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Home My WebLink About990965.tiff DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION BOARD OF COUNTY COMMISSIONERS APPROVAL COLORADO Applicant: Bryant Gordon/Todd Hodges Case Number RE-2444 Planner ABJ Legal Description: Pt. SW4 of Section 12, Ti N, R68W of the 6th P.M., Weld County, Colorado\of the 6th P.M., Weld County, CO. Parcel Identification Number: 1467 12 000022 Lot C Size: n/a Lot B Size: 2.9+/-acres Lot A Size: 2.9 +/-acres Water Source: Central Weld, exists on A, proposed Sewer Source: Septic, exists on A, proposed on B on B Approved with Conditions: This Recorded Exemption is approved with the following conditions: 1. A Weld County Septic Permit is required for any proposed home and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Weld County Road 11 is designated on the Transportation Plan Map as a local gravel road which requires 60(sixty)feet of right-of-way at full build-out. There is presently 60 feet of right of way. A total of 30 feet from the centerline of Weld County Road 11 shall be delineated on the plat. Weld County Road 11 is maintained by Weld County. 3. The applicant shall utilize the existing access easement (BE.664, Rec.1586270) to this parcel as no additional accesses shall be granted from Weld County Road 11. Therefore, Lots A and B shall share an access easement. According to the Legal Description for Easement#349 as submitted in the application materials,the recorded easement is for thirty five(35)feet along the southern boundary of this parcel. The applicant shall submit in writing notification from all property owners in this Access Easement Agreement that an additional residential access will be granted by all parties to the Department of Planning Services. 4. Prior to recording the plat: A. All approved accesses shall be clearly shown on the plat. B. The applicant shall attempt to address the requirements of the Mountain Vtew Fire Protection District as stated in a referral response received February 26, 1999. C. The applicant shall attempt to address the requirements of the St. Vrain Valley School District, RE-1J as stated in a referral response received March 16, 1999. D. The Noncommercial Junk Yard located on the eastern boundary of the property shall be removed, totally enclosed within a building or structure, or visually screened from all adjacent properties and public rights-of-way, pursuant to the definition of NONCOMMERCIAL JUNK YARD in the Weld County Zoning Ordinance (Ordinance 89, as amended). The property is in violation of the Weld County Zoning Ordinance. The applicant shall schedule a final inspection with Sharyn Frazer, Weld County Zoning Compliance Officer and submit a copy of the closure letter indicating compliance with the Weld County Zoning Ordinance. 990965 E. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district and Weld County Ordinance 201. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits and meet requirements and design standards as outlined in Weld County Ordinance 201. 3) Prior to the release of building permits on Lots A or B, the applicant will be required to submit a recorded deed describing the lot(s) upon which the building permit(s) is/are requested with the building permit application(s). The legal description on such deed shall include the lot and recorded exemption number. 4) Prior to the release of building permits on Lots A and B, the applicant shall submit evidence to the Department of Planning Services that each lot has an adequate water supply of sufficient quality, quantity and dependability. 5) The applicant/landowner shall be responsible for controlling the noxious weeds if noxious weeds exist on the property or become established as a result of the proposed development, pursuant to Ordinance 169A. 6) The development of this property shall be in compliance with all applicable design standards as outlined in Weld County Ordinance 201. 7) Subsequent Recorded Exemption applications on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 5. Any proposed subdivision adjacent to or contained within this Recorded Exemption may be considered to be urban scale development and may require urban scale infrastructure. 6. 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 11.7 of the Weld County Subdivision Ordinance. 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. By Date April 1, 1999 Anne Best Johns° + Long-R nge Planner RECORDED EXEMPTION CRITERIA CHECKLIST Staff Use 1. What is the SCS soil classification for this site? £L44t f inl� �/ Yes No N/A 2. Will the proposed configuration of the site make future farming practices 2. Lot A O ' I-- less efficient? 1`f3 Lot B ti. ❑ pc Lot C 0 ❑ ❑ 3. Will any of the lots be used for agricultural production? 1:1:_3 3. Lot A ❑ 'El% ❑ Lot B 0 Ds 0 Lot C ❑ ❑ ❑ 4. Is the applicant willing to place a conservation easement or some other 4. Lot A 0 It- ❑ mechanism on the property to maintain farm production or open space? :141 Lot B 0 4 ❑ Lot C 0 ❑ ❑ 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A ❑ o o as cited in Ordinance 180? 113.13.4 Lot B ❑ ❑ ❑ Lot C ❑ ❑ ❑ 6. Will the site utilize existing housing? 11.3.& 6. Lot A ❑ 111; ❑ Lot B 1p, `ph 0 Lot C ❑ ❑ ❑ 7. Will the applicant designate a building envelope on any lot? 1:13:8 7. Lot A ❑ -%- O Lot B ❑ 52' ❑ Lot C ❑ ❑ ❑ 8. Is the in-house use water supply sufficient in terms of quality,quantity and 8. LotA 0 0 ❑ dependability? :1::1`3::4 - Lot B ❑ ❑ ❑ Lot C ❑ ❑ 0 9. Is water available to irrigate the site for crops, lawns,gardens, and adequate 9. Lot A ❑ ❑ ❑ for the maximum number of animal units allowed by right or Special Review Lot B ❑ ❑ 0 permit 1%14 Lot C 0 ❑ 0 10. Has irrigation water been removed from the site? If so,when 10. Lot A ❑ 0 ❑ TiPIA Lot B 0 0 ❑ Lot C ❑ ❑ ❑ 11. Is the proposed land division consistent with current or future land use patterns? 11. "tp: O ❑ 11 ZNII310til 31:1 12. This application does not create lots which would make further land divisions 12. n ❑ a ❑ possible 11 3'9f.11 3)t1111 3:11 13. None of the parcels related to this application are part of a previous 13. Lot A 0 ❑ 0 recorded exemption. 1!1:.t8 Lot B a ❑ ❑ Lot C o ❑ ❑ </�3AMCam 1DN heS0 a WELD COUNTY,COLORADO _ DEPARTMENT OF PLANNING SERVICES -- PLEASE TAKE THIS SLIP TO THE FRONT DESK DATE -1. /M RECEIVED FROM I-2%M t z NO. TYPE FEES 4221 -REISE 4221 -ZPMHIMHZP/ZPAD 4221-USR 4221 •SITE PLAN REVIEW 4221-COZ 4221 •POD 4221 -SUBDIVISION 4221•BOA 4221 •MINOR SUB 4221-FHDPIGHOP 4221 -REPLAT RECORDING fE 2P '- 4430-MAPSIPUBLICATIONS 4730-INVESTIGATION FEE 4430-POSTAGEIHANDLING W41 s0 ON-CALL PLANNER 1S✓ ❑ CASH 'CHECK NO. 21k i TOTAL RECEIPT # 031 17/7/ . SCHEY, PILLER, ALSPAUGH &WONG, P.C. ATTORNEYS AT LAW Established 1901 NEIL E.FILLER THE PREMIERE BUILDING DONALD H.ALSPAUGH 825 DELAWARE AVENUE,SUITE P-300 PHILLIP S.WONG POST OFFICE BOX 267 JAMES H.NELSON June 15, 1999 LONGMONT,COLORADO 80502-0267 TELEPHONE 303/776-3511 JACOB S.SCHEY(1881-1963) DENVER METRO 303/442-6081 THEODORE D.SCHEY,JR.(1912-1996) TELEFAX 303/772-2297 Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: BRYANT GORDON WELD COUNTY CASE NO. RE 2444 To Whom It May Concern, Enclosed, pursuant to Paragraph 3 of the enclosed Resolution, are copies of the required Notification that was mailed to the required parties on June 1, 1999, on behalf of Bryant Gordon. Please contact me should you have questions. Very truly yours, Weld County Planning Dept. H , PI' L:R, ALSPAUGH & WONG, P.C. JUN i 0 1999 Rhonth' ardson, RECEIVED Legal Assistant Ends. cc: Client ° .w Todd Hodges Design, LLC June 1, 1999 Q 3 A 13 D 311 Department of Planning Services Attn:Anne Best Johnson 1555 N. 17th Ave. Greeley,Colorado 80631 RE: Response Letters to school district and fire district Dear Anne: Attached you will fmd a copy of the signed response letters to the St. Vrain School District and the Mountain View Fire Protection District. These letters should address conditions of approval 4B and 4C of the approved RE-2444. If you have any comments or questions,I may be reached at the number or address below. Sincerely, Todd A.Hodges Consultant cc: Bryant Gordon pc: Project File#BG9901 4119 Granby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272 Todd 1od g cs Decian, I I. v June 1, 1999 Mr. Scott Million Planning Specialist St. Vrain Valley School District RE-1J 395 South Pratt Parkway Longmont,Colorado 80501-6499 RE: Bryant Gordon Recorded Exemption application Dear Mr.Toillion: I have received and reviewed your comments pertaining to the recorded exemption application for Bryant Gordon (case number RE-2444). This letter is intended to address your comments and the request of the District. The property owner agrees to have a cash in-lieu assessment of$427.00 apply to the new parcel being created(Lot A of RE-2444)at the time a building permit is applied for. The cash in-lieu assessment will be the responsibility of the property owner applying for a building permit on Lot A. If you have any questions, I may be reached at the number or address below. Sincerely, Todd A.Hodges Consultant cc: Anne Best Johnson,Weld County Department of Planning Services Bryant Gordon,Property Owner pc: Project File#BG9901 ! rru,f . t i. • 1 nrf < whir,. t efi .s f ,4'i,i2 0 :S"Jr y'-, June I, 1999 Ms. LuAnn Penfold Fire Marshal Mountain View Fire Protection District 9119 County Line Road Longmont,Colorado 80501 Dear Ms.Penfold: I have received and reviewed your comments pertaining to the recorded exemption application for Bryant Gordon (case number: RE-2444). This letter is intended to address your comments and the requirements of the Fire District. • All construction by the applicant shall be in accordance with the requirements of the Weld County Building Code and any portions of the Uniform Fire Code supported by the Building Code and/or the Weld County Commissioners. • The parcels being created are greater than 2.5 acres in size; therefor a water supply for fire protection is not required unless the single-family dwelling is larger than 3600 sq. ft. in size. The proposed residence by the property owner is to be less than 3600 sq. ft. in size and if it becomes larger it will meet the requirements of the District. • Adequate access is existing to the site and any structure will be within the 150 feet of the access road. The existing road has a gravel surface and should support the imposed loads of fire apparatus. • The property owner agrees to place approved address numbers on the residence in such a position to be plainly visible and legible from the access road. If you have any questions concerning the applicant's response to the comments/requirements of the Mountain View Fire Protection District,I may be reached at the number or address below. Sind .....i,ec% Todd A.Hodges Consultant cc: Anne Best Johnson,Weld County Department of Planning Services Bryant Gordon,Property Owner pc: project file#BG9901 ?l t , £.rttntt:r ( € r I r«r ( e,/iin'_ ( nlrt r 1. ?N"jc, a 0 't; '_r?`? CLOD May 24 , 1999 Mr. Dave Mallary Darrell & Phyllis Lewis 7543 Road 16 419,x-Weld County Road 11 Pt . Lupton, CO 80621 Erie, CO 80516 Jerry & Sherry Hill 4182 Weld County Road 11 Erie, CO 80516 Re : Owner: Bryant Gordon Exemption: Weld County Case No. RE 2444 Address : 4172 Weld County Road 11 Erie, Colorado 80516 NOTICE: Bryant Gordon has requested approval for a recorded exemption 42444 for property which is located in part of the SW 1/4 of Section 12 , T. 1N. , R. 68W. of the 6t" P.M. , Weld County, Colorado. The request is to divide his property into two parcels of approximately 2 . 9 acres each. According to the maps and recorded documents with the Weld County Clerk and Recorder, you are the owner of property adjacent to his property or the private road going east from WCR 11 . The private road provides access to your property as well as his property and the property which will be the exempted parcel . The County has required Mr. Gordon to provide you notice of the fact that he has applied for the recorded exemption, and that he and his successors in interest to either his parcel or the exempted parcel , agree to comply with the terms and conditions of the Easement Maintenance Agreement recorded November 15, 1976, at Book 782 , Reception No. 1703624 . The owner of the additional residential unit shall be utilizing the easement and shall be bound by all of the terms and conditions of the Agreement . BRY GORDON CERTIFICATE OF MAILING On this /64 day of �, 1999, the undersigned mailed a true copy of this notice the above named persons, at the above addresses by United States certified mail ostage prepaid, return receipt requested. C:\wpdocs\realest\gordon-all.not_wpd �r � 1 ..t, ,e''ti kK>ft�t�1'.tqq"ff1trL'ti��j�j�r�'!'Ir�/. 1!{j,'fittby��1fNQ)'It��.eii i•t�Pei, MIA'(•JM1kYli1"''i 1 510Si'J 101 r• . a44ttit 1/44.i�tett f-.4.41 id bil'-.4v }{ANWYA/ 'IIKA L' 0'„ y -1�.t' n{-1 1"4i'�i j 1"`t:)kt77 t'' J 1 kl M ( . L' iy Jil 1 0 r Nr. 1 Jfelpihiw . k1 J II r' 1`lJF•O 41. J J c_. A.41- l's Reconled as .././2_. JAI. ) cvM Nov 1J 1,' a q o clerk .... Oil gfr '�tll '2.�. Mary Ann fn,enrein. Rero•drr ic (1r�! /-/ 1i1) 1 j•ri `• AGREEMENT 71{ { " - Charles and Sylvia Ferguson, Colonel and Quidot to Gordon, •a, Frederick and Imogene Levi,, and Darrell and Pnyllis Lewis, hereinafter {, �• __ referred to as the parties, `y�'�t Ay access along I have granted, to each uLher casements for t441 cr s. k'a descresenary use asevidenced ommon byt easemey nts i recorded es for llMarch eir o27,le and 1972. j�'1 Said ..,,neiorot being granted ,Vt.;+ { granted from Ferguson 15 feet along his northern 1;. r` Property line and from Lewis,t--1Lewis and Gordon being 1S feet along Leeit L •tit. Southern property line, granting an access road of r-P44: * running east and West from Weld County Road 11 on the West to the eUnion Y':! rt Pacific Right of Way r AND WHEREAS, the t •• - SS �r parties entered Into a verbal agreement on or about bou Marc!, ., �•._tftr 27, 1972, for the common maintenance of said access road to he born tby the a parties equally, not withstanding en agreement entered into between the +, parties and the Amoco 011 Company for access to certain oil andgas �. 5•_' ... on wells on or about the property in the general vicinity of the respective Products '.'y -,, t— parties pro r perty, wherein Amoco Oil has agreed to maintain and service said ' ..J tk road in return for its use and said access. £�•" St M ti Re it known that the agreements herein referred to between fa 1 been reduced to writing and shall run with the land. the parties have i'(�7;,{$ 1. '• Charles Ferguson — _ Colonel Gordon �'S`- -L- . y q / y' 1 Syly Ferguson G4Lc �L !^- L°-tC?I-`r�'�-- J .' I Quldorta Cordon - ,.,•ar {l, p ,. WI rt Frederick Lewis �utt�� DDD==h lDI Lewis.f� + yc`�_ I/!,. ?..,, '_ w nrrell Lew "��----'�S4.` dt /' P. . f/ it 111- r p rLl III Imoge7� Lewis - GL4�_t4_,_ --_ �i( ��__L/,__\,�'(((_cr , " # Ihyil(s Lewis - ---- q , ,- THE FOREGOING t t�. AGREEMENT RELATING TO THE SOUTHEAST ;T: y• '.�. WEST QUARTER (SE/11 Shi/1; of QUARTER OF '1'IlE SOIiTII- ST, F,M. , IS HEREBY SCTION 12, TOWNSHIP 1 1� NORTH, R,gpin.r. 69 )1 e`ii`:�' ill..4 OCTOBER, 1976, BY ACCEPTED AND AGREED TO THIS 22nd DAY OF AMOCO PRODUCTION COMPANY ' ` ''. TO As AMOCO OIL" , WHICH COMPANY 73 REFERRED 1 .: IN THE FOREGOING AGREEMENT. �Iy ;;;t-:, /!t1 AMOCO PRODUCTION COMPANY • t . Mk 0 J q ra r1j4n:? 1 4 ic7 ✓ chilli It lll��j0r'tfin ,V Y'giitA 11tt1?Ali it gait J �'f,P n4! t 1 t 1 0(r � t!,-,: k ..+.e I 'V 01; ( . 9t, 1} .?1 1 ?1', 4� 11 (Ir i l i"'iro', 41 J111? k1 t + % f a I; f !J.•1 1 r 111 l',74 r, . :N11T!'j {flrll l•1. Y•�R1 J �;,r•�or Ii�; 4�t1t . 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I = ; ,:: $ seed q arisespurned V ama 0 Do not use for International Mail See reverse r Sent to ..:IroW s,easramPY4 ele0 > 4 I • 'amWi:BuMdS Macey wrgay v Street a Nu 1 r 1 ' r A I ',' paranaaO eteD q woyM °t our neys tduseu wnteu 18 cn st Otos,S te:zi r( : end/vangaO PapNsay , , Postage $ sari AsengaD leoadg Codified Fee sad PegryeO I Special Delivery Fee 'x l��► $ egelsod m Restricted Delivery Fee '. I .4 !t�,,A CID v •e' d 'aletS' °IBO Pod CI ,• e Return Receipt Showing to . --r 1 me 41ewIS a Whom&Date Delivered - Q of lue p, Return - ,m Receipt Showing to Whom, 1. a Data,a Addressee's Address . . esienal ee5 getN leuogewelul lot esn tau oa czi 0 co TOTAL Postage a Fees ;-. ! -Pepleoad 96elen03 eauemsul ow € Postmark°mate , ' new paippa3 Jo;;diaaaa ti - ,� � RDIAteS lelsod Stl a 2LT T99 h12 Z Z 214 661 170 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Interna tional Mail See reverse '•,t Olf�ce, ,la aZl•Code ®© Salina Special Delivery Fee a y, Restricted Delivery Fee m Return Receipt Showing to _ Whom&Date Delivered • , ' y Return Receipt Showiig to Wpm < Dale,&Addressee's Address gi ll CO € Postmark or Date ® .. , a AD 1ft b WELD COUNTY ATTORNEY'S OFFICE Weld County Planning Dept. PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 P14Y 2 199q 915 TENTH STREET WilDe P.O. BOX 1948 RECEIVE ® GREELEY, COLORADO80632 May 20, 1999 COLORADO Phillip Wong, Esq. Schey, Piller, Alspaugh & Wong, PC The Premier Building 825 Delaware Avenue, Suite P-300 P.O. Box 267 Longmont, CO 80502-0267 RE: Comments Regarding Draft Notice Dear Mr. Wong: I have received by facsimile your draft notice to be signed by Bryant Gordan and addressed to Dave Mallary, Jerry and Sherry Hill, and Darrell and Phyllis Lewis. I have reviewed the draft Notice and have no comments. It appears to comply with all of the requirements which I stated to you by telephone and by letter. If you should have any questions or comments regarding this letter, please feel free to call me at (970) 356-4000, extension 4390. Sincei'4', ( 7'"" -_ r Bruce T. Barker Weld County Attorney BTB/db:Let/Wong pc: Anne Best-Johnson Clerk to the Board DEPARTMENT OF PLANNING SERVICES Willi PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 INISTRATIVE OFFICES C. WELD COUN GREEtLEY00COLORADON17TH VENU 0631 COLORADO April 2, 1999 Mr. Todd Hodges Todd Hodges Design, LLC 4119 Grandby Court Fort Collins, Colorado 80526 RE: RE-2444, Bryant Gordon Dear Todd: This letter serves to confirm the date for the Board of County Commissioners consideration of RE-2444. Due to scheduling conflicts, the April 12 date has been changed to Monday, May 3, at 9:00 a.m. The Board of County Commissioners meet on the first floor of the Centennial Center which is located at 915 10th Street. Please do not hesitate to contact me with further questions. Sincerely, Anne Best Johnson Long Range Planner pc: RE-2444 file Kit DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 2, 1999 Mr. Todd Hodges Todd Hodges Design, LLC 4119 Grandby Court Fort Collins, Colorado 80526 RE: RE-2444, Bryant Gordon Dear Todd: This letter is to inform you that the recorded exemption application referenced above has been reviewed by the Department of Planning Services and staff has determined that the application should be presented to the Board of County Commissioners with concerns of not meeting the standards of Section 11 of the Weld County Subdivision Ordinance. This application will be scheduled before the Board of County Commissioners on Monday, April 12 at 9:00 a.m. The Board of County Commissioners meet on the first floor of the Centennial Center which is located at 915 10th Street. You will find a copy of the staff recommendation to the Board of County Commissioners enclosed. You will also find a copy of potential conditions of approval enclosed should the request be approved by the Board of County Commissioners. Please do not hesitate to contact me with further questions. Sincerely, Anne Best Johnson Long Range Planner pc: RE-2444 file DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 1, 1999 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Subject: Recorded Exemption #RE-2444 Dear Commissioners: Bryant C. Gordon, through consultant Todd Hodges, has requested a Recorded Exemption to occur on 5.8 acres located in part of the SW4 of Section 12, Township 1 N, Range 68W of the 6th P.M., Weld County, Colorado. The 5.8 acre parcel is located east of and adjacent to Weld County Road 11 and 1/4 mile north of Weld County Road 10. The parcel of land under consideration is the total contiguous land holdings of the applicant. Based upon submitted information, responses from referral agencies, and the governing mechanism of Weld County, the Department of Planning Services' staff has concern whether the applicant has provided sufficient justification for the Recorded Exemption. Staff has the following concerns: 1. The applicant has not demonstrated consistency with efficient and orderly development in accordance with Section 1.3 of the Subdivision Ordinance. This proposal will create the 26th parcel in Section 12. There are 8 additional parcels in the northern half of Section 13. This proposed Recorded Exemption would result in another residential lot in a highly congested area of unincorporated Weld County. Continuing to subdivide without utilizing a more appropriate subdivision process creates parcels without addressing urban-scale subdivision requirements. 2. The applicant has not demonstrated conformance with Section 10.5.10 of the Weld County Subdivision Ordinance. Section 10.5.10 states, "A flag lot configuration shall be avoided when possible." The applicant has a recorded easement (BK. 664, Rec. 1586270) for a thirty-five (35) foot access easement presently serving the property in question, and two additional properties which rest adjacent to and east of the applicant's property. An additional parcel would create a fourth lot served by an access easement which creates a flag lot configuration. This scenario also provides the opportunity for future conflicts pertaining to the maintenance and use of the access easement. Staff does not consider the creation of a flag lot to be efficient or orderly development. One of the primary reasons to avoid a flag lot configuration is to avoid future access problems created by "island lots" which depend upon access across adjacent property. [The letter is to: Board of County Commissioners] Page 2 3. The applicant has not demonstrated that this proposal is consistent with the intention of the Recorded Exemption process, as outlined in Section 11.2 of the Subdivision Ordinance, as follows: "The Recorded Exemption is a subdivision process used to divide a lot, not located in an approved subdivision, into two separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the agricultural zone district for a single family residential building site, separating existing improvements from agricultural land, and creating a lot in a commercial or industrial zone district for existing or future development." This application does not meet the intention of the Recorded Exemption process by dividing a small parcel of 5.8 acres into two smaller parcels. 4. The applicant is requesting to divide this parcel into two parcels. Staff believes the application further exemplifies an evasion of the intent of the Recorded Exemption process. This section has 25 existing lots, 17 of which were created prior to zoning, contributing to urban scale development as defined by Section 2.21 of the Weld County Subdivision Ordinance. The potential for 19.additional land splits exists in this section. The result of these additional splits will be a section inundated with uncoordinated urban-scale development. 5. The conflict between rural and urban activities is evident in this request. When an urban growth pattern is established without regard to long range comprehensive planning, the outcome lacks the essential elements of long term desirability. Higher costs are incurred by providing many public services to urban sprawl areas. As urban areas develop and expand they inadvertently influence surrounding areas. These areas are either converted to urban areas themselves or are in direct conflict and competition with agricultural areas. Scattered residential development in rural areas necessitates an increased demand for roads and bridges, police and fire protection, education facilities, utilities and other services. The cost of providing services and the conflicts between rural and urban land uses can be reduced if development is encouraged to areas adjacent existing municipalities. The Department of Planning Services' staff is bringing this application to the Board of County Commissioners with concerns based upon the application's inconsistency with Sections 1.3, 10.5.10, and 11.2 of the Weld County Subdivision Ordinance, which ensures orderly and efficient subdivision development within the county. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Res ectfully ubmitt Anne Best Johnson Long Range Planner cc: Todd Hodges Monica Daniels-Mika, Planning Director Weld County Attorneys 4Kr• MEMORANDUM TO: RE-2444 March 29, 1999 Wi�P • From: Anne Best Johnson Long Range Planner COLORADO SUBJECT: Most Current Deed prior 8/25/72 for legal parcel #1467 12 000022, RE #2444 On Friday, March 19, Todd Hodges was informed that Transnation Title Company did not provide the most current deed prior zoning for the aforementioned Recorded Exemption. Mr. Hodges stated he would provide this information. On Friday, March 26, Anne Johnson contacted Mr. Hodges and left a message at 970 215 4311 that RE-2444 cannot proceed until these deeds can be produced. On Monday, March 29, Scott Ballstadt informed Anne Johnson that due to a previous letter from Weld County Department of Planning Service staff member, Chris Gorenson dated 2/27/97 to the applicant, which states that the property is a legal parcel, that the need for a deed prior to zoning (8/25/72) is unnecessary. The letter produced is sufficient evidence of the fact that the parcel identified above is a legal parcel. IDNW trcv '! , rt) t ; )4(issea .DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 NED C FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 February 27, 1996 Bryant Gordon P.O. Box 353 Macon, Missouri 63552 Subject: Property research request in part of the SW4 of Section 12, TIN, R68W of the 6th P.M., Weld County, Colorado. Parcel no. 1467124 Dear Mr. Gordon: Staff has reviewed the parcel recorded with a purchase contract agreement (6-01-70, B 626 R 1548392), and later recorded by deed (11 -01 -73 , B 700 R 1622278) is a legal parcel. There also appears to be a 15' wide access easement across the lot for property to the east of said parcel. Because the parcel is considered a legal lot, you could apply for a recorded exemption. However, access to WCR II may be a concern, and may not be considered efficient and orderly development. The property does not appear to overlay any areas where subsidence is shown in the Geologic Hazard Overlay District. If you have any further questions or comments, I may be reached at the address and telephone number above. Sincerely, Chris Goranson Current Planner pc: property research file, parcel no. 1467124 014;;;.: DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Phone(970) 353-6100, Ext. 3540 • Fax(970)352-6312 C. COLORADO February 23, 1999 Bryant Gordon do Todd Hodges 4119 Granby Ct. Ft. Collins, CO 80526 Subject: RE-2444- Part of the SW4 of Section 12, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Todd: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, 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 Frederick, Firestone, Dacono, and Erie Planning Commissions for their review and comments. It is recommended that you and/or a representative be in attendance at the Frederick, Firestone, Dacono, and Erie Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Please call Town of Frederick at 303-833-2388;Town of Firestone at 303-833-3291; City of Dacono at 303-833-2317; and Town of Erie at 303-665-3555,for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please call me. Sincerely, aznzrto Anne Best Johnson Long Range Planner FIELD CHECK - 2-L- vlq inspection date: CASE NUMBER: 'LE r aL-lcl4F, APPLICANT: 6 r)n.4 - C . 6-02 el 0->n rie- tt C c LEGAL DESCRIPTION: pt q „ , C w tm LOCATION: a� �� Y3 of and adjacent to Weld County Road q90c-Ki. l0 Zoning Land Use C- ' N A(Agricultural) N 5,�� • y awn .."� / (2_ E A (Agricultural) o:Iu 'T-LOO A Jan MCC to 1 cn..E's c.- c .p<'}pc(FL.e S A (Agricultural) /11 ' - ; ,�� ve- 1 w W A(Agricultural) W 65`( t COMMENTS: .1c^)c.4.77r, D.4c- we ylczv b..,z<c IccAZ-7 It hL I .) 6'?k.i'E" t`6 cent cite%a,c.e..-,7 pro P'e„-` `1 b"'^t"y, , Planner 447 ,5- ) l 1 c,_/4.5 MS Hello