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HomeMy WebLinkAbout910627.tiff RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION N0. 407 - J. LLOYD WASHBURN 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 has reviewed the request of J. Lloyd Washburn for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101(10) (d) , CRS, as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations, and WHEREAS, this Subdivision Exemption request from J. Lloyd Washburn is to allow the property to be conveyed to the Briggsdale Fire Protection District, to then be exchanged with Weld County for property in and around Briggsdale for a grader shed, and WHEREAS, said land is located in south of and adjacent to State Highway 14 and north of the Town of Briggsdale, being more particularly described as follows: Part of the Wi NWi of Section 28, Township 8 North, Range 62 West of the 6th P.M. , Weld County, Colorado NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101(10) , CRS, as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations. BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1. The plat shall be amended to show an easement certificate and a 30- foot access easement across the property to provide access to Lot B of Amended Recorded Exemption 11971. 2. 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 9-3 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 910627 SE 4O1 Page 2 RE: SE 11407 - WASHBURN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT , ORADO Weld County Clerk to the Board Gord . ac , irman By: _3�Q,,��yy���Yl,rit,, , EXCUSED DATE 0 SIGNING - (AYE) Deputy Clq¢k to the Board Geo a Kennedy, Pro-Tem APPROVED AS (FORM: Constance L. Harbert ----____ 01 Y' egf,1,, d7 County Attorney C. W. Kirby W. H. Webster 910627 if DEPARTMENT OF PLANNING SERVICES r' PHONE(303)356.4004 EXT.4400 Tr 1 -.,- ,. ,' 91510th STREET ' GREELEY,COLORADO 80631 C. COLORADO July 22, 1991 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Subdivision Exemption #407 Dear Commissioners: This request for a Subdivision Exemption is submitted by J. Lloyd Washburn. The parcel of land is described as part of the W2 NW4 of Section 28, TBN, R62W, of the 6th P.M. , Weld County, Colorado. The property is located south of and adjacent to State Highway 14 and north of the Town of Briggsdale. The applicant is requesting the Board of County Commissioners determine that this parcel of land is exempt from the definitions of the terms "subdivision" and "subdivided land" and that this division of land is not within the purposes of Section 2-1 of the Weld County Subdivision Regulations. The applicant wishes to convey the property to the Briggsdale Fire Protection District. The Fire Protection District would then exchange the property with Weld County for property in and around Briggsdale. The County is proposing to construct a grader shed on this property. Based upon the submitted information and policies of the County, the Department of Planning Services' staff requests that the Board of County Commissioners determine that the land split is exempt from the definition of the terms "subdivision" and subdivided land" and that the division is not within the purpose of the Weld County Subdivision Regulations. 591°1 9101327 Subdivision Exemption #407 Page 2 The Department of Planning Services' staff recommendation is conditional upon the following: 1. The plat shall be amended to show an easement certificate and a 30 foot access easement across the property to provide access to Lot B of Amended Recorded Exemption #971. 2. 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 9-3 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. Respectfully, 7t . Schue t Current Planner It ,,.,+ 1 I I I ! 7 r g I r-- Si .. ` 1 _- ; �(\J ` �. ( ` \ l I�_ 4•• •.— - - - - - - - - - - '� - - - - - - j•- .1- - - I,I 4 It I Is 5 I• I] 1• n .. Y 15 I• ! D• �Ir i » �� \� i\ 1 1 . I , , c I• \v 20 _ 23 3• » 2a 2. 1 I 2r 23 3• 2• ; __ `! I ! •'• ) 1 I ___ _ '- 1PART r 1 � 1 )o I of 3s n as as s• p is • S. N r •' I • •' • • 1 j g. I I )2 33 3. M N !. • 3: V •• . >. N 3, L qa - .Second C27rrecho* J � ` �� .� 1 •I 15 t� ♦ ]� t • • 3 2 •1 I • a • ) `�\ ` - ' ! y 1\ /1 1 1 • ` G • R A ' IS SI • N 0 S 1 ' • I•I 17 ■ » 1 1 U r • 1 I 17 � I! N , q q I 1{ 15 I 11 c • 1 • I .flI • I 1 Zn • II ia\ ..\?23 1 Vi. 15 20 �i 22 ! • I I� ,p 7, u ..\?/ 1 I ❑ • • •• ,aI h s ! 1]• • as ao,, , far 1, , 3• l0 2f a 37 I li 6 / \ . ..... • \I 32 so N )-.. 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APPLICANT: J,77�� ,�/ by/I /4.90chf�j7/4/ REQUEST: -�tI�D/o2,/Y LEGAL: "1/ te; / p6/` /i&A ®` bj `r—lO 2 LOCATION:r toll- 69,..2.4,4,22,71612/7" Zi) 7/9 fek1477 /062-4139Z Date By Application received JT Application complete _ !, Letter to applicant drafted 5—J2 Referrals listed I File assembled Letter to applicant mailed 142 _ `t _• Referrals mailed Chaind exed _ _♦ ' DPS recommendation drafted i Administrative Review decision: �- History card completed _-�- COMMISSIONERS' HEARING DATE: 7-17— 47/ Date By Air photo and maps prepared Field check by DPS staff Z.- / _ /1*.J CC Action: �i 7 CC resolution received History card completed Recorded on maps and/or filed APPL?e-ATION FOR SUBDIVISION EXEMPTIO Department of Planning, Services, 915 10th Street, Grec_ay, Colorado 80631 PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: ,y /f CASE N0. �JF - 7 APPL. FEE V / ZONING DISTRICT /% RECEIPT NO. DATE 2 APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : TYPE OF EXEMPTION REQUESTED (check one) 0` ti /Y Property line adjustment Used with Recorded 'p6'ilin 2 9 1991 Financing purposes Public utility facility Weld Ca. Flamm Cammtasim I (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. Legal description: Pt. Wi NWa Section 28 T 8 N, R 62 W Total Acreage 3.537 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No FEE OWNERS OF PROPERTY: Name: J. Lloyd Washburn Address: 315 Milton Street, Briqqsdale, CO 8061Phone 656-3680 Name: Address: Phone 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. STATE OF COLORADO ) COUNTY OF WELD ) r � Sig , ture: 0 r or Authorized Agent Subscribed and sworn to before me this .0 day of 4 ten 19c7/. Witness my hand and official seAl. SEAL Notary Publics /-.4.17-671 9 2/.062"'Y My Commission expires: ,mCe_, / 9 74 C�-7-a_j-i E2/G°c _ an // F D I n MAY 2 ? 1991 U ELD COUNTY ATTORNEY'S OFFICE May 9 , 1991 Chuck Cunliffe, Director Department of Planning Services 915 10th Street Greeley, CO 80631 RE : Amended Recorded Exemption and Subdivision Exemption Dear Mr. Cunliffe: The Briggsdale Fire Protection District has contracted with Weld County, Colorado, to exchange property in and around Briggsdale, Colorado, for the purpose of constructing a grader shed. Attached is a copy of the Agreement between the two parties . I currently own the property which the Fire Protection District intends to transfer to Weld County. The property is now included in Recorded Exemption No. 0545-28-2-RE971 . I intend to transfer the property to the Fire Protection District, reserving a 30 foot access easement on the east edge of the property. It is my understanding that in order to accomplish this task, I must first apply for an Amended Recorded Exemption and Subdivision Exemption. This letter shall serve as my statement pursuant to the application for the Amended Recorded Exemption and Subdivision Exemption. The Recorded Exemption Application requirements are attached. Sincerely, Dad fd—Oad nn -. Lloyd Washburn xc: Bruce Barker, Assistant Weld County Attorney Keith Schuett, Current Planner, Dept. of Planning Services 0. � \ ,, Ay 9 9 1991 _ j e 1 z,'9 AMENDED RECORDED EXEMPTION 1 . The completed Application form is attached. 2 . The completed Certificate of Conveyances ,on the subject property is attached. 3 . Attached is a copy of the Deed which indicates that I have an interest in the subject property. 4 . The purpose and reason for splitting off the subject property from Lot "B" of RE971 is best stated in a Memorandum from Bruce T. Barker, Assistant Weld County Attorney, dated March 20, 1991 . A copy of the Memorandum is attached. Please note that the grader shed which will be placed on the subject property will be serviced with water from the Briggsdale Water Company. 5 . The proposal is consistent with the policies of the Weld County Comprehensive Plan, because the use of the property for a grader shed by Weld County, Colorado, will not take productive farm ground out of production. The subject property currently lies immediately to the west of an abandoned railroad grade. It is separated from the rest of Lot "B" of RE971 by this railroad grade. The property is small in size ( 3 .537 acres, more or less ) . Its separation from the rest of Lot "B" and its small size make the property unusable for farm production. 6 . See the answer to 5 . , above. 7 . The use of the subject property for the placement of a grader shed for Weld County, Colorado, is permitted as a Use by Right ° in the "A" (Agricultural) District. The use will be compatible with existing surrounding land uses , because the property will do nothing more than house a grader shed and a mobile home to be used by the grader operator. The grader operations which will emanate from the property are necessary for the maintenance of County roads which are used in the course of farm production. Most, if not all, of the surrounding uses are geared toward farm production. 8 . The uses permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Weld County Comprehensive Plan. c. (.3 P--; aq 9 . The Proposal will be consistent with efficient and orderly development of the area. Access to the property will be adequate from either State Highway 392 or State Highway 14 . Use of the property for placement of a grader shed will aid the efficient and orderly development of the area, because it is hoped that the grader operations which emanate from the property will more efficiently serve the residences and businesses in the Briggsdale community. 10 . The subject property is serviced by the Briggsdale Water Company. The grader shed and the mobile home will be serviced by individual septic disposal systems . 11 . The property under consideration for the Amended Recorded Exemption is not located in a flood plain, geologic hazard, and/or the Weld County Airport Overlay District. The Application complies with Section 50, Overlay District Regulations , as outlined by the Weld County Zoning Ordinance. 12 . All of the information which is attached will aid the Board of County Commissioners of Weld County, Colorado, in making a decision concerning this Application for Amended Recorded Exemption. 13 . A map of the property is attached. 14 . A copy of the Amended Recorded Exemption Plat is attached. SUBDIVISION EXEMPTION 1 . The completed Application form is attached. 2 . My request, the purpose, and benefits for my request are stated above. 3 . A copy of the Deed which identifies that I have an interest in the subject parcel is attached. 4 . A complete and accurate legal description of the parcel being created is attached. Also attached is a copy of the surveyor' s plat of the property. 5 . The Plot Plan of the subject property is attached. (gi? 1 11. i � .� Lr. :� May 7 , 1991 MAY 0 ) 1991 lu E D COUNTY i-\1 ;C,FiNEY'S G='FICE Bruce T . Barker Assistant Weld County Attorney P . 0 . Box 1948 Greeley , CO 60632 Dear Mr . Barker : • In response to your letter of May 2 , 1991 , concerning water hookup for the county grader shop , please be advised that he board of the Briagsdale Water Company has met and has given approval to supply water for the county grader shop and associated mobile home . If we can be of any further assistance , please advise us by return mail . Sincerely , ofwexiku' U /� Lucille Ar magost President Briggsdale Water Company LA/c/ 0 REFERRAL LIST NAME: J. Lloyd Washburn CASE NUMBER: SE-407 REFERRALS SENT: June 14, 1991 REFERRALS TO BE RECEIVED BY: June 21, 1991 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 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 _Brighton F-3 _Milliken Eaton F-4 _New Raymer _ _Fort Lupton F-5 Northglenn Galeton F-6 _Nunn _Hudson F-7 _Platteville Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 _Windsor _ Milliken F-11 —N unn F-12 COUNTIES _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corp of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _ _ Federal Aviation Administration Western Hill F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER f-r jj _ DEPARTMENT OF PLANNING SERVICES \� �p PHONE(303)356-4000,EXT.4400 ag (P"wrigiy�gi D 91510th STREET AND ATION DIVISION GREELEY,COLORADO 80631 C. JUN 17 1991 COLORADO WELD COUNTY HEALTH DEPT. June 14, 1991 CASE NUMBER - SE-407 TO WHOM IT MAY CONCERN: Enclosed is an application from ' for a Subdivision Exemption. The parcel of land is described as part of the W2 NW4 of Section 28, TBN, R62W 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 and adjacent to State Highway 14 and east of Weld County Road 392. 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 ar lellirso that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. ,11 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 f—er to the enclosed letter. � Signed: u / Agency: AkI,n% �f� 71— Date: 6 —r0 — 4217 Hello