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Home My WebLink About910120.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION N0. 1326 - COLORADO COMMODITY TRADERS, INC. 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. 1326, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1326 was submitted by Colorado Commodity Traders, Inc. for property which is located in part of the W/2 NE/4 of Section 35, Township 5 North, Range 65 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 73 acres and 3 acres, and WHEREAS, the Department of Planning has presented certain Conditions of Approval to the Board for consideration in this request, hereby marked as Exhibit "B" and incorporated herein as reference. 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 that this approval is conditional upon the attached Exhibit "B" Conditions of Approval. 910120 n �� Page 1 RE: RE 111326 - COLORADO COMMODITY TRADERS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: ikicuilie WELD COUNT , LO DO Weld County Clerk to the Board AYE � /WI/ Gordo acy airman By: r'zz,gx -�e,�,2 Deputy Clerk to the Boa George Kenne y, Pro-Tem APPROVED ALTO FORM: (12-72-5,4,--e.,_. v �QC--6,,/_(AYE) Constance L. Harbert C J ��t LG/py (AYE) County Attorney C. W.., Kii y / �} �' F'�l/ S itOdti'�� (AYE) W. H. Webster 910120 - - EXHIBIT "B" CONDITIONS OF APPROVAL COLORADO COMMODITY TRADERS, INC. RE-1326 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. 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. 3. 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. 4. Within 30 days of approval by the Board of County Commissioners , the mobile home on the property shall be brought into compliance with the Weld County Zoning Ordinance. 5. The property shall be maintained in compliance with the animal unit requirements of the Weld County Zoning Ordinance. 91120 rest ;;141% DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO February 13 , 1991 Board of County Commissioners Weld County Centennial Complex `31.5 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1326 Dear Commissioners : This request for a recorded exemption is submitted by Colorado Commodity Traders , inc . The parcel of land is described as part of the W2 NE4 of Section 35 , T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is located south of Weld County Road 52 , approximately .25 miles west of Weld County Road 47 . This request is to divide a 76 acre parcel into two lots of 73 acres and 3 acres , more or less . This parcel is the total contiguous land holdings of the applicant . • it is the opinion of the Department of Planning Services' staff that this Recorded Exemption application should be denied. The applicant has failed to show in the submitted application materials how this request is consistent with the Weld County Comprehensive Plan. The guidelines used to allow a division of an agricultural lot into two separate lots are outlined in Agricultural Policy seven. 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; B. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite; and 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 o£ Planning Services' staff that the intent of the recorded exemption process is not to assist in negotiating a sale of the property as two separate parcels. It is the opinion of the Department of Planning Services' staff that sufficient reasons have not been given by the applicant to warrant creating an additional lot at this time. The Department of Planning Services' staff has concerns about 91O20 the level of development and the potential for continued divisions occurring in this area. The staff wants the Board to be aware of the development pattern that has occurred in this area and to consider whether it wishes to allow this type of development to continue. The quarter section which contains this parcel has been divided into six separate parcels since 1967 . The quarter section immediately north of this property has been divided into fourteen separate parcels since 1964. None of these properties was created using a subdivision procedure . Development in this area is reaching a level where continued divisions 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. As density increases, so do service demands . Respectfully submitted, Lanell J . SwatCson Current Planner ar_._ 4 1 l • I � .„ "�`,1 �. e t n / FIt r• • t‘,. , n •�r� • . .. I l.. .:�� . I •T�� ta�r '� o ...... •) •1 •1 •x'Q ie�., /I• .1 �' �"�f al y_. 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O4 •ti 3,.."4••.,.......-•!r '3f a Vz '9 ,,. ,, •a 'f ra f : • a= �� Wit.. FIELD CHECK FILING NUMBER: RE-1326 DATE OF INSPECTION: January 10, 1991 NAME: Colorado Commodity Traders, Inc. REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the W} NE} of Section 35, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 52, approximately . 25 miles west of Weld County Road 47 LAND USE: N Weld County Road 52, residence, agricultural production E Rural residences S Agricultural and oil and gas production W Agricultural and oil and gas production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The proposed smaller lot access Weld County Road 52 and contains 1 house, a mobile home, outbuildings, corrals and oil and gas production. The proposed larger lot is in agricultural production. The mobile home will have to remain in compliance with the Weld County Zoning Ordinance. B 6-7 an 11 J. Curry0 " Current Planner 910120 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 N0. RECORDING FEE ZONING DISTRICT RECEIPT N0. 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: W'h NE'/< Section 35, Township 5 North, Range 65 West of the 6th P.M. TOTAL ACREAGE: 76, more or less 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: Colorado Commodity Traders, Inc. Address: 1826 1st Avenue, Greeley, Colorado 80631 Phone: 352-0593 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Well Smaller Parcel Well TYPE OF SEWER: Larger Parcel SeptiC Smaller Parcel Septic PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Residential ACREAGE: Larger Parcel 73, more Orless Smaller Parcel 3 acres, more or less 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 ) i)bc,. -k J{'WIOd._ Signature: Owner or Authorized Agent Subscribed and sworn to before me this /711 day of /2,;, e,”,/Le 19 �'v. (SEAL) c/i Notary Public My Commission Expires (4.� el /G c I / 0 December 18 , 1990 Department of Planning Services 915 10th Street Greeley , Colorado 80631 Gentlemen: I hereby authorize Scott Realty Co . . 1212 8th Avenue , Greeley , Colorado , to represent our interest or to act in our behalf to apply for and obtain a recorded exemption on property we own located in the W 1/2 NE 1/4 of Section 35 , Township 5N , Range 65W of the 6th P.M . , Weld County , Colorado . Sincerely , Color do Commodity Traders , Inc . BY: ,iLLJ G i_y,fx(_ D r . . ----0• ?.,/ . 1 .; 1990 • kid co, pith.". 6„,,uussruu, 9i_ot2o December 18 . 1990 Department of Planning Services 915 1Oth Street Greeley , Colorado 80631 Gentlemen: On behalf of Colorado Commodity Traders , Inc . , I submit proposal to sever a 3 acre , more or less , parcel , more or less , located in the W 1/2 NE 1/4 of Section 35 , Township 5 North . Range 65 West of the 6th P .M. , from said W 1/2 NE 1/4 of Section 35 through the Recorded Exemption process . The owner is negotiating a sale of the property as two separate parcels . The proposal is consistent with the County Comprehensive Plan and the existing surrounding land uses because it will take no crop land out of production and this Agricultural Zone area consists primarily of irrigated crop land and several small residential tracts located nearby . It is not located on urban growth corridor and is compatible with development permitted by its zoning . Domestic water is supplied by Ge.ntral Weld County Water -c/o- .1,C District and Sewage Disposal by septic system. The subject property is not located in a flood plain, but is within the city of Evans overlay district area . Thank you for your consideration. Sincerely . kirneinatu--- Patrick L. McNear PLM/sac � . �X 4'1_ . �_ i 3 goy y V /330 330;----->7 -> , .._l. . 4 , 1�CoFb.,A.c3 Lo{A o !' 3 � \ • 11 . '13 J4 I - ,., SC._Qt I- 1,00 -N. ., S..�; i) F1oQs� I .D) A'g/Li . /to.... 3) SkiZa. E e0,,r<k .7c _ e x;s si rc.Qs5 Po LA) E ye; - • 9101.20 REFERRAL LIST NAME: Colorado Commodity Traders, Inc. CASE NUMBER: RE-1326 REFERRALS SENT: December 21, 1990 REFERRALS TO BE RECEIVED BY: January 4, 1991 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 M Firestone Airport Authority Fort Lupton Building Inspection Frederick +`�` Garden City STATE Gilcrest X Division of Water Resources Greeley Geological Survey Grover Department of Health Hudson ^ Highway Department Johnstown ---- ~Historical Society Keenesburg `Water Conservation Board Kersey __-- —Oil and Gas Conservation Commission onser La Salle __-- buie FIRE DISTRICTS Longmont _ Ault F-1 _Mead Berthoud F-2 Milliken Brighton F-3 New Raymer +Eaton F-4 Nunn Fort Lupton F-5 Platteville Galeton F-6 _Severance Hudson F-7 Windsor _ Johnstown F-8 __ La Salle F-9 COUNTIES + + Longmont F-10 Adams Milliken F-11 _Boulder Nunn F-12 Larimer -- � Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corps of Engineers __ re w _� -^ Poud Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration !_Southeast Weld F-1.6 yFederal 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 COMMISSION/BOARD MEMBER 91.01-20 A,,,-- , iflEITIORAnDUM Igoe 7o Weld County Planning oace January 4 1991 COLORADO From Environmental Protection Services /V�CI �� Subject; Case Number: RE-1326 Name: Colorado Commodity Traders, Inc. Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP07/cs J i Ali ` ' 1iII II ;, ' , i 111 1,,t.,,... ....::.1 g iAt. cl ill '2l 1 0..i S'-�- . - .. 6v COzo ROY ROMER /rFe 9O', Governor II JERIS A. DANIELSON * State Engineer 1876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 30, 1991 Mrs. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Colorado Commodity Traders Exemption, RE-1326 W1/2 NE1/4, Section 35, T5N, R65W Dear Mrs. Curry: We have reviewed the above referenced proposal to separate a three acre parcel from a 76 acre tract. The Central Weld County Water District has been designated as the source of water for existing development on the proposed three acre parcel ; however, no letter of commitment for service has been submitted. Information available in our files indicates that the District may have sufficient water resources to serve this development. We recommend approval contingent upon the developer obtaining a written commitment for service from the District. The larger tract is intended for agricultural use. The availability of a domestic well for this tract will be the same as any tract over 35 acres. Sincerely, n 7—. James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:5555I cc: Bruce DeBrine D�r .., I' �I 1ji I( )_co , 199 I t Li _ , 9 sion 6 eho rangy, idill9 ca2Mr 241 et'l 31)00-„ 2.� U�Le f,z it I chi,i O b K itta_i o, /?2‘z r Da-1,42.M 0n, 3 O t ll 60: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO December 21, 1990 Pat McNear, Scott Realty 1212 8th Avenue Greeley, CO 80631 Subject: Colorado Commodity Traders, inc. - Recorded Exemption - RE-1326 Dear Mr. McNear: Your recorded exemption application is complete and in order and will be processed on or before January 10, 1991 . 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. If you have any questions concerning this matter, please feel free to call me. Respectfully, k (17 Lanell J. Curry Current Planner pc: Colorado Commodity Traders, Inc. 1826 1st Avenue Greeley, CO 80631 91_04120 Hello