HomeMy WebLinkAbout930521.tiff RESOLUTION
RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE HEARING - DALLAS
SCHNEIDER (JOED CORPORATION)
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 held a public hearing on the
16th day of June, 1993, at the hour of 10:00 a.m. in the Chambers of the Board
on behalf of Dallas L. Schneider, 525 15th Avenue, #52, Longmont, Colorado
80501-3351, for the purpose of considering whether or not there has been
substantial change in the facts and circumstances regarding the application,
submitted by the Joed Corporation, for a recorded exemption which was denied by
the Board of County Commissioners on March 11, 1992, and
WHEREAS, said hearing concerned the application for a recorded exemption
on the following described real estate, to-wit:
Part of the Nf NE;/SW4 NEf, Section 30,
Township 2 North, Range 68 West of the 6th
P.M. , Weld County, Colorado
WHEREAS, said applicant was represented by Barry Serlis of Lorilisa, Inc. ,
and
WHEREAS, said hearing was conducted according to the Board's policy
concerning applications for land-use for property previously denied, said policy
having been adopted on May 21, 1986, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, has studied the request of the applicant and the
recommendations of the Weld County Planning staff and, having been fully
informed, finds that this request to apply for a change of zone and a minor
subdivision shall be approved for the following reasons:
1. It is the opinion of the Board of County Commissioners that the
applicant, in his letter of May 20, 1993, and at the hearing on June
16, 1993, demonstrated a substantial change in facts and
circumstances has occurred.
a. The previous owner, Joed Corporation who applied for Recorded
Exemption #1393 which was denied, is no longer involved.
b. The previous application was for a recorded exemption, and the
new application will be for a change of zone to be followed by
a minor subdivision.
c. In March of 1992, the minor subdivision regulations did not
exist.
PL0911
930521
1oqii CC:; f
SUBSTANTIAL CHANGE HEARING - SCHNEIDER (JOED CORPORATION)
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there has been substantial change in the facts and
circumstances regarding the application, submitted by the Joed Corporation, for
a recorded exemption.
BE IT FURTHER RESOLVED by the Board that the request of Dallas L. Schneider
to apply for a change of zone and a minor subdivision be, and hereby is,
approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote,} on the 16th day of June, A.D. , 1993.
1 / 1 1/,! ,%te BOARD OF COUNTY COMMISSIONERS
ATTEST: n WELD COUNTY, COLORADO
I/
Weld County Clerk to the Board C� ►7 'Z�p /v�y�
Constance L. HaFbert, C airman BY: 4-4-eig--79-74( 2/.e.,.,4
Deputy Clerk to the Board. W. . Webster,, Pro-Tem' f� y/J
APPROV AS TO FORM: ` CA ' _"_"Xi`-,
Baxter
X14 _ 3
ounty Attorney Dale K. aTl
iarbara J. Kirkme er a
930521
HEARING CERTIFICATION
DOCKET NO. 93-33
RE: SUBSTANTIAL CHANGE HEARING - DALLAS L. SCHNEIDER (JOED CORPORATION)
A public hearing was conducted on June 16, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated May 26, 1993, and duly
published June 3, 1993, in the Windsor Beacon, a public hearing was
conducted to consider whether or not there has been substantial change in
the facts and circumstances regarding the application, submitted by the
Joed Corporation, for a recorded exemption which was denied by the Board
of County Commissioners on March 11, 1992. If the Board finds that a
substantial change in the facts and circumstances exists, then the
applicant, Dallas L. Schneider, will be allowed to apply for a change of
zone and a minor subdivision. Lee Morrison, Assistant County Attorney,
made this a matter of record. Chuck Cunliffe, Planning Department
representative, entered the favorable recommendation of the Planning staff
into the record as written. Barry Serlis represented the applicant and
stated the Joed Corporation was the previous owner of the property;
however, it is no longer involved. Mr. Serlis said the changes are as
follows: 1) the previous owner is no longer involved; 2) the previous
application was for a recorded exemption, and the new application will be
for a change of zone to be followed by a minor subdivision; and 3) in
March of 1992, the minor subdivision regulations did not exist. Jules
Regnier, surrounding property owner, questioned the access and plans of
the property. He stated he owns 30 feet of right-of-way along Weld County
Road 18, which is now being used for access. After conferring with Mr.
Cunliffe, Chairman Harbert said Mr. Regnier's questions would be answered
at the change of zone hearing. Discussion ensued concerning notification
and ownership of the right-of-way, and Mr. Regnier was referred to the
Assessor's Office. Mr. Serlis said they would like to include Mr. Regnier
in future correspondence, and it was not their intention to use his road.
The future access would extend to the south from Weld County Road 16.5.
Chris Foster, surrounding property owner, said she and the other property
owners in the area would like to see the integrity of the farming area
maintained. Commissioner Hall moved to approve Dallas L. Schneider's
request for a substantial -change to allow an application to rezone the
property, based on the recommendation of the Planning staff. Commissioner
Hall stated the neighbors' concerns would be heard at the change of zone
hearing. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
930521
/SLOG I
C'C : r
RE: HEARING CERTIFICATION - SCHNEIDER (JOED CORPORATION)
PAGE 2
This Certification was approved on the 21st day of June, 1993.
1 APPROVED:
ATTEST: �D ��a% BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Weld County Clerk to he Board //
By: / ,/y { / Constance L. H b rt, Chairman
Deputy Clerk to the Boa
•c—
W. H. ster, Pro
TAPE #93-20
L- t c
orge E axte
DOCKET 1193-33
a e . Hall
PL0911 art
arbara J. Kirkmey r
930521
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16th DAY OF June 1993:
DOCKET U 93-35 - Special Review Permit, LeRoy Bellmore
DOCKET 0 93-41 - Liquor renewal, Ronad Fahrenholtz, dba CJ's Liquors
DOCKET I 93-33 - Substantial Change, Dallas L. Schneider (Joed Corp)
DOCKET 0 93-34 - Amended Special Review Permit, Art's Fertilizer Company, Inc.
DOCKET 8 93-36 - Special Review Permit, Burl Van Buskirk
PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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970521
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the following matter are requested to attend and may be
heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing. The
cost of engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
DOCKET NO: 93-33 APPLICANT
Dallas L. Schneider
525 15th Avenue, #52
Longmont, Colorado 80501-3351
DATE: June 16, 1993
TIME: 10:00 a.m.
ISSUES: Whether or not there has been substantial change in the facts and
circumstances regarding the application, submitted by the Joed
Corporation, for a recorded exemption which was denied by the Board
of County Commissioners on March 11, 1992. If a finding is made by
the Board that a substantial change in the facts and circumstances
exists, then the applicant will be allowed to apply for a change of
zone and a minor subdivision.
LEGAL DESCRIPTION: Part of the N4 NE*/SW* NEq of Section 30, Township 2
North, Range 68 West of the 6th P.M. , Weld County,
Colorado
LOCATION: North of Weld County Road 16.5, approximately .5 miles east of Weld
County Road 1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller
Deputy Clerk to the Board
DATED: May 26, 1993
PUBLISHED: June 3, 1993, in the Windsor Beacon
930521
UMW Lewis*, CeNade AFFIDAVIT OF PUBLICATION
110011411111
Pursuartie the amble DATE:June 16,1999 STATE OF COLORADO
laws of the State el
Colorado and the Weld TIME:10:00 am: ss
County Zoning COUNTY OF WELD
Ordinance, a public ISSUES: Whether or
'hearing will be held in not there has been I, KEITH HANSEN, of said County of Weld, being duly
the Chambers of the substantial change In sworn, say that I am publisher of
Board of County the facts and
CommiNmrn of Weld circumstances
Coj*y,Colorado,Weld regarding the WINDSOR BEACON
County. Centennial application, submitted
Center, 915 10th by the Joed
Street, First Floor, Corporation, for a a weekly newspaper having a general circulation in said
Greeley,Colorado,at recorded exemption County and State, published in the town of WINDSOR,
the time specified. All which was denied by in said County and State; and that the notice, of which
persons in any manner the Board of County the annexed is a true copy, has been published in said
interested in the CommMarch Ii, 199s on weekly fort__successive weeks, that the notice
following matter are March 11, 1992. If a
requeMed.to attend and finding is made by the was published in the regular and entire issue of every
may be heard. Board that asubwmkl number of the paper during the period and time of
.change In the tads and publication, and in the newspaper proper and not in a
Should the applicant orparty circumstances exists, supplement, and that the first publication of said notice
any interested then the applicant will PP
desire the presence of be allowed to apply for was in said paper bearing the date of the
a court reporter to a changed zone and a q
make a record of the minor subdivision.
day of .,,,L....." , AD., 1993 and
proceedings,in
to the taped record LEGAL DESCRIPTION: the last publicatio aring the date of the
which will be kept Part of the N1/2
during the hearing,the NEt/4/SW1/4 NE1/4 of day of A.D., 19_ and
Clerk to the Board's Section 30,Township that the said WINDSOR BEACON has been published
Office shall be advised North, Range 6s West
in writing of such satin of the 6th P.M., Weld continuously and uninterruptedly for the period of 5
at least five days prior County,Colorado consecutive weeks,in said County and State, prior to the
to the hearing. The date of first publication of said notice, and the same is a
coat of engaging a LOCATION: North of newspaper within the meaning of an Act to regulate
court reporter shall be Weld County Road
maim by tin naming 16.5, approximately .5 printing of legal notices an advertisements, approved
petty. miles east of Weld May 18, 1931,and all prior cts r as in force.
County Road 1
BE IT ALSO KNOWN
Hen the teal and maps BOARD OF COUNTY
so angled by the wow COMMISSIONERS,
County Planning WELD COUNTY, P LISHER
Commission may be COLORADO examined in the officeSubscri d and sworn to before me this drQ7 day
of the Clerk to the BY: DONALD D. q
Board of County WARDEN, WELD of l/6r,kp -- 19 9;
Commissioners, COUNTY CLERK TO //��located in the Weld THE BOARD ✓`�/s� C,)
OryycmA
(*Aunty CanVoal& NOTARY PUBLIC
Center, 915 10th BY: Shelly K. Miller
Street, Third Floor, Deputy Clerk to tht q e,
Greeley,Colorado. ;,'Kt My commission expires ��r 2— / / / 6 .
DOCKET NO:93-33 Pubtl*sl Ala In
Wlndses Sweea en
APPLICANT: DNS L.IJune Le'
Schneider.*11 166f
Avenue, 952,
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-33, was placed in the United States mail, postage
prepaid, addressed to
the following property owners.
DATED this Cq(Y ?1 day of _firlit,Ltr
, 1993.
Skaol
Deputy Clerk t the Board
/Y d
DALLAS L. SCHNEIDER RICHARD J. AND CHRISTINE R. FOSTER
525 15TH AVENUE, #52 757 WELD COUNTY ROAD 18
LONGMONT, CO 80501-3351 LONGMONT, CO 80501
BARRY E. SERLIS, PRESIDENT CINDY A. HEWITT
LORILISA, INC. 677 WELD COUNTY ROAD 18
600 LOOMIS COURT LONGMONT, CO 80501
LONGMONT, CO 80501
MICHAEL A. AND NANCY J. COLE
MARTHA A. AND LESLIE J. WILLIAMS, JR. 504 WELD COUNTY ROAD 16.5
8876 ROGERS ROAD LONGMONT, CO 80504
LONGMONT, CO 80501
DALE S. AND LYNN D. JOHNSON
505 WELD COUNTY ROAD 16.5
LONGMONT, CO 80501
HELEN L. BRYANT
2005 JAMES DRIVE
LOVELAND, CO 80538
RICHARD G. BALLANTINE
10558 HIGHWAY 550
DURANGO, CO 81301
JAMES R. SAWDEY, ET AL
7770 WELD COUNTY ROAD 1
LONGMONT, CO 80501
RONALD F. AND BARBARA T. HANKINS
547 WELD COUNTY ROAD 18
LONGMONT, CO 80504
JOHN ADEN MOSHER
517 WELD COUNTY ROAD 18
LONGMONT, CO 805001
CHARLES D. RASMUSSEN, ET AL
8120 WELD COUNTY ROAD 1
LONGMONT, CO 80504
9:0521
DATE: June 16, 1993
CASE NUMBER: SCH-10
NAME: Dallas L. Schneider
ADDRESS: 525 15th Avenue, #52, Longmont, CO 80501-3351
REQUEST: Substantial Change Hearing
LEGAL DESCRIPTION: N2 NE4/SW4 NE4 of Section 30, T2N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of Weld County Road 16-1/2, approximately .5 miles east of
Weld County Road 1.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
It is the opinion of the Department of Planning Services' staff that the
applicant has demonstrated that a substantial change in facts and circumstances
has occurred.
On March 11, 1992, the Board of County Commissioners denied Recorded Exemption
1393 for this property. The property was then owned by the Joed Corporation.
The reasons for denial as set forth in the Board's resolution were:
1) The proposal evaded the purpose of the Weld County Subdivision
Regulations; and
2) Adequate access to the proposed lot does not exist.
The applicant now proposes applying for a minor subdivision on the property. The
applicant understands that a change of zone to Estate would be required prior to
applying for the minor subdivision.
The staff recommends that the Board consider this a substantial change in facts
and circumstances and allow the applicant to file a change of zone application.
If the rezoning application is approved, a minor subdivision application could
be submitted.
9 (3521
(7 t ;
..-- DEPARTMENT OF PLANNING SERVICES
1111111e
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140UE
EY, OLON. RA O 8 631GREELEY, COLORADO80631 C
COLORADO I 3
MAY 2 199 i
`'I I
May 21, 1993 �` CASE NUMBER: SCH-10 f JUN 0 8 993 ,
TO WHOM IT MAY CONCERN: ' id f a,Pl91101Dr
i
Enclosed is an application from Dallas L. Schneider for a Substantial Change
Hearing in the A (Agricultural) zone district. The parcel of land is described
as the N2 NE4/SW4 NE4 of Section 30, T2N, R68W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has been
submitted is north of Weld County Road 16-1/2, approximately .5 miles east of
Weld County Road 1.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated. r
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by June •
4, 1993, so that we may give full consideration to your recommendation. Please
call Lanell Adler, 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.
I
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:
/ I
3. �/ 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. Pleaseej/ -i� /refer to the enclosed letter.
Signed: f9,,QE7�+ J� ' ` Agency: 6A- ,77 �✓//�
Date: 6/7/5'?
szoTii
1 uH.
jct
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3533845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 C. N.17TH AVENUE
GREELEY, COLORADO 80631631 COLORADO
May 21, 1993 CASE NUMBER: SCH-10
TO WHOM IT MAY CONCERN:
Enclosed is an application from Dallas L. Schneider for a Substantial Change
Hearing in the A (Agricultural) zone district. The parcel of land is described
as the N2 NE4/SW4 NE4 of Section 30, T2N, R68W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has been
submitted is north of Weld County Road 16-1/2, approximately .5 miles east of
Weld County Road 1.
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 June • $
4, 1993, so that we may give full consideration to your recommendation. Please
call Lanell Adler, 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. X We have reviewed the equest and find- no conflIctis with our/,
interests. Aft LA;sae i k /i' -i-is'ajc /1 I tens 1i
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to /the enclosed letter. ft
y /
Signed: A
f tt z4�4-�e-- i4,0 4I Agency: itairI-1'd.Dtz�-r..�, 124 CC.
Date: --_ _�/
Yy39 vwc 12
a
f JUN 0 2 1993 l
Lok o,5-Oq
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t: 4.414,n
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
C. GREELEY, COLORADO 80631
COLORADO
May 21, 1993
Dallas L. Schneider Barry E. Serlis, President
525 15th Avenue, #52 Lorilisa, Inc.
Longmont, CO 80501-3351 600 Loomis Court
Longmont, CO 80501
Subject: SCH-10 - Request for a Substantial Change Hearing on a parcel of land
described as the N2 NE4/SW4 NE4 of Section 30, T2N, R68W of the 6th P.M. ,
Weld County, Colorado.
Dear Mr. Schneider and Mr. Serlis:
I have scheduled a meeting with the Board of County Commissioners on Wednesday, June
16, 1993, at 10:00 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,
Lanell J. Adler
Current Planner
LJA/sfr
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F 0887 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO
SCHEDULE A
,
PROPERTY DESCRIPTION ,
ORDER NO: 91000482 C-2 i
a
Parcel A
A tract of land in the Northwest one-quarter of the Northeast
•
one-quarter of Section 30, Township 2 North, Range 68 West of
the 6th P.M., more particularly described as follows: I
Beginning at the North one-quarter corner of said Section 30;
thence along the North line of said Section 30, North 88 Degrees
52' 39" East 1333.31 feet to the Northeast corner of the }
Northwest one-quarter of the Northeast one-quarter of -said
Section 30; thence along the East line of said tract, South 0 ,Degrees 0' 53" East 1003.45 feet; thence South 88 Degrees'.05'55" West 1330.32 feet to the West line of the Northeast
one-quarter of said Section 30; thence North 0 Degrees 12' 29"
West 1021.48 feet to the point of beginning, County of Weld,
State of Colorado. '. 3
Parcel B
NE1/4 NE1/4 of Section 30, Township 2 North, Range 68 West of
p, the 6th P.M., County of Weld, State of Colorado. '
Parcel C
A tract of land in the West one-half of the Northeast
f one-quarter of Section 30, Township 2 North, Range 68 West of
the 6th P.M., described as follows:
Beginning on the South line of said Northeast one-quarter,
whence the Southwest corner of said Northeast one-quarter bears
South 88 Degrees 05' 55" West 940.00 feet; thence North 0
I Degrees 12' 29" West 1625.00 feet; thence North 88 Degrees 05'
' 55" East 390.32 feet to a point on the East line of the ?
Northwest one-quarter of the Northeast one-quarter of said
Section 30; thence along said East line, South 0 Degrees 0' 53'
'r East 310.86 feet to the Southeast corner of said Northwest - '
one-quarter of the Northeast one-quarter thence along the East
line of the Southwest one-quarter of the Northeast one-quarter
of said Section 30, South 0 Degrees 0' 53" East 1314.31 feet to
the South line of the Northeast one-quarter of said Section 30; I
thence along said South line, South 88 Degrees 05' 55" West
384.84 feet to the point of beginning, County of Weld, State of
Colorado.
: CT
1
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.
930 -
C
Lorilisa I i sa Inc.
developers/consultants
May 20, 1993
Weld County Commissioners
Weld County, Colorado
To The Commissioners;
On Behalf of Dallas And Marge Schneider we respectfully request a
rehearing for a land use change on a parcel which had a land use
denied within the last five years. The parcel is number
131330000031 . Case number RE1393, applied for by a previous owner
was denied, on March 11 , 1992 . The request is made based upon
substantial changes in the facts and circumstances. The applicant
is a new owner. The previous application was for a recorded
exemption and the new application will be for a zoning change and
a minor subdivision. The minor subdivision regulations are new, as
adopted; December '' 15 ,: 1992 . •
We are in communication with ,your planning ,staff and look forward
to working with your, new Subdivision Ordinance.
We stand ready to answer? any questions.
1
iRespectfully Submitted,
Barry E. Serlis, President
Lori 1isa, Inc.
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UN• '
MAY
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600 loomis ct. • longmont, coloredo 80501 • (3O3) 772-7919 ;, . 1
t;,!tc, ° ..i f��,,�„ s. k,t, . I
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t4 , DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C. 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
May 21, 1993 CASE NUMBER: SCH-10
TO WHOM IT MAY CONCERN:
Enclosed is an application from Dallas L. Schneider for a Substantial Change
Hearing in the A (Agricultural) zone district. The parcel of land is described
as the N2 NE4/SW4 NE4 of Section 30, T2N, R68W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has been
submitted is north of Weld County Road 16-1/2, approximately .5 miles east of
Weld County Road 1.
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 June
4, 1993, so that we may give full consideration to your recommendation. Please
call Lanell Adler, 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. 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: Agency:
Date:
SZ0521
REFERRAL LIST
NAME: Dallas L. Schneider CASE NUMBER: SCH-10
REFERRALS SENT: May 21, 1993 REFERRALS TO BE RECEIVED BY: June 4, 1993
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
_Department of Transportation _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 _Pierce
Hudson F-7 _
_ Platteville
_Johnstown F-8 _Severance
La Salle F-9 _Thornton
_Mountain View F-10 Windsor
Milliken F-11
Nunn F-12 COUNTIES
_
Pawnee F-22 _Adams
Platteville F-13 _Boulder
Platte Valley F-14 _
_ Larimer
Poudre Valley F-15
_
_Raymer F-2 FEDERAL GOVERNMENT AGENCIES
_Southeast Weld F-16 _US Army Corps of Engineers
Windsor/Severance F-17 ____USDA-APHIS Veterinary Service
_Wiggins F-18 ___Federal Aviation Administration
Western Hills 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
X Plumb Dailey Ditch _Longmont
c/o Richard Frisk ____ West Adams
735 Bowen
Longmont, CO 80501 COMMISSION/BOARD MEMBER
9:0%21
SURROUNDING PROPERTY OWNERS AND/OR
SURFACE ESTATE/MINERAL OWNERS
Dallas L. Schneider f
SCH-10
Martha A. and Leslie J. Williams, Jr.
8876 Rogers Road
Longmont, CO 80501
Dale S. and Lynn D. Johnson
505 Weld County Road 16-1/2
Longmont, CO 80501
Helen L. Bryant
2005 James Drive
Loveland, CO 80538
Richard G. Ballantine
10558 Highway 550
Durango, CO 81301
James R. Sawdey, et al.
7770 Weld County Road 1
Longmont, CO 80501
Ronald F. and Barbara T. Hankins
547 Weld County Road 18
Longmont, CO 80504
John Aden Mosher
517 Weld County Road 18
Longmont, CO 80501
Charles D. Rasmussen, et al.
8120 Weld County Road 1
Longmont, CO 80504
Richard J. and Christine R. Foster
757 Weld County Road 18
Longmont, CO 80501
Cindy A. Hewitt
677 Weld County Road 18
Longmont, CO 80501
Michael A. and Nancy J. Cole
504 Weld County Road 16-/12
Longmont, CO 80504
9:0521
4.1.sellilliallitk(1 ‘ DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
91510th STREET
GREELEY,COLORADO 80631
111 i p C.
COLORADO
February 19, 1992
'TJW
Board of County Commissioners I--, w
Weld County Centennial Center J 'p
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915 Tenth Street
Greeley, CO 80631 n
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Subject: Recorded Exemption 1393. o
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Dear Commissioners: c
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L*J J
This request for a recorded exemption is submitted by the Joed Corporation. The a O
parcel of land on which this request is being made is described as part of the ',11
NE4 of Section 30, T2N, R68W of the 6th P.M. , Weld County, Colorado. The co
ty
property is located south of Weld County Road 18, approximately .5 miles east of 2 a
Weld County Road 1. This request is to divide an 85.413 acre parcel, into two
parcels of 54.468 and 30.945 acres. The parcel is the total contiguous land r N
W
holdings of the applicant. 70
7C I--,
The Weld County Health Department has reviewed the application materials and has m ..
recommended approval with one condition. The recommended condition is addressed WW 1/4O
in the attached proposed conditions of approval. W
0
It is the opinion of the Department of Planning Services' staff that the 6
applicant has failed to show in the submitted application materials how this o
W
request is consistent with the Weld County Comprehensive Plan and with efficient z o
and orderly development. The guidelines set forth in the comprehensive plan to O
allow a division of an agricultural lot into two separate lots are outlined in W
Agricultural Policy 7. The intent of this policy is to: r
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o
A. Enable the property owner who is retiring an opportunity to live on or 0 0c
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.
The intent of the recorded exemption process is not to enhance marketability of
the property as two separate building sites as stated in the application
materials. 920223
97:0921
AR23aW1?B
RESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1393 - JOED CORPORATION
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, a request for Recorded Exemption No. 1393, submitted by the Joed 'Ti W
Corporation for property which is located in part of the NE* of Section 30, a w
Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and til ,P
-] J
WHEREAS, this request is to divide the property into parcels estimated to w
50 be approximately 54.468 acres and 30.945 acres. ;,y n
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WHEREAS, after reviewing the recommendation of the Planning staff and y t,..)
hearing the testimony presented, the Board determined that said request shall be o
denied for the following reasons: o
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1. It is the opinion of the Board of County Commissioners that this t9, o
proposal evades the purpose of the Weld County Subdivision N O
Regulations as defined in Section 1-3. � o
2. It is the opinion of the Board that adequate access to the proposed Z
lot does not exist. r to
M
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld x r
County, Colorado, that the request for Recorded Exemption 411393, submitted by o,
Joed Corporation be, and hereby is, denied. t
r
Z1/4O
The above and foregoing Resolution was, on motion duly made and seconded, o
adopted by the following vote on the 11th day of March, A.D. , 1992. XI
a
BOARD OF COUNTY COMMISSIONERS �ro o
ATTEST: 490044./aWELD COUNTY, COLORADO o
tt o
Weld County Clerk to tite Board EXCUSED DATE OF SIGNING (AYE) O
Geor e Kennedy, Chairman n
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BY: , l. i� �� �i3�LG o
Dedt C y r}c t fhe Board Constance L. Harbert, Pro-Tem p c
APPROVED AS 0 FORM: ["f //,r.Z (AYE)
C. W. Kir
�� AYE
County Attorney Gord . c
NAY
W. H. Webster
920223
9:0521
p� E135'.3 cc ' Pi l APP
CONDITIONS OF APPROVAL
THE JOED CORPORATION
RE-1393
1. The applicant shall submit a mylar plat to the Department of Planning .,y Z
Services to be recorded in the office of the Weld County Clerk and . r
Recorder. The plat shall be prepared in accordance with the requirements a
of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat a
shall be submitted within sixty (60) days from the date of approval by the
Board of County Commissioners. The applicant shall be responsible for n
paying the recording fees.
z• W
2. A Weld County septic permit if required for any proposed home and its Z o
septic system shall be installed according to the Weld County Individual
Sewage Disposal System (ISDS) regulations. a• o
3. The following note shall be placed on the Recorded Exemption plat: A y co
Flood Hazard Development Permit will be required for any new construction H 1-4
or the substantial improvements of existing structures in the Floodway or 2
Floodprone Districts located on the property. • N
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9 ,0223
930521
- - - - - - - - - - - - - - - - - -
RECOMMENDATION, RE-1393
The Joed Corporation
Page 2
The level of development and the potential for continued division occurring in
this area warrants concern. As shown on the attached aerial photograph, there
are nine possible accesses from Weld County Road 18, within a one-mile area, to
existing parcels. Weld County Road 18, from which these parcels access, is a
narrow lane with minimal maintenance. It is the opinion of the staff that the -a w
condition of the road cannot support further development in this area. The staff w
also wants the Board to be aware of the development that has occurred in the qy
southwest quarter of this section. Eleven parcels currently exist in the 00
southwest quarter. Most of these parcels were divided prior to the effective to o
date of the Weld County Subdivision regulations. The Board should consider to)
whether it wishes to allow this type of piecemeal development to continue. Z
o
Continued divisions may evade the intent and purpose of the Weld County rq
Subdivision Regulations. Residential development in rural areas necessitates an o• c
increased demand for urban-type services such as road maintenance, police and
fire protection, school busing, snow removal, and utilities. Service demands H OD
increase as density increases. [+1 �
H r
2
The staff recommends that the Board of County Commissioners consider this request n w
and determine if the standards of Sections 9-2 E. (1) (a) through (m) of the Weld M
County Subdivision Regulations have been met.
m
Respectfully submi ted, r .
( )( -vt cL ryOe
Lanell J. wanson c
Current Planner
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`920521
ME ORAnDUt
IlDBoard of County
To Commissioners Date March 10, 1992
COLORADO From Bruce T. Barker, Assistant Weld County Attorney
Subject: Weld County Road 18, East of WCR 1
On February 20, 1992, Tom David asked me to investigate the road
right-of-way held by Weld County for Weld County Road 18, east of
WCR 1 . It is my understanding that this Weld County road is being
td
considered as access to the proposed RE-1393. The roadway is
currently approximately 20 to 25 feet in width. It is maintained tr.::
by Weld County once per month. LT1 a
o -4
In order to determine if the right-of-way for Weld County Road 18 r
is wider than the 20 to 25 feet in existence at the present time, n
we need to determine if one of the following exists : o
A. Was the ground 30 feet on either side of the section line z
within the public domain prior to October of 1889 (the ea
infamous "Resolution of 1889" ) ? c
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B. Was the ground 30 feet on either side of the section line m o
was dedicated to Weld County by the adjacent landowners ti
and was said right-of-way accepted by the County? z
411.
My review of the tract index at Transamerica Title Insurance tg., N
Company reveals the patents for the SW4 of Section 19, and the NE4 to
and NW4 of Section 30 relate back to entries onto the properties r•
which occurred prior to October, 1889 . Arguably, the patent for
the SE4 of Section 19 relates back to an entry after October, 1889 .
Therefore, Weld County does not own a 60 foot right-of-way as per Wit°
the Resolution of 1889 . A 30 foot right-of-way may exist by virtue o
of the Resolution in the SE4 of Section 19 . My review of the tract 6
index also does not reveal any grants of rights-of-way by rain
surrounding landowners. z
o
Attached are various letters which Weld County has written to the pa
landowners in the area about the ownership and maintenance of WCR
18 . Please note that my December, 1984, letter states that no 0 N
right-of-way exists along WCR 18. I based that statement upon the
fact that there was no indication of an 1889 Resolution right-of- n a
way to the mid-section line and the fact that no "adjudication" for O 0
the roadway had taken place to establish it by the "20-year"
statute. That letter was essentially designed to confirm the
statements made in the two letters from Dave Becker in October and
November, 1984 .
I believe that we can safely say that there is a public roadway
along WCR 18 which has been created by use as per Section 43-2-
201( 1) , C .R. S . Specifically, the roadway appears to have been in
•
Memo: BOCC
RE: WCR 18
Page 2
March 10, 1992
. w
r r
existence for more than 20 years at its current width of 20 to 25 1.14
a
feet. I believe that the public has used the right-of-way for that
period of time, even though it has primarily been used for access zy
to certain homes which are located in the Southeast Quarter of w n
Section 19-2-68 . We probably don't need an "adjudication" by a K o
court to assert this right-of-way on behalf of the public. Do N
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z
CONCLUSION: At best, WCR 18, running east from WCR 1, is a public
roadway which is 20 to 25 feet in width. It has historically been �
maintained by Weld County on a once per month basis . The roadway 0 o
only extends for one-half mile (to the half section line) . o
0-3 co
Oj .� za
Br Aide T. Barker
Assistant Weld County Attorney
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pc : Lanell Swanson, Dept. of Planning O
Lee D. Morrison, Asst. Weld County Attorney 6
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920223
9a0521
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