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Home My WebLink About920836.tiff RESOLUTION RE: APPROVAL OF AMENDED RECORDED EXEMPTION NO. 942 - BOYD M. AND ALLISON J. MEYER 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 Amended Recorded Exemption No. 942, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Amended Recorded Exemption No. 942 was submitted by Boyd M. and Allison J. Meyer for property which is located in part of the NI of Section 24, Township 6 North, Range 67 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 80.4 acres and 2.6 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 prepared 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. The applicant shall be responsible for paying the recording fees. 2. The road along the Greeley No. 2 Canal shall not be used for access unless the appropriate agreements are executed with the ditch company. 3. 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. 4. 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 systems. 5. Access to both parcels shall be provided by the existing forty-foot access easement across Recorded Exemption #1440, south of Highway 392. 920836 / A7/ 1 Cr. ; PI , ft! AMENDED RECORDED EXEMPTION NO. 942 - MEYER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of September, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to there: e ge 17-ey,/� nned Chairman BY: 44 Deputy Cle k to the Board onstance L. Harbert, Pro-Tem APPROVED AS FORM: C. W. Kirb a County Attorney Gor n cy ] f W. f . Webs er 920836 CONDITIONS OF APPROVAL AMENDED LOT B OF RE-942 BOYD M. AND ALLISON J. MEYER 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 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 Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. The road along the Greeley No. 2 Canal shall not be used for access unless the appropriate agreements are executed with the ditch company. 3. 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. 4. 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 systems. 5. Access to both parcels shall be provided by the existing forty foot access easement across Recorded Exemption 1440, south of Highway 392. 92O836 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET VI ID GREELEY,COLORADO 80531 C. COLORADO September 2, 1992 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Amended Recorded Exemption 942 Dear Commissioners: This request for an amended recorded exemption is submitted by Boyd M. and Allison J. Meyer. The parcel of land on which this request is being made is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The property is located south of Highway 392, approximately .5 miles east of Weld County Road 23. This request is to amend Recorded Exemption 942, which was approved by the staff in 1986. The original recorded exemption created a 3-acre parcel and a 140-acre parcel, more or less. Lot B of the recorded exemption, the 140-acre parcel, was divided by the Greeley No. 2 Canal, but was considered one lot of the recorded exemption. This application, if approved, would reduce Lot B so that Lot B is only that part of this property south of the canal. Submitted with this amended recorded exemption application is a new recorded exemption application taking the parcel of ground north of the ditch and applying to create two building sites. Lot A of the original recorded exemption contains one dwelling unit. Lot B does not contain any dwellings. The applicants currently use and propose using North Weld County Water District as the water source. Septic systems would provide sewage disposal. The Department of Planning Services' staff has concerns that the proposed amended recorded exemption will be inconsistent with efficient and orderly development. According to the original application, approved in 1986, the purpose of the application was to "correct an improper land split" . As shown on the attached aerial photograph, the recorded exemption created a 3-acre land-locked parcel, accessible only by a 40-foot access easement south of Highway 392. A 25-foot access easement continues across the 3-acre parcel to provide access to Lot B. 92O836 Board of County Commissioners Amended Recorded Exemption 942 Page 2 If this amendment request is approved, the parcel of ground north of the ditch will become eligible for a recorded exemption application. In fact, a recorded exemption application on the parcel of ground north of the ditch was filed in conjunction with this application. Recorded Exemption 1381 was approved in 1991, on the parcel immediately west of this property, and created a 7-acre parcel and a 7.5-acre parcel, more or less. The level of development and the potential for continued divisions occurring in this area warrants concern. Development in this area has reached a level where continued divisions may evade the intent and purpose of the Weld County Subdivision Regulations. Residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. Service demands increase as density increases. The staff requests 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. Sincerely, Le.1, Lanell J. S son Current Planner LJS/sfr 920836 o coi,. °° s • lvle ,R e e.-I , r c / n j.'• ©� +J p v a Af °l r • _ ), .t 'Al. - .( • .°• •••;, • •-C.. q 1 p. . . . , ;l; :a .° � °✓° Loot�' x. n r 2 20 : =, eI i' x,. . ]•• o• • •`� : Packard Resent,° • �z° • :Lo •._ 2_ - ---- �• -: -ing__76 . ‘._____ .. iiiii______Sh4r ,��s fC, 1•�• ° ' AE< 1, • 11�W�£51FNN:j ,��.�yyyyx��S ��.r x. lxsa� ,SEVE00 V)•Io• a° IL' 1•.•[�' , j gtli,� ■ I� 1. 74• • . . 1 'a il . ), •I••xv..e. • •� 0N•_ :i -..,._ ,u .. 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Meyer REQUEST: Amended Recorded Exemption and a new Recorded Exemption LEGAL DESCRIPTION: Part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392 , approximately .5 miles east of Weld County Road 23. LAND USE: N Highway 392, agricultural production E Agricultural production S Agricultural production W Pasture, livestock ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The parcel south of the ditch is in row crops . The parcel north of the ditch contains row crops and oil and gas production. It appears that an easement agreement may be necessary to provide access to the parcel south of the ditch. u e LR_r-�+?.�� 920836 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 • CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. ( LC--- 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: See Attached TOTAL ACREAGE: 83± Acres 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 No X FEE OWNERS OF PROPERTY: Name: Boyd M. Meyer and Allison J. Meyer Address: Box 96 Johnstown, CO 80534 Phone: 587-4710 Name: Address: Phone P ,a..� Name: I.J1 JUL 30 Address: Phone: Weld County Planning Nam w6hP /Mend id)aD WATER SOURCE: Larger Parcel .N/A • Smaller Parcel N/A au - GOT Setae TYPE OF SEWER: Larger Parcel N/A' Smaller Parcel on-lot septic PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Exist . Residence ACREAGE: Larger Parcel 80.4± Acres Smaller Parcel 2.6± Acres 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 ) Signa u e: Owner or Authori Agent Subscribed and „tin to before me this/ day of 42 j$ 19 / * ... % y } JADES L. 9, ieth114--1 KADOUS Ic. N ry Public N�, •may miss11� �L My Com 920836 Intel 1nill Land Survey,.ig -Registered in Colorado& Wyoming e • 1301 N. Cleveland Ave. Loveland, Colorado 80537 (303) 669-0516 t �\ PROPERTY DESCRIPTION: That part of the N4 of Section 24, Township 6 North, Range 67 West of the 6th P.N. , Weld County, Colorado more particularly described as follows: Beginning at a point on the North line of said Section 24, 310 feet West of the Northeast corner thereof, running thence South 1472 . 50 feet to an iron pipe on the South bank of No. 2 ditch; thence along the South bank of said Ditch; North 65°51 '00" West 167 feet ; thence North 56°16 '00" West 142.50 feet ; thence North 76°14'00" West 103. 5 feet ; thence North 49°03'00" West 98 feet to an iron pin; thence South 875.00 feet ; thence West 1851 .00 feet ; thence South 500 feet to the Southwest corner of the NEB of said Section 24; thence West 469.40 feet, more or less, to a point on an existing North-South fence line; thence Northerly along said North-South fence line to the North line of said Section 24; thence East along said North line of said Section 24, 2851.00 feet , more or less, to the place of beginning. EXCEPTING therefrom that portion of the above des- cribed parcel lying Northerly of the centerline of said Greeley No. 2 ditch and also excepting that parcel of land conveyed to Weld County by deed recorded December 8, 1952 in Book 1345, Page 337, records of said Weld County 920836 Inteh 1nill Land Survey.ag -Registered in Colorado& Wyoming 4 e .,.. 1301 N. Cleveland Ave. „® s Loveland, Colorado 80537 (303) 669-0516 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 re: Recorded Exemption No. O8O7-24-1-RE 942 To Whom It May Concern: Application Requirements for Amending the above referenced Recorded Exemption 1. The purpose of amending this recorded exemption is to release that portion of land lying Southerly of the Greeley No. 2 ditch from the existing recorded exemption. 2. This proposal is consistent with the policies of the Weld County Comprehensive plan in that the uses and nature of the land will not be changed by this amended recorded exemption. The lands are now zoned agriculture and shall remain a primary agricultural use, thus—insuring the proposal is consistent with the intent of the agricultural zone district in which this property is located. 3. The uses that will be permitted are limited to those permitted by the Weld County agricultural zoning district which includes crop, pasture and limited animal husbandry. This is compatible with the existing surrounding land uses as they are also presently engaged in the same agricultural uses. 4. The uses permitted will be compatible with the future development of the surrounding areas as permitted by the existing zoning and with future development as projected by the comprehensive plan of Weld County. 5. This proposal will not be inconsistent with efficient and orderly development as the existing uses will not change as a result of this Amended Recorded Exemption. 6. Existing on-lot septic sewer system and an existing domestic water tap are now in use on Lot A. Lot B is not proposed as a residential use at this time. 7. This property does not lie in a flood plain, geologic hazard or the Weld County Airport Overlay District . Sincerely, Intermill Land Surveying, Inc. 920836 BOARD OF DIRECTORS - ERNESY TIGGES 41e NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS 9M HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER 2sill y,/ LYLE NELSON, MGR. •� P.O. BOX 56 • PHONE 356-3020 July 31 , 1992 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: N1 of Section 24-6N-66W 1• 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 QUNTI ER ISTRICT L e D. Nelson, Manager NDL/ds Intermill Land Surveying • 920836 REFERRAL LIST NAME: Boyd M. and Allison J. Meyer CASE NUMBER: Amended RE-942 REFERRALS SENT: July 30, 1992 REFERRALS TO BE RECEIVED BY: August 13, 1992 COUNTY TOWNS and CITIES ____Attorney Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office Dacono ____Sheriff' s Office _Eaton ____Engineering Erie _ _Housing Authority Evans Airport Authority Firestone _ _Building Inspection ____Fort Lupton _Frederick STATE Garden City _Division of Water Resources Gilcrest Geological Survey Greeley ____Department of Health Grover _ X Highway Department Hudson _ _Historical Society _Johnstown ____Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _ Ault F-1 _Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken _ _Brighton F-3 _New Raymer Eaton F-4 _Northglenn Fort Lupton F-5 Nunn Galeton F-6 _Platteville Hudson F-7 X Severance Johnstown F-8 Thornton La Salle F-9 X Windsor _Mountain View F-10 Milliken F-11 COUNTIES _Nunn F-12 Adams _Pawnee F-22 Boulder Platteville F-13 Larimer Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 ____US Army Corps of Engineers Southeast Weld F-16 ____USDA-APHIS Veterinary Service _Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton Central Colo. Water Conservancy Dist. Fort Collins ____Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission Longmont yL GOStj (o,Z Cdr_ West Adams COMMISSION/BOARD MEMBER 920836 mEmoRAnDum Wi`,k Lanell Swanson Weld way Planning August 6, 1992 To Date COLORADO John S. Pickle, M.S.E.H. , Director, Environmental Health 1 /� From ( �� y�, 4C Anli (�/l, Subject Case Number: Amended Lot B, RE-942 """^�9 Name: Meyer, Boyd M. & Allison J. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A 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 I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. An individual water supply well must be located at minimum a distance of 100 feet from septic system, or any other source of pollution potential. JSP/JS/lam-1606 AUG U 199'2 LJ Weld County Planning 920836 STATE OF COLORADO DIVISION OF HIGHWAYS 0T c0 H P.O. Box 850 et *`si Greeley, Colorado 80632-0850 (303) 353-1232 l � $ N'E ACOMP Weld Co. , S.H. 392 Meyer Amended Recorded Exemption, 0. 5 Miles E. of C.R. 23, S. Side, So. of Irrigation Ditch August 10, 1992 Ms. Lanell Swanson, Plannery1r Department of Planning lr Weld County AUG 1 1 We 915 Tenth Street Greeley, CO 80631 AlcUiI;c:...:, `o rai Dear Ms. Swanson: We have reviewed the application for the Meyer Amended Recorded Exemption, and we have the following comments: Projected traffic on S.H. 392 indicates the need for a 150 foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property may be less than 75 feet south of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. Direct access to the state highway for both Lot A and Lot B must continue to be obtained from the existing access to the property. No additional direct access to the highway from either parcel will be permitted. At such time that a change of use of either parcel takes place, an access permit may be required. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hoope , Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File 920836 DEPARTMENT OF PLANNING SERVICESPHONE(303)356 4000,EXT.4400 'drtimitiC 915 10th STREET GREELEY,COLORADO 80631 VI C. COLORADO July 30, 1992 CASE NUMBER: Amended Lot B, RE-942 TO WHOM IT MAY CONCERN: Enclosed is an application from Boyd M. and Allison J. Meyer for an Amended Recorded Exemption. The parcel of land is described as part of the N2 of Section 24, TEN, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Highway 392, approximately .5 miles east of Weld County Road 23. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 13, 1992, so that we may give full consideration to your recommendation. Please call Lanell J . Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 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. L...„." We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: 6. L �Agency:�6L-�tm rzd%.NL� Date: `(�91� ,i �'.' gbli,�Vil D ll JI t AUG 1 . 1992 i� 920836 • 4 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 111 C. COLORADO July 30, 1992 CASE NUMBER: Amended Lot B, RE-942 TO WHOM IT MAY CONCERN: Enclosed is an application from Boyd M. and Allison J . Meyer for an Amended Recorded Exemption. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Highway 392, approximately .5 miles east of Weld County Road 23. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 13, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 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. k We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. ( Please, refer to the enclosed letter. Signed: 7�tl,L )l Q77Jtt5AencY: NO - u AU6 1 7 199211 920836weldCoujPlanning • tt DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET DGREELEY,COLORADO 80631 C. COLORADO July 30, 1992 Boyd M. and Allison J. Meyer Box 96 Johnstown, CO 80534 Subject: Amended Recorded Exemption 942. Dear Mr. and Mrs. Meyer: Your recorded exemption application is complete and in order and will be processed on or before August 30, 1992. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Windsor and Severance Planning Commissions for their review and comments. Please call Janet Carpenter, in Windsor, at 686-7476, and Roberta Haas, in Severance, at 356-4000, ext. 4289, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Windsor and Severance Planning Commission meetings to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, /Yl c Jam/ Lanell J. S son Current Planner LJS/sfr 920836 (it DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 915 10th STREET 111 9 GREELEY,COLORADO 80831 C. COLORADO August 28, 1992 Boyd M. and Allison J . Meyer Box 96 Johnstown, CO 80534 Subject: Amended RE-942 and RE-1440 - Request for an Amended Recorded Exemption and a Recorded Exemption on a parcel of land described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Meyer: I have scheduled a meeting with the Board of County Commissioners on Wednesday, September 2, 1992, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,i(:>raxH-ae7%—k'\' Lanell J. S nson Current Planner LJS/sfr pc: Ed Orr Orr Land Company 801 8th Street Greeley, CO 80631 920836 Hello