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HomeMy WebLinkAbout870105.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 964 - RANDALL AND MELODY YEAGER 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. 964 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 964 was submitted by Randall and Melody Yeager for property which is located in the NEQ of Section 6 , Township 1 North , Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicants 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 155 acres and 5 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 conditions: 1) The applicants 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 sixty days from the date of approval by the Board of County Commissioners; and 2) The applicants shall submit documents that indicate their willingness to comply with the conditions and/or restrictions of the Division of Water Resources identified in its letter of January 22 , 1987. The documents shall be submitted prior to recording the recorded exemption plat. 870105 � f ..S Page 2 RE: RE #964 - YEAGER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS ATTEST: Qt WELD COUNTY, COLORADO Weld County Jerk and Recorder EXCUSED and Clerk to the Boa d Gordon E. Lacy, Chairman B • C.W. Kifby, Pto-Tem eputy County C rk APPROVED A TO FORM: ene R. antner qu ' ne son / ounty Attorney Frank Yamaguchi 870105 DEPARTI NT OF PLANNING SERVICES (OS jrimi‘r PHONE(303)356-4000 EXT. 4400 915 10th STREET GREELEY, COLORADO 80631 WUDc. COLORADO February 11, 1987 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 RE: RE-964 Dear Commissioners: This request for a recorded exemption is submitted by Randall and Melody Yeager. The parcel of land on which this request is being made is described as NE} of Section 6, TIN, R64W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2} miles northeast of Hudson, on Weld County Road 51. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 155 acres and 5 acres, more or less. The applicants wish to sell the 5 acre parcel to relatives. The Town of Hudson and Weld County Health Department have reviewed the application materials and have no objections to the request. The Division of Water Resources has also reviewed the application materials 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 January 22, 1987. The staff recommends that the Board of County Commissioner 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, cmac 4 Chuck Cunliffe, Director Department of Planning Services CC:dy 870105 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Randall and Melody Yeager Case No: RE-964 Legal Description: NE} of Section 6, T1N, R64W of the 6th P.M. , Weld County, Colorado. Larger Lot Size: 155 Acres ± Small Lot Size: 5 Acres ± Criteria Check List Meets Criteria Yes No X 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. X 6. Complies with the Weld County Comprehensive Plan. X 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. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 870105 FIELD CHECK FILING NUMBER: RE-964 DATE OF INSPECTION: February 7, 1987 NAME: Randall and Melody Yeager REQUEST: Recorded Exemption LEGAL DESCRIPTION: NEI of Section 6, TIN, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2} miles northeast of Hudson on the west side of Weld County Road 51. LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The property is presently vacant and has been in agricultural production (corn and wheat) . The property slopes to the south and west. Access to Weld County Road 51 is existing. Weld County Road 51 is gravel surfaced. There is an existing concrete foundation apparently from an old house located in the northeast corner of the property. By: einUAL1‘—v--94 Chuck Cunliffe, Director Department of Planning Ser ;.ces 870105 e4r T .f. -33/-4.� h:�.. r. ;A TM� i/..ri i33,, 3 '„3 . > .i.� iif .S.ix+:'� ip:0'4t�A� tSliii,),Fi 1!K' i.�`•.;ths �Rt.n,`_`9vit4„ a t.&, 5 Axz �•'xis)' rWgr t S`V3IS,ir 4-ifahC2 eliVette-'lak 'J. iat*Y*,'1 ti,f'L`e ( �y �V y) \ \\ \ ,Th'--) -44, y) �a -- v.% $N �ayeo �_. „.,„:1 9y �. `� � ' 999 Cn C \-- 2 ,wen 30 o,o — © w ¢Well J \ S \ - 1.L . --___., 49,2 49 99 a T � ���/ �/' 2 ll \ • <s 00 I J sao '� 920 49/0 ' . - 1 I � �A_ v 1 a: l 3 v� :-//3 6 ilt 7 p — --„, ) (mss , jary ^S �i• ��^vv)\/ • 4934 'nom. 0 o , �\ D\ 4939 Ireland � ( �� C_. �© Rea No PFv �_ \ - \\ 0960/® 4939 /(� y m \ \5�� �x��\ Q1O O -,s, 1377/ 3 (---:__ i --N i \ \ a(( (50,0 7 /. 41)44O� . . \. a r o 11 5036 -� x954 4 2 �� �}, 5041 "�`• 1 , ,►.� ) ,, '�� :\ 4 :':\( 7 - .wens -) : \, ,,,, ( 12well O / 1 7 JI , \ 8i o° \ \;'; 1 ' i• 47t : ppry /�. 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'I A • • • 20 1 zi 22 2l •1 VI• 22 H•, • •• • 2O et 2[ •1 U i 1 11 /Go I Ct I • 1 •2l 1 ' • ! _ as 9 • /,yt21} i . el I. / M ' 76 ,I •• ,>2 • • >✓e .• >a h » • V` )40 '/ >l• •�••••U . >I 11 >: • j' .0 ,i ,•EC, �•iyesif fir• :•�2•. . E�� , • ` C "v L •�• n'l• q !' k u •i }R" p, 2 • @@' • 1 c • dt�. • I , .te ; ,LOIN •• . • :: I• l • • 21 • 22 •) ..0 ' 2. 2 o , �f I o2eso«2 •30 r it . 2• i�• • •• ,. NJ2 ^— • „ ^ >. `�Nt (..n• f G 11 1 c.. . c APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: c ((�� APPL. FEE / CASE NO. R pE- -ri, '4- RECORDING FEE ZONING DISTRICT rm1/4 \4401. 0 RECEIPT NO. /11)9/ DATE II f tti APPL. CHECKED BY CL-Y/19 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 Northeast '/a of Section 6, Township 1 North, Range 64 West of the 6th P.M. TOTAL ACREAGE: 160 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Randall R. Yeager Address: 2201 Skeel, Brighton, Co. 80601 Phone: 654-0418 Name: Melody Yeager Address: 2201 Skeel , Brighton, Co. 80601 Phone: 654-0418 Name: Address: Phone: WATER SOURCE: Larger Parcel Well Smaller Parcel Well TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Farming Smaller Parcel Single Family Dwelling ACREAGE: Larger Parcel 155 Smaller Parcel 5 EXISTING DWELLINGS: (Yes or No) No (Yes or No) No 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 ) R STATE OF COLORADO ) j�, I �drj9�/ 11) \. , Signature: Owner or Authorized esent Subscribed and sworn to before me_thls__ 17th day of November , 1986 , t SEAL) Ii/ II Notary Public /f H ; Weld Co. Planning Linmmissiau E, My Commission Expires 03-15-1988 - It 870105 ') To whom it may concern: The property under consideration for the recorded exemption has no existing dwellings or buildings on it. The reason for the recorded ememption is that I plan on building a house on the smaller parcel and I would like a separate legal description and Warranty Deed on each parcel. I will be taking no land out of production, the large parcel will remain as row crop and dryland. The zone district is agriculture and will remain that way. The division of this parcel of ground will in no way interfere with any of my neighbors. The smaller parcel will be used for single family dwelling only. I feel this will be compatible with the existing sur- rounding land uses, both present and future . As evidenced by the attached Flood ;:Sap, the property under consideration is not located in a flood zone. Sincerely, jS� „ kt andall 3.I & Melody Yeager 870105 - • ._ A o T6 QVOU AiNflOO MEM O 1 -o ro in C o034-, a) N.C C coo A co -P I I H +, T co a) •r1 •O •rl J X N •--I a) z41-1-1-""' ' I H H U N -I L (0 w +) N - C al O L C C •i °Q I In o -i a)m• od .C) U•-i ^1 V' 06 0 •-I a ¢ I Q < c 3 +' a) O hN to' w I • a) > rn•.i o N I ++ Sl N •r4 a) C O I W N d a U I a) O a) • II U -Pin OLi` S7 -I Q In L I I Q,>- U N-I C •O LC C N A •ra to C H I u ++a) al "O a) (OH -I u In a) •-i w < a)•--I CO O I N I I69h - ►r fi O;4I • CO A C) a) d N LC) L ro • x .a ¢ +' a. V H H O 6 w N---a S9V--M C • N C . O 0 .-i •ri a) ++ H C al u in o a) k v 'O In O •1-I a) ••-I in ' in N C C )n O O in al U •rl -i C H O. -O WE .--I --I v m w --I O C X U 7 V O W N A ro N >.• O. T3 +) a) a) p a m a) N a) O O. O U) O. O U a) a a a al. 1-4 a a ¢ m x to il U C H r ' 0179-6 M 870105 SOTO2S ( i it to Et �z - I-. N 0 m to a N u a W YTN r~N M :1 0.1 ; I M8 1,33 8 Mt 3 g V :j Lbiliii5I 03 1 i iii WI` aYlo g - - N5s r>Y> a j 3- 1 .IR ut �. K. �.ac-1 _ .sv" .- N. in ti WI a H �5 e1 .. . 3d _ O N a l/ I a- Y 0 t h M _ \ 00,_.121„ � 1 Jlm Cne� n A -ttog l / 111 ' I t . . S J � ® b w Lie , C. Ytir J�1 .: n 8 v I / jai- __I bV m / 2 F l t S NNER LPIS5 , E 1 1 UA 0 z $ ii N le ,a«- qJ� o� I-1- I3 p1I 3 ;V �gr _ - J„1g_ pWe2 5 g rfli -or= .. _ aC J �p-°i5 oS� kot.s x I,o - sic WR _ortigircu4 aa -� 0 Mt Ov _pli IC OOV A0/7 l 1 h! 33 ; a -Ise ........... a r.. •---+ A•e.,s,. w..a"." ••....ry r-r^ Pr—w •••^s+ pars allmagli In!T':l Me Sr r- k:re hj,;,<s:r t--a . - t €j-jw,• . r 1-14>u•k•.x ;r'ow),.11..4, # . . n �....:# SOTOGS r N. / E --� E — �. 0 0 — _ // i w C �r '/ 44.4 o ��r/ /i/ \� i CO Bferal�Il /L„ �/ *� !�� Jim No.i..�� \ �/ N ____, 7 \, 2/2 t -q • .-may. M N O ° • • -1,t‘ (—vote 'L rdo \ 2,16 r tb d7 m Cenel_ C of �' Neves \ i 11 ° \ w / D P X U /.. / OF 7 ,,, X-1: \ 741 +P9 RICHARD D. LAMM ANT a k `D JERIS A. DANIELSON Governor \— /// State Engineer \ 7 ** 1876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 December 10, 1986 Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Yeager Exemption, RE-964 NE1/4, Sec. 6, T1N, R64W Dear Mr. Cunliffe: We have received the above referenced proposal to separate 160 acres into tracts of 155 and 5 acres. The proposed 5 acres would be used as a residen- tial tract and the applicant is seeking a well . We could make a household use only well available for the 5-acre tract. Use of this well for lawn and garden or livestock watering would be prohi- bited. If these limitations are acceptable to the applicant, we can recommend approval . We ask for a plat note or covenant to reflect the limitation on the use of the well . The larger tract is intended for agricultural use. We consider this to be a one-time exemption and thus we would be opposed to any future separations of the 155-acre tract of less than 35 acres. The availability of a domestic well for this tract will be the same as any tract over 35 acres. Sincerely, � 2 ' t) ...1,,,..e,..._ Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/8977H cc: Alan Berryman, Div. Eng. Steve Lautenschlager P0 i, rvir`1 tii r tlz�;s7�,JC\.Mr �� ' ' 1986 J V51d Co. Moot t,ommissioit 870105 �� mEMORAnDU AD, WilkTo Weld County Planning oea COLORADO From Health Protection Services . Case Number: RE-964 Name: Yeager, Randall 8 Melody Subje« Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permit is required for the proposed home and its septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. By Direction of Ralph R. Wooley, M.D. 1\11 I \\\ 870105 ,nmsrmi DEPARTMENT OF PLANNING SERVICES Ili PHONE(303)356.4000 EXT. 4400 �� 3^�, 4tr 915 10th STREET n,.;�` W.,,5. GREELEY, COLORWO 80631 ��T 414W1 4x'4 iyl riM ; ?y' 0 00LORADO CASE. NUMBER RE-964 November 25, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Randall and Melody Yeager for a recorded exemption. The parcel of land is described as the NEI of Section 6, TIN, R64W 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 northeast of Hudson. 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. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by December 9, 1986, so that we may give full consideration to your recommendation. 1 . We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan f r the following reasons. [1 N C Q .-- a P--e C 0✓J V z I CJ v `,' .✓Y- 14 .IL 4 7. W a. 11e 4-c. 4-- A- TAe Ac t cie /ci 5,0,✓. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: 4. P ae ,fer to, the enclosed letter. i / / , �io,✓ a'- J �'o d— Signed: � .0,*- `� `� Agency: i 4//';r,a„� Date: f L/ 7.--70'L Thank you very much for your help and cooperation in this matter. Chuck Cunliffe �� Department of Planning Services D .I Ii�,:I[�,!y/ 10Ph I U _4-7, delri go. ?h01tli',k airro415:11 w 870105 +GiJ��$;" .�`t:��5*'@.FGA:�t^'�?arawy7S*+�"-:``•9�T-`�cyS,''�:eS',t:>r,':h`::.�lr-s.*: ,•�.'i x..-< ::3. — _ To: Department of Planning Services Atten: Chuck Cunliffe 915 10th. St. Greeley, Co. 80631 From: Randal R. & Melody A. Yeager 2201 Skeel St. Brighton, Co. 80601 Re: Recorded Exemption Date: December 22, 1986 Mr. Chuck Cunliffe, This letter is intended to explain the source and purpose of a domestic well to be located on a five acre parcel under consideration for a recorded exemption. We plan on dril.l.ino a well anproximatly 960 feet in depth into the cox Hills water formation. The well will provide water to two households , one on the five acre parcel and one on the larger parcel of one-hundred and fifty-five acres . The water will be used mainly for domestic use with less than one acre outside use. We currently own Henrylynn Water Rights on the entire quarter section. If you have any questions please call. b,sLi - OHlb Sincerely, c &e,k A tA‘ c.c1w Randal R. & Melody A.\Yeagger 19.E 0 LA L1Ih T Weld Cu. 0lann ev 870105 (......_ _ i DEPARTMENT OF PLANNING SERVICES I; • �s? PHONE(303)356-4000 EXT. 4400 A & ' 915 10th STREET G REf_LEY,COLORADO 80631 7:2, '4 mill• 2 ] v¢2.'4 COLORADO December 30, 1986 Mr. Eal D. Simpson, PE State Engineer Division of Water Resources 1313 Sherman Street Rocm 818 Denver, CO 80203 Re: Yeager Exemption, RE-964, NEI of Section 6, T1N, R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. Simpson: The Department of Planning Services Staff has received additional information from Mr. Yeager regarding the proposed water well on the property. I have included a copy of Mr. Yeager's letter with the additional information for your review. Please inform us if this changes your recommendation stated in a letter dated December 10, 1986. Sincerely, Ctiwjr,, Chuck Cunliffe, Director Department of Planning Services CC:dy pc Mr. Randall Yeager 2201 Skeel Brighton, CO 80601 Enclosure 870105 r a "1-`• c .i,�P"..'�.�"r.`-'?r.':'N s-s'r.:?1:cN t'�r.. . . . `,-:S:, 'F, j y RICHARD D. LAMM h� $ JERIS A. DANIELSON Governor State Engineer r * 1876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 22, 1987 Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Yeager Exemption, RE-964 NEl/4, Sec. 6, T1N, R64W Dear Mr. Cunliffe: We have reviewed the additional information submitted to us concerning the above referenced proposal . The applicant now plans to construct a well in the Laramie-Fox Hills Formation to provide water for a house on the five acres and a house on the 155 acres and less than one acre of outside use. The well will be located on the proposed five-acre tract. Our information shows the Laramie-Fox Hills aquifer to be non-tributary under the 160 acres involved in this exemption proposal. It does not appear that there is enough water in the aquifer under the five acres to supply the proposed uses. A well permit to serve one home and a limited amount of irrigation may be available on the five-acre tract. If the applicant, however, would construct the well to serve both lots on the larger tract, it appears that a well permit for the proposed uses would be available. 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 property 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. JAN 2 61987 870105 Nelfi Co. (Nohow IAIgm ooI Mr. Chuck Cunliffe Page 2 January 22, 1987 If the above provisions are met, we can recommend approval of this pro- posal . Please let us know if you have any further questions. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/9187H cc : Alan Berryman, Div. Eng. Steve Lautenscnlager 870105 CONDITIONS OF APPROVAL RE-964 Randall and Melody Yeager 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 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. The applicant shall submit documents that indicate the applicant's willingness to comply with the conditions and/or restrictions of the Division of Water Resources identified in its letter of January 22, 1987. The documents shall be submitted prior to recording the recorded exemption plat. 870105 Hello