HomeMy WebLinkAbout951969.tiffRESOLUTION
RE: APPROVAL OF AMENDED RECORDED EXEMPTION #828 - WILLARD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under Section
30-28-101(10)(d), CRS, as amended, did determine at a public meeting held in the Chambers of
the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known
as Amended Recorded Exemption #828, does not come within the purview of the definition of the
terms, "subdivision" and "subdivided land", and
WHEREAS, the request for Amended Recorded Exemption #828 was submitted by
Kevin D. and Heather M. Willard, 10085 Weld County Road 31, Fort Lupton, Colorado 80621, for
property which is located in part of the S'/2 of Section 9, Township 2 North, Range 66 West of the
6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be
provided by the applicant and known as Exhibit "A", said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be approximately
80 acres and 5 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms, "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that Amended Recorded Exemption #828
submitted by Kevin and Heather Willard be, and hereby is, approved conditional upon the
following:
1. A Weld County septic permit is required for any proposed home. The septic system
shall be installed according to the Weld County Individual Sewage Disposal System
(ISDS) regulations.
2. Any existing septic system(s) which is not currently permitted through the Weld
County Health Department will require an ISDS evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found tobeinadequate,
the system(s) must be brought into compliance with currents ISDS regulations.
3. 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 days from the date
of approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
951969
(22,1//Ctrl
RE828
RE: AMENDED RE #828 - WILLARD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of September, A.D., 1995.
41.
AP
ty Clerk to the Board
Deputy Clerk t he Board
D AS TO FORM:
un y A ttorney
BOARD OF COUNTY COMMISSIONERS
WE ! COUNTY, COLQRAD
Dale K. Hall, Chairman
arbara . Kirkmeyer, P,r' -Tem
George E(axter
197W "' iic-'c
Constance L. Harbe
W. H. Webster
Jt
951969
RE828
DEPARTMENT OF PLANNING SERVICES AMENDED RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Kevin D. and Heather M. Willard Case No: AmRE-828
Legal Description: Lot Bof RE -828 part of the S2 of Section9, T2N, R66Wof the 6th P.M., Weld County, Colorado
Larger Lot Size: 80 acres Smaller Lot Size: 5 acres
Criteria Check List
Meets Criteria
Yes No
X
X
X
X
X
X
1. Conformance with the Weld County Comprehensive Plan and
any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in Section 11.8 of
the Weld County Subdivision Ordinance.
6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
APPROVED WITH CONDITIONS
The Department of Planning Services has determined through the review that the standards of Sections 11.5.1 through
11.5.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the
following conditions in accordance with information submitted in the application and the policies of the County.
A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the
Weld County Individual Sewage Disposal System (ISDS) regulations.
Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require
an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations.
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 S 4Y.
!2", 799- fl
Shani L. Eastin , Current Planner September 18, 1995
5 1ct
APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (303) 353-6100, Ext. 3540, Fax# (303) 351-0978
FOR PLANNING DEPARTMENT USE ONLY:
APPLICATION FEE I SO RECORDING FEE
CASE NUMBER RECEIPT NUMBER o21 -1
ZONING DISTRICT APPLICATION CHECK 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:
TOTAL ACREAGE:
(See Attached)
85.0
Has this property been divided from or had divided from it any other property since August 30. 1972?
Yes X No
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No X
FEE OWNERS OF -PROPERTY:
Name: _
Address:
Name:
Kevin D. Willard and Heather M. Willard
1751 Weld Co. Rd. 29 Brighton, Co. 80601
Address:
Water Source: Larger Parcel well - Smaller Parcel well
Type of Sewer: Larger Parcel septic Smaller Parcel septic
Proposed Use: Larger Parcel Agricultural Smaller Parcel Agricultural
Acreage: Larger Parcel 80, 0 Acres Smaller Parcel 5.0 Acres
Existing Dwellings: (Yes or No) No (Yes or No) YES
I hereby state that all statements, proposals. or plans submitted with this application are true and correct to the
best of my knowledge.
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951969
LEGAL DESCRIPTION:
LOT A and LOT B OF RECORDED EXEMPTION NO. 1309-9-3-RE828,
being a part of the South one-half of Section 9, Township 2
North, Range 66 West of the 6th P.M., as per map recorded January
29, 1986 in Book 1101 at Reception No. 2041011, County of Weld,
State of Colorado.
951969
RECORDED EXEMPTION OUESTIONAIRE
1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used.
SEE ATTACHED
2. Describe the location. size and present use of the area where each proposed new lot will be created.
Explain how the proposal is consistent with the We'd County Comprehensive Plan and any adopted
municipal plan. if applicable.
Explain how the uses permitted will be compatible with existing uses surrounding the -proposed
recorded exemption.
Explain how the proccsal is consistent with the intent of the zoning district d s located within.
Explain how the proposal !s consistent with efficient and orderly development.
7. Explain how adequate provision for the protection of the health. safety, and welfare of the inhabitants
of the neighborhood and the County will be accomplished.
351969
AMENDED RECORDED EXEMPTION
WILLARD
1) The Original Recorded Exemption No. 1309-9-3-RE828 contains
190.6 acres. It is being requested that this Recorded Exemption
be amended to create an 80.0 acre parcel and a 5.0 acre parcel
with the remaining acreage not being a part of the Recorded
Exemption. This parcel of land is currently used for
agricultural purposes with no changes being proposed at this
time. Mr. Willard is requesting this Amended Recorded Exemption
so that the 80 acre parcel may be created in order to proceed
with another Recorded Exemption for said 80 acre parcel.
2) The 85.0 acre parcel is located in the South one-half
Southwest one -quarter, Section 9, Township 2 North, Range 66
West. Presently the entire parcel is being used for agricultural
purposes with the smaller 5.0 acre parcel having an existing
dwelling.
3) This Amended Recorded Exemption is consistent with the Weld
County Comprehensive Plan because no changes are being proposed
at this time. Access to each parcel will be from Weld County
Road 22. This parcel does not lie within any boundaries of a
municipal master plan.
4) The land surrounding this parcel is primarily agricultural.
This parcel will remain agricultural.
5) This application is consistent with the traditional use and
should not conflict with the current agricultural zoning of this
area.
6) The proposed Amended Recorded Exemption will remain consistent
with development as no changes are being proposed at this time.
7) No buildings are being planned for the 80.0 acre parcel at
this time, but would be serviced by well and septic.
951969
WEL 'OLINTY ROAD ACCESS INFORYLA- N SHEET
Weld County Public Works Department
933 North I Ith Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750
1. Applicant Name allid—n9,e,o Phone
Address / 7S/ v% C. Qo,29City,4 c-royaJ State Co .Zip BO6- z/
Date:S y 7
Y5
B98-i9z4
2. Address or location of access
q
Section / Township 04-/ Ranee 6,, G
Subdivision Block Lct
Weld County Road ; 2 Z Side of Road ,470,e7 -t/ N S E or W
Distance from & number of intersecting road 4ctb± a•)•017,4•..?)
3. Is there an existing access to the property? Yes/ No # of accesses
********************************x******xx**x*****x*********************x********x**
Site Sketch
-Ley- 19
M
*xx***x**x*********x*x****x****x*x**x**xxx****xxxx****xx*x*******x***xxx***x*xxxxx
OFFICE USE ONLY
Road
Road
ADT Date Accidents Date
ADT Date Accidents Date
Proposed use:
C Permanent C Residential'Agricultural ❑ Industrial
❑ Temporary O Commercial C Subdivision
❑ Other
********************************x*************************************************
Drainage Requirement Culvert Size Length
• Other Comments
❑ Installation authorized
❑ Information Insufficient
Special Conditions
Reviewed by: Title:
951969
COLORADO
mEmoRAnuum
Shani L. Eastin
To Weld County Planning
From Trevor Jiricek, Supervisor,
Subject Case Number: RE -828
Date August 29, `b,9�5`
Environmental Prot at nV6er vice
Name: Wil%td, Kevin & Heather
S2 of Section 09, Township 02 North, Range 66 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s). In the event the system(s)
is found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. regulations.
TJ/cs-1351
951969
RECEIVED AUG 1 7 1995
Wine
COLORADO
August 16, 1995
TO WHOM IT MAY CONCERN:
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 353-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
CASE NUMBER: Amended RE -828
Enclosed is an application from Kevin and Heather Willard for an Amended Recorded Exemption.
The parcel of land is described as Lot B of RE -828 located in part of the S2 of Section 9, T2N,
R66W 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 and adjacent to Weld County Road 22; approximately
1/2 mile west of Weld County road 31.
This application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Your promptreply
will help to facilitate the processing of the application and will ensure prompt consideration of
your recommendation. Please reply by , so that we may give full consideration to your
recommendation. Please call Shani L. Eastin, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1.
2.
f
We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
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:
We have reviewed the request and find no conflicts with our
interests. FILL bUT ALCEsS SI4-EEY
A formal recommendation is under consideration and will be submitted to you
prior to:
5. Please refer to the enclosed letter.
Signed: 4/044 6iaV Agency: t tkk„kel.t.: L1,4- L aAL.-- t'-' n COUNTY PLANNWa
Date: — {c -276-
AUG233.995
Ann
951969
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750
1. Applicant Name _
Address
2. Address or location of access
City _
Date: 5 - 18 - °(5
Phone
State Zip _
Section
Subdivision Block
Weld County Road # Side of Road _
Distance from & number of intersecting road
Township Range
Lot
NSEorW
3. Is there an existing access to the property? Yes_ No # of accesses
*********************
4. Site Sketch . cp
JC
W
OFFICE USE ONLY
SEE RE- r183
4)
Road 2Z ADT .1='49 Date 7- `t Z Accidents
Road 3 1 ADT -I t C Date & - 9/ Accidents
Date
Date
5. Proposed use:
Q1 Permanent al Residential/Agricultural O Industrial
❑ Temporary O Commercial 0 Subdivision
❑ Other
**********************************************************************************
Drainage Requirement Culvert Size Length
Other Comments
❑ Installation authorized
Special Conditions _
❑ Information Insufficient
Reviewed by: Title:
951.969
1309-9-3-RE828
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951969
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
August 29, 1995
Ms. Shani L. Eastin, Current Planner
Weld County Planning Department
1400 N. 17TH Avenue
Greeley, CO 80631
Re: Willard Amended Recorded Exemption, RE -828
S1/2 Sec. 9, T2N, R66W, 6THPM
W. Division 1, W. District 2
Dear Ms. Eastin:
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
We have reviewed the above referenced proposal to split a 5 acre lot from an 85 acre parcel.
The proposed water supply is to be from on lot wells. The 5 acre parcel appears to be served by
an existing unregistered well. A permit for a domestic type well will be available for the larger
parcel the same as for any parcel of 35 acres or more. We have no objection to the proposal
contingent upon the applicant late registering the well serving the 5 acre lot.
If you have any questions, please contact me.
Sincerely,
JS/willard
cc: Alan Berryman, Division Engineer
Water Supply Branch
John Schurer, P.E.
Water Resource Engineer
951269
RECORDED EXEMPTION NO.I3309-9-3-RE 828
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951969
1101 REC 02041011 01/29/86 15:51 $6.00 1/UUL
J571 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RECORDED EXEMPTION NO.1309-9-3-RE 8?� , Y,
LEGAL DESCRIPTION: / A a
That port of the Sa'ith one-half of Section 9.r-n2North.
Range 66 West of 1- 6th Principal Meridian. We County.
Colorado. descrlbeu as: Beginning at the Southwest cornerof
said Section 9; thence N00°15'14"E along the West line of sold
South one-half a distance of 30.00 Feet to the True Point of
Beginning; thence continuing N00°15'14"E along sold West line o
distance of 2609.a" feet to the Northwest oorne- of said South
one-half; thence I '59'39"E along the North II of sold South
one-half o distance of 2671.62 Feet thence 522'35'53"E o distance
of 880.55 feet; thence 541°36'35"Eo distance of 324.95 feet•
thence 544'42'17"E a distance of 336.35 feet; thence 505°09'16"W
o distance 165.20 feet; thence 523°50'32"W o distance of 261.45
feet; thence 506631'47"E a dietonce of 371.03 feet; thence
513°16'48"W o distance of 557.39 feet to a point 30.00 feet North
of the South line of sold South one-half; thence $90'00'00"W
parallel with sold South line along the North right-of-way line
of Weld County Rood No. 22 a distance of 3267.58 feet to the
True Point of Beginning.
Contains I90.589a0res more or lees excluding the South 30.00 feet
thereof.
Basle for Bearings: The South line of Section 9 Is aerimed to bear
N90°00'00"E.
SURVEYOR'S CERTIFICATE:
I hereby certify that this plot was prepared under sy'euperVis1on
and that the some le correct to the best of my knowitiOWANU1.4"
and belief.
Royiond Wa, Boyer
Reg. P.L.S. No,; 69
We, the ufderehpned,- being the sole. owners in fee the -e
deeorlbed prOperty do hereby subdivided the rime es shownon the
attached sop.
e
The fo gain • certlflcotion,was acknowledged before
day '. .... A.D. - A /��
My Commiesio Exp ee�-- - °
Notary Public:
This plat is accepted and i filing.
^r
Department of Planning Services litector
The foregeing,certification vas acknowledged before methis
(ts. ...naw,1 , A D . 19 _.
Notaf} Pe�;
My Commission explree. r. esobli
,, Witness my .Nan ea ra Seal
My C.,i..w:w" f yar°a fa► "Asws
PURPORTED Copy
SIIEF T 1 OF 2
951969
RE 626
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: James L. Ergot' and Lloyd Land Case No: RE -828
Legal Description: Pt. Si of Section 9, T2N, R66W of the 6th P.M., Weld
County, Colorado.
Larger Lot Sire: 185.589 acres Small Lot Size: 5 acres
Criteria Check List
Meets Criteria
Yes No
x
x
R
R
1. Consistent with the intent of the zone district.
2. Compatible with the existing surrounding land uses.
3. Compatible with the future development of the
surrounding area.
4. Complies with Overlay District Regulations.
5. Complies with minimum lot size requirement.
6. Complies with the Weld County Comprehensive Plan.
7. Consistent with efficient and orderly development.
8. Lots accessible from au existing public road.
9. Adequate water supply.
10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department.
11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, ars not
part of a subdivision, or are not part of a Minor
Subdivision.
x 12. Does not evade the Weld County Subdivision
Regulations requirements and Statement of Purposes.
APPROVED
Recorded Exemption is approved in accordance with information submitted in
the application and the policies of the County. The Department of Planning
Services has determined through its review that the standards of Section 9-2
E. (1) (a) through (m) of the Weld County Subdivision Regulations have been
met.
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 Department
of Planning Services.
By chid/Ltd.( Date FP/14
Current Planner
a:..�.G.
r -mc-N
All I.ICAYIIIN I)) id [ OLPP.I) I: F:MPTION
fIt".E:-41101 at. 4400
U I. t 1. 1 1 1..iVi) Iu:P Itreet, Grcoley, Colorado 31)631
FOUR PLANNING REPALIMIIT ONE ONJ.I
CASE NO.
ZONING DISTRICT
DATE
Mil_ FEE /25Q°
RECORDING FEE
RECEIPT NO.
APPC. CHECKED BY
TO BE COMPLETEDJiY APPLICANT: (Print or type only except for required
signatures)
I (we), the undersigned hereby request that the following described property
be designated a recorded exemption by the Weld County Board of County
Commissioners. LEGAL DESCRIPTION:
See attached legal description incorporated herein by reference as
Exhibit "A".
TOTAL ACREAGE: 190.589
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes X No
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: James L. Erger
Addre+s: 7290 Magnolia Street, Commerce City CO Phone:
80022
Name: Lloyd L. Land
Address: 14021 Country Hills Dr. Brighton CO Phone: 659-3153
80601
Name:
288-5061
Address: Phone:
WATER SOURCE: Larger Parcel well Smaller Parcel well
TYPE OF SEWER: Larger Parcel septic tank Smaller Parcelseptic tank
PROPOSED USE: Larger Parcel agriculture Smaller Parcel agriculture el-irrr.t.
ACREAGE: Larger Parcel 18885589 Smaller Parcel
EXISTING DWELLINGS: (Yee 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 bent of my knowledge.
COUNTY OF WELD
STATE OF COLORADO )
James L„ Erger
SignaturU Owner orremu/ ho,
r7'
Subscribed and sworn to before me this ��� --tlay o P�CQ-s
(SEAL)
fly Commiss cn Expires Mar. 7s, Wad
My Omnmissinn expires:
i
Notary Pub'_!c
1; 193S
Wtli W Mont `W
95 :1163
LEGAL DESCRIPTION:
That port of The South one-half of Section 9, Township 2 Nortn,
Range 66 West of the 6th Principal Meridian, Weld County.
Colorado, described ❑s: Beginning at the Southwest corner of
Bola Section 9; thence NO0°15'19"E along the West. Ilne of said
South one-half a distance of 30.00 Feet to the True Point of
Beginning; thence continuing NOO°15'19"E along said West tine o
distance of 2609.49 Feet to the Northwest corner of sold South
one-half; thence NB9'59'39"E along the North line of sold South
one-half a distance of 2671.62 Feet; thence 522'35'53"E a distance
of 880.55 feet; thence 591'36'35"E a distance of 329.95 feet;
thence 549°42'17"E o distance of 336.35 Feet; thence S05'09'16"W
o distance 165.20 feet; thence 523°50'32"W -o distance of 261.45
feet; thence 506'31'97"E ❑ distance of 371.03 feet; thence
513'16'48"W a distance of 557.39 feet to a point 30.00 feet North
of the South line of sold South one-half; thence S90'00'00"W
parallel with said South line along the North right-of-way line
of Weld County Road No. 22 o distance of 3267.58 feet to the
True Point of Beginning.
Contains 190.589acree more or less excluding the South 30.00 feet
thereof.
Boa's foBearings: The South line of Section 9 le assumed to bear
N30'00,00"E.
FIELD CHECK
FILING NUMBER. ImieL-- - -1g" DATE OF INSPECTION: 0 -
APPLICANTS NAME: l{-eLt.! ) . ia_.
LAND USE:
ZONING:
COMMENTS:
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CURRENT PLANER
951969
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