Ms. Swanson: We have received further information concerning the above referenced proposal. The applicant proposes to construct a well into the non-tributary Laramie-Foxhills Formation to serve both tracts. Analysis of the aquifer indicates that there is sufficient water available. A well permit will be made available in the Laramie-Foxhills Formation for this proposal. In order to assure that a permanent water supply will be available on an equitable basis to either lot, we require the following: 1. The well should be located on an outlot owned in common by all pro- perty owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. If the above provisions are met, we can recommend approval of this proposal. Please let us know if you have any further questions. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/smw riipii cc: Steve Lautenschlager 1l• SEP 1 F; 1987 1 Alan Berryman, Division Engineer Weld Cu. Plannwk bnQII1II Sim 4 9A fl mEmORAnDU Whit. To Board. f_Cniulty Commissioners Date_ September 11, - 1987 COLORADO From Lane]] _i_.__Swanson, Current Planner soniaotRecotded Exemption #1036 - Erma J. and Kenneth Lambert On August 12, 1987, this recorded exemption application was continued to September 16, 1987, at the request of the applicant. The applicant stated the continuance would enable them to act upon the proposals suggested by the Colorado Division of Water Resources to enable them to obtain water wells for the properties. Because of a delay at the Division of Water Resources, the applicant has requested a further continuance. The Department of Planning Services' Staff recommends continuance of Recorded Exemption #1036 to September 30, 1987, at 9:00 a.m. LJS:dy 871260 DEPART iviENT OF PLANNING SERVICES PHONE(303)35640 T. 4400 915 STREET G REELEY, COLORADO h DO 80631 NiuC. COLORADO ' (114)7 August 12, 1987 Board of County Commissioners 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1036 Dear Commissioners: This request for a recorded exemption is submitted by J. Kenneth and Erma Lambert. The parcel of land on which this request is being made is described as part of the SE} of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.5 miles east of Fort Lupton, on Weld County Road 37. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into two parcels of 35.75 acres and 3.00 acres, more or less. The parcel of land is located in an urban growth boundary area. The Fort Lupton Planning Commission has stated this proposal is out of their Master Plan Area and the Weld County Health Department has reviewed the application materials and has no objection to the request. The Division of Water Resources has also reviewed the application and has recommended denial. 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: The applicant has proposed the division of this parcel with no existing well on either lot. In its letter of July 20, 1987, the Division of Water Resources explained that only one in-house well would be made available to this parcel. An adequate water supply has not been shown to be available to each proposed lot. 871260 Board of County Commissioners RE-1036 Page 2 The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. Recorded Exemption #644 was approved in July, 1984, for the NW} of this section. This recorded exemption created a 150.3 acre parcel and a 9.7 acre parcel. The Lamberts originally owned 60 acres in the SE} of this section. Three 5 acre parcels and one 2.5 acre parcel were created from this 60 acre parcel and sold in 1968 and 1969. In the adjacent section 2, four recorded exemptions have been approved since 1974. In 1974, RE-118 created a 19.4 acre parcel and an 18.5 acre parcel. In 1981, RE-503 created a 141.00 acre parcel and a 4.00 acre parcel. In 1983, RE-646 created a 10.8 and a 27.3 acre parcel, and in 1986, RE-824 was approved, which created a 2.9 acre parcel and a 15.6 acre parcel. The Department of Planning Services' Staff feels that sufficient justification has not been given to warrant exempting a lot at this time, and that in the immediate vicinity development has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. Increased residential development in rural areas necessitates an increase of public services, additional demands of expenditures for road maintenance, police protection, fire protection, and educational services. The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is approximately 2.5 miles east of Fort Lupton should not allow haphazard development to take place. As stated on Page 1 of the Weld County Comprehensive Plan, the purpose of the Comprehensive Plan is for the. . ."general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of Weld County." Although the Comprehensive Plan sets forth one of the intents of the Recorded Exemption Policy as to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite", the plan also states that "low density single family residential development may be permitted but is not encouraged." The continuing residential development of this area of the County is clearly not consistent with the intent of the Comprehensive Plan or the purpose of the Subdivision Regulations which is "to assist orderly, efficient, and integrated development ." 871260 Board of County Commissioners RE-1036 Page 3 The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone district. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district was established to maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of agricultural activities without the interference and encroachment of other more intensive land uses. An increase in residential uses in this and other Agricultural areas could result in extra costs to Weld County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. Respectfully submitted, aL. Lc`-n"4-6---) Lanell Current Planner LJS:dy 871260 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: J. Kenneth and Erma Lambert Case No: RE-1036 Legal Description: Part of the SEI of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 35.75 Acres, ± Small Lot Size: 3.00 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. 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. 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L 21 • 1/ / 6 P•¢ p( fl t ) 0 t+� _,T-N.-_- IUTes 11'1')-___ O A1 1 • �I\ `Tp ,I ..---------- /d— n 11 `� f �`, -Gy NI 1 i7 1 5046 ° l l \1 - 49! - •i /J/ tI ..-------\.\--/-------..„ ,__ C) ) \ *, ) i CY vp.,c L 0 0 1 11) $ :4))5 N- si C5— ' ii_ j c,, , 7- c) . n° 1 rig �V - "/ 1514crA:7-\I \\, \ici L t'S ,)1., \ ' C ��\ �, _ m7mil r> , r' ei,6`� � � 6s;'V1 ; �Iep {\ _ r. eI1 �/ p Coo �O4�ri no �J o ci 17 0 0 1Q44..1,. —Z)9-7=-,,c = == „7„,-271-1;� __ _ \ For: © --- ---7?© „ Rit‘ATV - \ si �" �� n � U � mith �oun - �° /- Kt C.., I� —V A� o �s,� /2 ,� ) c * ts; !\ _ s ( �� . O:3 , - 14 O �J \ c' \ b° 18 ) / , o� dwf L� -' b -III i , / � + _ II! • !' • % { • i y k • R? I tY • 4 ' P yr` k 9 -4r it- ; ,'r" s + ' 1 a :II .10 �' t l +x� I ' ..1 ,t t j y : : r % 1f a f t 1' } ;F Y <K riti; tl' dam.. f 4 ♦. "' '., ,k4. °a at P }y A'£ ...x y ., 3 �,p� ! I :11 rP ',,t.gi ,:: k, 1 , 1. tF • � { ^ iW A 14t :: A - ,r "'r, :tt ',�;1 :"3` '24 ..ti's•. ,e 1 � ri';w. " " f• :e 1W 4 +4Mew.a R r, Y:I N ,.12 Sr ,GI : {. 9 ki I �; ` ~ • .. . • ay;' y k t : 11. *F! S N 5", ° : "fir- •ric 5. ,I: IK .ti j$5 jt' t. t f IYV1 • •1+ J {vvim�.. }. S ) ,... .. ._ „ , ,. . ..,.." . :,.. s i.Ilr - ,,,4 - 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 7 O O- D D CASE NO. e g --/o34,, l RECORDING FEE ZONING DISTRICT A- cAq ri cti 14u rail) RECEIPT NO. / /s ?c2 DATE e, -So - 6)7 J APPL. CHECKED BY _X.aI TO BE COMPLETED BY APPLICANT: (Print or tylpe 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: At sei /--/-& L TOTAL ACREAGE: 3,/, ?/ Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No ✓" Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes y- No FEE OWNERS OF PROPERTY: Name: J k e „ e_d-1. k a rn belt * • // t Address: //c .aoo Cn/u ), 1-er b.- • i7�nd er son,. Co. 8e6.ry Phone: .egg - t _Iasi Name: £ r >n a L. d ,n 12 e. r+ Address: Se.mc_. Phone: Art-‘,A, at, Name: Al dress: Phone: WITER SOURCE: Larger Parcel :d e- It Smaller Parcel t.t9 e 1 TYPE OF SEWER: Larger Parcel Sc.p4- c Smaller Parcel $ e..p{- , c_. PROPOSED USE: Larger Parcel Ra.,s,d e.,n4Ra I Smaller Parcel e a,a , d e_r$- . a/ ACREAGE: Larger Parcel c .t.r Smaller Parcel 3. Odd EXISTING DWELLINGS: (Yes or No) No (Yes or No) N o 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 ) ' �C yne GLh�..�f nature: r or o zed Agent n,,r�-rte, 'z/ Subscribed and sworn to before me this � da of %e.._ - , 19(F72 (SEAL) 1 ? ktrigT Notary jublic v I JU 2.1: 1987 �; U My Commission Expires o 40? rile Weld Co. Planning Commission 871260 J. Kenneth Lambert 10400 Counter Drive Henderson, CO 80640 June 5, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Sire . I am requesting a recorded exemption to divide the parcel of ground described in the attached plat into two parcels. This parcel is located on the Southwest corner of Road 37 and Highway 52. The smaller lot will be 3 acres ± and the larger lot will be A, acres ± with both properties having frontage on Road 37. The exemption will allow me to place two modular homes on the property. Since the property will remain ranchette in style it will be consistent with the Weld County Comprehensive plan, the zone district and the surrounding properties. This use shall be consistent with the future growth as an agricultural and residential mix area and the proposal is consistent with the efficient and orderly development. Each property shall have a separate well and septic. This property is not located in a flood plain, geologic hazard or Weld County Airport overlay district. Sincerely, 2J. Kenneth Lambert • 871260 l r/ON WAY Afo, $2 _.. �oconoo 5-7A0 re : 7tc • w h� w _' fa :1 ,c3g rc6c O. e brel . . in L . 1 P 7:G' ki We// 0"-a- I A StaHt TOIL ..-rt- Ins I • \ I ei I ! r pns.4• P/oecec O I w h/en SAY/614. . o w° R.0 w Ana I se.e• 0 e 0 i ?.4eca c B Wes, 40 Ares or insLogenss I R (44014rPrerio/j I a m _ EAS r 60 Acres or- nee SE% ' - ,, • o� Scc. /, 7 /.�, ,2. aai✓ a %I OaAtbe -v"o'dale *r- PAetEc A „ye e—11 i . , exlel 0 R' tj `11 ;II k I.",0, tic\ N Q` u#o strsnf 1 We// '9/ �'rnre 6 1 i , 7 r • 1871260 oe�CO4o� ROY ROMER �� •0c JERIS A. DANIELSON Governor * State Engineer ^ 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 20, 1987 Ms. Lanell J. Swanson C Weld County Planning Department 915 10th Street Weld Co. Plannrn Greeley, CO 80631 moms Re: Lambert Exemption, RE-1036 E1/2 SEl/4, Sec. 1 , T1N, R66W Dear Ms. Swanson: We have reviewed the above referenced proposal to split 31 .97 acres into tracts of 28.95 and 3.02 acres. The applicant states that there are no wells on the property. This proposal, therefore, would require two new wells. The only time this office can consider recommending approval of subdivi- sions proposing additional exempt wells in an aquifer tributary to an over-appropriated stream is when: ( 1) only one additional well would be required for in-house use only, (2) there has not been a prior subdivision or exemption associated with the property since May 31 , 1972, and (3) there are no conditions on any existing well permits prohibiting the proposed additional well . Such "exemption" proposals are considered on a one-time basis only. All other proposals calling for additional wells require an augmentation plan developed through the Water Court. Since only one in-house well would be available, we cannot recommend approval of this proposal . Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/1215I cc : Alan Berryman, Div. Eng. Steve Lautenschlager 871260 6/ 7A7l DEPA ENT OF PL NNING SERVICES ,,:kti(7tt � PHONE 1303)356-4000 EXT.4400 915 10th STREET I lilt GREELEY, COLORADO 80631 CASE NUMBER RE-1036 COLORADO July 7, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from J. Kenneth and Erma Lambert for a recorded exemption. The parcel of land is described as part of the SEI of Section 1, TIN, 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 2.5 miles east of the Town of Fort Lupton. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 14, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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/does not) comply with our Comprehensive Plan for the following reasons. o r- 'a 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our o town for the following reasons:co a. 3. .)( We have reviewed he�prgposlignd find no conflicts with our interests. Ai n "d5 PY n 1 rec 4. A formal recommendation is under consideration and will be submitted to you prior to: g 5. jos e e�/ /Agency:ttoenclosed lle r.Si ned: 7A- ' c efi !C Date: /87 871260 (1IEff1ORAflDUff1 11111kTo Planning Department DateTuly 110O1987 COLORADO From Health Protection Services Case Number: RE-1036 Name: Lambert, J. Ke eth & Erma Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permits are required for the two proposed modular homes septic systems, and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. 1P v /3 .RJL 1 11987 froiti Cr,. Worm* i,nmmissiot Si 1260 FIELD CHECK FILING NUMBER: RE-1036 DATE OF INSPECTION: July 30, 1987 NAME: J. Kenneth and Erma Lanbert REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the E} SE} of Section 1, TIN, R66W of the 6th P.M., Weld County, Colorado. LOCATION: The southwest corner of Weld County Road 37 and Highway 52. LAND USE: N Highway 52; 1 residence; natural vegetation E Four residences; Weld County Road 37; pasture S residences; natural vegetation W natural vegetation ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to both parcels is from Weld County Road 37 which is a paved road. The parcel is not currently being farmed. anoze n 11 J. jar n Current Pl ..er 871260 Hello