HomeMy WebLinkAbout990525.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #2425 IN CONJUNCTION WITH
SUBDIVISION EXEMPTION #757 - RICHARD AND ELIZABETH WILSON
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), C.R.S., and Sections 11.5.1 and 11.17.1 of the Weld County
Subdivision Ordinance #173-E, did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into three parcels, as shown on the plat known
as Recorded Exemption #2425 and Subdivision Exemption #757, do not come within the
purview of the definition of the terms, "subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #2425 and Subdivision Exemption
#757 were submitted by Richard and Elizabeth Wilson, 6767 Weld County Road 19, Fort
Lupton, Colorado 80621, for property which is located in part of the N 1/2 of Section 33,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more
particularly described in the plats which shall be provided by the applicant and known as
Exhibits "A & B", said plats to be recorded, and
WHEREAS, this request is to divide the property into one parcel estimated to be
approximately 74 acres , and two parcels estimated to be approximately 7 acres in size.
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 Recorded Exemption #2425 by
Richard and Elizabeth Wilson 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 (I.S.D.S.) Regulations.
2. Weld County Road 19 is designated on the Transportation Plan Map as a
collector status road which requires 80 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way.
3. The applicant shall utilize the existing access to this parcel as no additional
accesses shall be granted. (Lots A and SE Lot) Utilize the existing agricultural,
oil and gas, and ditch roads that are necessary for your agricultural operation.
No additional accesses shall be granted. (Lot B)
4. Prior to recording the plat:
A. The applicant shall submit a deed which has been recorded with the
Weld County Clerk and Recorder for the subject 88 acres to the
Department of Planning Services.
990525
RE2425 and SE757
RE #2425 - RICHARD AND ELIZABETH WILSON
PAGE 2
B. A total of 40 feet of right-of-way reservation from the centerline of Weld
County Road 19 for future expansion of Weld County Road 19 shall be
delineated on the plat.
C. A 30-foot wide joint access easement extending across Lot A from Weld
County Road 19, for the benefit of Lots A, B and the SE Lot, shall be
clearly shown on the plat. The joint access easement shall be dedicated
for the use as shown utilizing the language set forth in Section
11.7.1.12.5 of the Weld County Subdivision Ordinance.
D. The applicant shall submit evidence to the Department of Planning
Services that the FRICO Ditch has been contacted and attempts have
been made to meet the ditch company requirements.
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 in which the
property is located. Pursuant to the definition of setback in the
Weld County Zoning Ordinance, 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.
3) SE #757 was approved in conjunction with this recorded
exemption for the purpose of dividing off a second set of existing
improvements from the parcel.
4) The Board of County Commissioners support this recorded
exemption application; however, 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) Prior to the release of building permits on Lot A or B, the applicant
will be required to submit a recorded deed describing the lot upon
which the building permit is requested with the building permit
application. The legal description on such deed shall include the
lot and recorded exemption number.
6) Pursuant to Ordinance #169-A, if noxious weeds exist on the
property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
990525
RE2425 and SE757
RE #2425 - RICHARD AND ELIZABETH WILSON
PAGE 3
7) In accordance with Section 43.2.3.4 of the Weld County Zoning
Ordinance, all zoning permits for mobile homes as accessory farm
uses are temporary and are subject to review annually on the
anniversary of the original permit's issuance. The applicant shall
submit evidence to the Department of Planning Services verifying
that the occupant of the mobile home for temporary accessory
farm use is principally employed at or engaged in the farming
operation on the subject property. The evidence shall consist of
tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services.
Failure to submit the required documentation may result in
cessation of the allowance of the mobile home for temporary
accessory farm use.
5. 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.
BE IT FURTHER RESOLVED by the Board that approval of Subdivision
Exemption #757, submitted by Richard and Elizabeth Wilson 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 (I.S.D.S) Regulations.
2. Prior to recording the plat, the applicant shall:
A. 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 in which the
property is located.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
3) Recorded Exemption #2425 was approved in conjunction with this
subdivision exemption for the purpose of dividing off a second set
of existing improvements from the parcel.
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 11.15.19 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.
990525
RE2425 and SE757
RE #2425 - RICHARD AND ELIZABETH WILSON
PAGE 4
BE IT FURTHER RESOLVED by the Board that 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 drawn in accordance with the requirements of Section 11.13.9
of the Weld County Subdivision Regulations. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COL RADO
ATTEST: due
rylplT a Dale K. Hall, Chair
Weld County Clerk to the :oar. v+'
icc1 (4 ► -- XCUSED
tarbara . Kirkmeyer, Pro- em
BY:
Deputy Clerk to the B\ �J ��.` L `f t`(
I N �� George E! B ter
� PPFD AS FORM: /_
147
ei eC�W
ounty Attorney �����
Glenn Va .
990525
RE2425 and SE757
EXHIBIT INVENTORY CONTROL SHEET
Case RE #2425, RE #2426, SE #757, Certificate of Compliance - Wilson
Exhibit Submitted Exhibit Description
A. Spurling, Nelson, Cary Three letters
B. Wilson Plat drawing (?n1/Mtl StAa- ajs )
C. Wilson SE Utility map
D. Planning Services Overheads
E. Wilson Three letters (Rosenoff, Garcia, Wahlborg)
F. Wilson Photo of Mobile Home, MHP #498
G. Wilson Photographs
H. Spurling Photographs
I. Scott Hamilton Letter of support
J. Fred Hamilton Letter of support
K. Wilson Photographs
L. Nelson Letter of support
M.
N.
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M'.\ESTH E R\l iwi lson
ranch 9, 1999
Weld County Boand of Commtaatonena
P. 0. Box 756 E2
reeley, CO. 60632
CLE :4
TO TH r≥ _.2
Attn: Commiasioneas
Ste; Y?t 2425 - 2C 2426- St 757- Wilaon 'a Legal lot STC
We are veny concerned with all these applications and the concentrated
type of development tahing place of Oita location. We plan to be.
pneaent March /7, /999 when these will be hand be#one you .
We ash that you review the teatimony of the Apnil 30, /997, Boand of
County Commissioner /Meeting, -PAO #79 Wilson. Also Planning Staff
recommendation letter fort dental . I4any of the name issues appears in
minutes as appear in these applications, in Zan. '96 they had a pennict
fon a stick build acc. to 'cam approved basis on come of ₹heae. ag. ideas .
Unfortunately all that has mateniali5ed is houses, Goya, and auto
nepain activates, coming and going all night long.
Zn reading applications Z see mone expansion plans ; all LABOR 1N%tNSiVt
organic wheat, organic hay, herbs, gneenhouae / requiring split skiffs,
the night chew is in tnainingl, cattle head, elh head, almost foaget
them chickens. then the newest, biggest, and rune to get them another
temp. acc . to farm, //OfSt BOAT?UZNG . %hat 's a majors people need.
Fon a fact they 've going to need one mone person (on weed contnol,
as aevenal of us neighbors ane going to ask that they control canada
thistles .
We ane not opposed to their ag. ideas but very troubled because the
houses have been given, the people ane heat, but yet every ag. activtttei
ane atilt in planning atagea . We ane also concern that the houses
appear not to be single-family dwellings, but have many people staying.
Wilson 's have said on second everyone pays ₹owanda the pnopenty, thua
mone houses, mone people????
EXHIBIT
wikI A
One of the applications appears to 6e a creative way to fake a 30 yr.
old dilapidated tnailen acc . temp . farm and make if a penm. dwelling,,
by aplttttng pnopenttea on neclannifytng uae. Aahtng all (Lye homey
under aepante title, thin is minor nubdivid uag and not the intent of
one in the agriculture gone district, in my limited undenstanding of
3oning. This looks like a nmohe and mirror act because adequate
documentation of farm use cannot be presented to Weld cty.
in anawens to question; la it conaiatent with existing land one. . .
4LSOLUItLY NO! ---- Compatible with surrounding pnopenfien . . . .
ABSOLU/LLY NO/ ----Y'nomotea health, safely and general welfare of
residents of county----ABSOLUItLY NO! . . .
in our letfen dated tan . 3/ , /997 neguanding 2P4/) #79 Wilson contain
fhia laaf paragraph;
/his negueat Ls based on expansion planes of a non-existing farm
openatton and will neault in a poorly planned, overpopulated
sub-division. We ash fon dental of thin permit . We ask fon
removal of the others acc . une-temp . dwelling., an Boning nequinea
because of cesaatton of use.
//hank You lo your Lons id nafton, CCnn
Cce
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/homan L. + Lana L . Spunling, ill
6648 W. L . 2d. /9
Ft. Lupton, CO. 8062/
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EXHIBIT
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1""7 PT.? 1 5 ' 11. nl(
March 15, 1999
CLERK.
Board of County Commissioners TO THE EO.
Weld County Centennial Center
915 10"'Street, Third Floor
Greeley, CO
Re: Wilson RE 2425, RE 2426, SE-757
Ladies and Gentlemen:
It has come to our attention that the Weld County Planning Department has referred the above
matters to you for review and action. We are one of the property owners to the west of the Wilson's
across Road 17. Reviewing the files for these matters has raised serious concerns for us and we hope you
will consider the following in your review.
➢ In the last 3 or 4 years only 2 crops of wheat have been planted on a portion of the Wilson
property. One farmer could easily do this amount of farming, and in fact we have seen only
one piece of farm equipment ever operating on that property.
➢ The Wilson's stated in a letter how they wanted to provide home sites for their family.
Splitting prime farmland for that purpose does not seem to be the intent of the recorded
exemption ordinance. Annexation and the subdivision process are available to them for the
kind of development they propose. Farmland should not be split into so many pieces without
going through a subdivision process, and uncontrolled growth outside of urban growth
boundaries is asking for problems.
➢ We are concerned about the quality of development they propose. We do not want another
Aristocrat Acres next door to us. We believe the County doesn't want the additional burden
inherent with that sort of development.
➢ None of the animals mentioned in their letter exist. The Wilsons are not,nor have they been,
in an intense farming operation of the sort requiring the amount of housing they are asking
for. There are already 5 houses on the property.
➢ We believe the need for on-site housing for farm help is a smoke screen to allow the Wilsons
uncontrolled ability to move their family onto this land. In fact,when the Wilsons came to
our door asking for approval to move the first house on their property, Mrs. Wilson
commented that they had 300 acres and were looking forward to moving their entire family
onto the property. They bought this farm so that they could do whatever they wanted with
the land. What did it matter really to any of the neighbors anyway? Well, it matters a great
deal to us. The attitude that they can do whatever they want on their property is distressing.
They seem to have little respect for the County's authority or for their neighbors.
We hope you will deny their applications. There are other avenues for the Wilsons to use to
accomplish their subdivision, and disguising it as accessory to farm use is a flagrant abuse of those
regulations.
Sincerely,
()
�`1't t c
Brett and Kate Cary
7772 WCR 16
Ft. Lupton, CO 80621
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Fort Lupton, Colorado Soya
March 16, 1999
WELD COUNTY BOARD OF COUNTY COMMISSIONERS:
This letter is in behalf of Richard and Elizabeth Wilson involving criticism of
property use of land adjacent to me that they purchased three years ago for their
family future. They have been criticized for some of their plans and general
presence as well as operational function of the farm land.
The Wilsons have invested extensive holdings and risk to develop their intentions
and exercise the right to have and enjoy their property. Some of their plans include
what some neighbors have already done, having that right to do so. The right to buy
or sell has enabled many to enjoy the spiral of inflation and capitalize for our efforts
and some enjoy the same just because of their birthright.
There have been many in this area to attain high profitable returns for parcels sold
off of farms, the irrigation water rights, and the mineral rights for oil and gas
production and all of the supporting facilities and services that follow that industry.
Everyone knows what is taking place along the front range and if we try to deny or
hold down the momentum of free enterprise and people's right to buy and enjoy
their property, we may snare ourselves in our own trap that could obligate a willing
seller to be liable for the future property use agreeable to the will and pleasure of the
neighbors. This is not the American way.
Other than my years in the military, I have lived and home based just south of the
Wilson property. We farmed twenty-five quarter sections in this area for ten years
and fifteen of them for many more years.
I have operated this business for over forty years and feel confident I can make a
fair evaluation of operations in this area. I feel Mr. Wilson has done an adequate
job of farming in a start up operation. He only has to satisfy himself with his farm
methods and production goals.
With the help of the Weld County Farm and Ranch guide, I prepared a map
symbolic of farmsteads from 25 to 50 years old, and those additions made in the last
25 years or less, some of them much less.
I've been a member of Weld County Farm Bureau for 40 years and served that
organization as President, Vice- president, and board member for many years. I
was elected as District One Chairman of Colorado Farm Bureau which
encompasses Boulder, Larimer and Weld Counties.
Anyone that might not know I was a member of the Home Rule Charter
Commission for Weld County almost 25 years ago.
Sincerely,
W. E46 6PiteikVi.
W.E. Rosenoff
Fort Lupton, Colorado
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02/1.6/60 IT:66 FAX 303 630 6626 KP MORGAN & COMPANY tool
KP MORGAN & COMPANY
MORTGAGE LENDING / MORTGAGE SERVICES
Tuesday,March 16, 1999
Ms. Elizabeth Wilson
6707 Weld County Rd 19
Ft. Lupton, CO 80621
Dear Ms. Wilson:
You have inquired with our company regarding mortgage financing for a property in Weld
County. Pursuant to your request, I have looked into various construction loan financing options
for a single family residence on your property. Because your property involves substantial
acreage, you face some challenges to securing a construction loan financing on the land as it
currently exists.
First, the investors we deal with have indicated that they would be unwilling to provide
construction loan financing for a parcel greater than 25 acres. Construction lenders will finance
projects up to 90% loan to value on properties 10 acres or less, and up to 80% on acreage
between 10 and 25 acres, under very strict parameters. For residential loans that are not
construction loans, but rather to purchase an existing home or refinance, there is minimal, if any
value given to acreage over 10 acres. In fact a recent refinance transaction on 40 acres used only
the structure of the house and 10 acres 10 value the property.
In addition to standard loan conditions such as satisfactory income, credit, appraisal and clean
title work, lenders will also require a single legal description to describe the property that will be
securing the loan. The legal description would need to be recorded before the loan is approved
and it would need to be a clear and permanent legal description to secure the loan.
Based upon this information we would be unable to provide the financing you have requested
with the property as it currently exists. If you are successful in changing the legal description of
the property please let us know,we would be pleased to explore your loan options at that time.
If you have any questions regarding this information feel flee to give me a call.
Sincerely,
Charles W.Garcia
Vice President
19OO GRANT STRtET, SUITE 825 • DENVER, COLORADO SO2O3
PHONE: 303.830.1 1 5I FAX: 3O3.83O.6625
EXHIBIT
I _5_1.144
Bank of Colorado
March 9, 1999
Elizabeth Wilson
6767 WCR 19
Fort Lupton,CO 80621
Dear Elizabeth,
This letter is a follow up to our previous conversations regarding the investor requirements for permanent
financing. As we discussed the Bank of Colorado does not carry long term mortgages internally,but sell
them to investors.
The investors that we use will typically finance acreages of between 5 to 10 acres maximum and will
determine the acreage by the legal description of the property,as recorded in the county clerk and
recorders office.
If you have any additional questions,please telephone me.
Sincerely,
g.
R. Allan Wahlborg
Assistant Vice President
615 Fourth Street
P.O.Box 228
t. EXHIBIT Fort Lupton,Colorado 80621-0228
Metr (3031 7.eaAX51 FAX(3031 857-1640
Metro 534-2716
Affiliate of Pinnacle Bancorp
MfIP `/9f3
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March 14, 1999
To the Board of Weld County Commissioners:
This letter is on behalf of the Wilsons, who purchased the Suckla farm in 1996. the Wilsons
have done a good job of getting the place in production --keeping the weeds down and raising a
good crop. They are trying to make a go of a family farm, and there is no reason they should not
he able to deed parcels off to their kids who want to live there, too. I have been looking for a
place to buy for myself, and there just aren't any. If you want Weld County to stay in farming,
help the people who want to farm to get started.
My family farmed their place on Road 19 for Frank Suckla since 1975. During that time we had
numerous occasions of contact with Tom and Diana Spurling, who lived across the road_
Spurlings criticized and nit-picked everything we ever did. They never offered to help in
difficulties, only gave smart-ass comments like "if you want it done, do it yourself"
1 believe Mr. Spurling had a drinking problem. Mrs. Spurling could cuss like a trooper, and
coming from a woman her mouth was really disgusting.
They were always bad mouthing other people behind their backs, and caused a lot of trouble for
our family and many others in the neighborhood. Please do not let the Spurlings' comments
influence your decision against a decent family that wants to farm.
Sincerely,
_ , y
Scott Hamilton
EXHIBIT
March 16, 1999
To the Board of Weld County Commissioners:
This letter is written on behalf of Richard and Elizabeth Wilson, who purchased the farm at
6707 WCR 19 from Frank Suckla in January 1996. I farmed that property for Frank Suckla for
26 or 27 years, so I am well acquainted with it. I am also well acquainted with Tom and Diana
Spurling, who live across the street. I wish I could be there to say this face to face, but I am an
over-the- road truck driver and have to leave on a run today.
The Wilsons have done a good job of farming it since they took it over. Their first wheat crop
was better than mine was last year-mine blew out and theirs looked great, so they must be doing
something right. I am by there often and I have never seen a problem with the weeds.
There was a lot of equipment on the place, like the mix mill and the pivot sprinkler, which
hadn't been used for years, so they had some catching up to do there. It is obvious that they have
put a lot of time and money into the farm, and have made a lot of improvements.
As for Spurlings, I can't think of one positive thing to say about them. In all the years they lived
across the street, never a year went by when they didn't do something to make life difficult for
us, for no good reason. They were neighborhood activists for their own purposes, minding
everybody's business but their own. They complained about everthing, never had a good thing
to say about anyone, and they had to stick their noses into everything. They even have a
telescope in their front window for watching the neighbors.
They would never help if we had livestock get out- in fact one time Diana came out when we
were rounding up some bulls and scared them off in the opposite direction. Another time, I took
a tractor over and put out a fire in their field, saving their wheat crop. They never even said
thank you. After that,they were as hateful as ever. Nothing ever suited them.
They should have no influence to stop the Wilsons from the proposals they have presented,
which are well within the county's guidelines and will have a positive, stabilizing effect on the
area. I have met their boys, and they all seem like real nice kids-decent and helpful. We need to
help more young people get started if we want farming to survive.
Before the Spurlings go minding everyone else's business, they should sweep off their own
doorstep. They could start by looking into the falling down building on their own property if
they want to improve the area. In summary, they are the worst neighbors in the world.
Thank you,
Fred Hamil n ) (4___--
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C DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX(970)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
' 1400 N. 17TH AVENUE
C_ GREELEY, COLORADO 80631
COLORADO February 24, 1999
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions #RE-2425, RE-2426, SE-757 and COC for Accessory to Farm
Dear Commissioners:
Richard and Elizabeth Wilson have requested the aforementioned applications located in Section
33, T2N, R67W of the 6th P.M. The subject parcels are located west of and adjecent to WCR 19;
approximately 180 feet south of WCR 16 and approximately 180 feet east of WCR 17. The parcels
of land in question are designated as prime, prime if irrigated and other land by the USDA.
Staff is requesting that the Board of County Commissioners review these applications due to staff
concerns, past history which includes the Board of County Commissioners' denial of ZPAD-79 and
concerns expressed by the City of Dacono as well as surrounding property owners.
1. RE-2425 in conjunction with SE-757
The City of Dacono indicated in a referral response received February 10, 1999 that RE-
2425 does not comply with their Comprehensive Plan. Staff has the following concerns
pertaining to RE-2425 and SE-757:
A. The applicant discussed this application for recorded exemption in conjunction with
a subdivision exemption on the eastern 88 acre parcel with the Department of
Planning staff prior to submitting these applications, however, the application
materials do not reflect staffs recommended configuration. RE-2425 in conjunction
witn SE-757 proposes to create Lot A which would include ZPAD-67 and MHP-498.
The applicant has indicated that the accessory dwelling on Lot A will be justified as
the occupants will be employed at a proposed greenhouse on Lot A. The application
materials also propose that the two older homes be located on the SE lot, leaving Lot
B as a vacant building site. Staff had directed the applicant to separate the two older
homes, one being on the SE lot and the other being located on Lot B (please see
letter dated December 1, 1998 from Scott Ballstadt, Planner). This would essentially
address the issue of multiple houses on one lot and would not create a new building
site. Should the applicant amend the application materials to reconfigure the SE lot,
staff would recommend approval with the attached conditions.
REt yd5 /SC- 757
RE-2425, RE-2426, SE-757 and COC for Accessory to Farm
Page 2
2. RE-2426
The City of Dacono indicated in a referral response received February 10, 1999 that RE-
2426 does not comply with their Comprehensive Plan. Staff has the following concerns
pertaining to RE-2426:
A. This recorded exemption application on the western 100 acres proposes to create
a 20 acre Lot A in the northwest portion of the site, approximately 180 feet from the
intersection of WCRs 16 and 17. Staff has concerns that the potential cumulative
number of residences created, if all of these applications are approved, would total
eight without utilizing the PUD process. Section 2.21 of the Weld County
Subdivision Ordinance and Section 10.1 of the Weld County Zoning Ordinance
define Urban Scale Development as "developments exceeding five (5) lots...".
A.Goal 7 of the Weld County Comprehensive Plan strives to "Protect agricultural
land from encroachment by those urban uses which hinder the operational efficiency
and productivity of the agricultural uses." However, the applicants have indicated
that they plan to submit a minor subdivision on the 20 acre parcel if RE-2426 is
approved.
3. Certificate of Compliance for Accessory to the Farm
A. Based upon information supplied by the applicant, the Department of Planning
Services and County Attorneys Office determined in October that the approximate
41 acre parcel located south of the FRICO ditch is a separate, legal parcel (please
see letter dated October 6, 1998). The applicant then proceeded to obtain building
permits and moved a stick-built structure onto the parcel. The Certificate of
Compliance proposes an Accessory to the Farm mobile home to be placed on this
parcel as well. The 41 acre parcel is currently in grass and does not contain •
livestock. Due to the low intensity of the farming operation on the 41 acre parcel,
staff has concerns that an Accessory to the Farm mobile home may riot be justified
in accordance with Section 43.2.3.1.1 which states, "The MOBILE HOME will be
occupied by persons principally employed at or engaged in the operation of the USE
where the MOBILE HOME is located..." as well as "...the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject
property."
The Department of Planning Services' staff requests that the Board of County Commissioners
consider the application and determine if the standards of Section 11 of the Weld County
Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County
Comprehensive Plan.
Respectfully submitted,
:,tip 1,6t
Scott Ballstadt
Planner
cc: Richard and Elizabeth Wilson
Monica Daniels-Mika, Planning Director
Weld County Attorneys
c:\apps\re\wilson
DEPARTMENT OF PLANNING SERVICES
ip PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
C: WELD COUN t COLORADO
INISTRATIVE OFFICES
1400 N. 17TH
VENUE
GREELEY,
COLORADO
February 24, 1999
Richard & Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Recorded Exemptions #RE-2425, RE-2426, SE-757 and COC for Accessory to Farm being
located in part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Mr. & Mrs. Wilson:
This letter is to inlorm you that the recorded exemption application referenced above has been
reviewed by the Department of Planning Services and staff recomends that these applications
be heard by the Board of County Commissioners. This application is scheduled before the
Board of County Commissioners on Wednesday, March 17, 1999 at 9:00 a.m. The Board of
County Commissioners meet at the Centennial Center located at 915 10th Street, on the first
floor.
Enclosed please find a copy of the staff recommendation to the Board of County
Commissioners. Also enclosed is a copy of potential conditions of approval should the request
be approved.
Please call me if you have any questions or require further information.
Sincerely,
o . Cipar9Q5;
allstadt
Planner
pc: Recorded Exemptions #RE-2425, RE-2426, SE-757 files
990527
'=PARTMENT OF PLANNING SERVICES
Weld Count/Admir _.,ative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 - Fax#(970) 352-6312 (( n 1
APPLICATION FOR RECORDED EXEMPTION o Q ikL
�y l 2C- -
Application Fee / �� (� Receipt Number 0 3 I�� Case Number a'-12,5
Recording Fee eceipt Number Zoning District
Application Checked By Planner Assigned to Case �lefn 1.oi int
di Lao bete k— eta Y>kxrrling Dept.
TO BE COMPLETED BY APPLICANT: (Print or type only exc for required signatures). ate
I (we), the undersigned hereby request that the following described property be designater4tracallcggg
exemption byte Weld County Board of County Commissioners. Per++
Legal Description: Ni �f 33 d d e 6,2 Ai Total Acreage: 3-rd- in ya+
Parcel Number 13 1 j 3 3 0 0 0 0 3 6 (12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
Has this property beer divided from or had divided from it any other property since August 30, 1972?
Yes No < a. C.t.'4- p4- C o i ,)e-.7 C---,n 0_-°-s
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes_ No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No X ; Airport: Yes_ No X; Geological Hazard: Yes_ No X
FEE OWNERS OF PROPERTY
X33-0707
Name: Ric/-,a.4 L &e'2.�.ii, A (-di IC a, Home Phone(30 s), Work Phone# -tea---C-
Address: k101 wet i4 City/State/Zip Code Y T c-7,,'- & P6L - /
Applicant or Authorized Agent: L-2//e-a—&-,43., ,a— 7,-///s,„ Phone# 3.2 - ,?3_3 - 0 7 0 7
Address: S�rnc_ -e---A0 --c_ City/State/Zip Code
Name: Home Phone# Work Phone#_
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption 's
LjG i W.v•._ tt< 1 Water Source e^6✓(J� 4, . _�GiJ Gr/ /
Type of Sewer ,C - _ 7
/ `
Proposed Use �y a ) /V ` 0�
Acreage d 7 L/ f/- 6 -7 4 (n - 7 A �/ 3 y 1
Existing Dwellings ./ �_L
Yes or No / o lJ`-S II 4--g
Existing Dwellings Adcress (if applicable):
Larger Parcel Smaller Parcel Lo 1067 4- L T o2 7
Smaller Parcel (applicable only for 3-lot Recorded Exemption) /i'7 w7 - L 74 7
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to
the best of my knowledge.
Rev: 1-27-97 Signature: Owner or Authorized Agent
0W0tC
5
RECORDED EXEMPTION QUESTIONAIRE
ITEMS REQUIRED FOR SUBMITTAL
1. A water supply statement. The statement will include evidence that a water supply of sufficient quality, quantity, and
dependability will be available to serve the two proposed lots. A letter from a water district, municipality, or a well
permit are examples of evidence for domestic use. The water supply statement should also contain the type and
quantity of irrigation water available to the site, if applicable.
2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance
with the requirements of the underlying zone district and the Weld County Health Department.
3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the
description shall include approximate acreage of prime and nonprirne farmland as defined in the Weld County
Comprehensive Plan,number and types of livestock and any existing improveme ich as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditcr 3. and oil well production facilities
on the property.
4. The reason for the proposed recorded exemption with an explanation how each lot wiii be used.
5. A description of the location, size, and present use of the area where the proposed new lot will be created.
6. The following note shall be placed on the plat: All proposed or existing.structures will or do meet minimum setback
and offset requirements for the zone district in which the property is located.
7. A statement explaining that the proposal is consistent with any adopted municipal plan, and any intergovernmental
agreement(s), if applicable.
8. A statement explaining how the proposed uses will be compatible with existing surrounding land uses.
9. A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed
in the Weld County Zoning ordinance, as amended, and the Weld County Comprehensive Plan.
10. A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld
County Subdivision Ordinance, Section 1.3; as defined below:
Assist orderly and integrated development.
Promote the health, safety, and general welfare of the residents of the County.
Ensure conformance of land subdivision plans with the public improvement plans of the County and its
various municipalities.
Ensure coordination with public municipal improvement plans and programs.
Encourage well-planned subdivisions by establishing adequate standards for design and improvement.
Safeguard the interest of the public, the homeowner, and the subdivider.
- Securing equitable handling of all subdivision plans by providing uniform procedures and standards.
Preventing loss and injury from fire in wooded terrain.
Preserve agricultural land and promote its most productive agrarian use.
- Ensure irrigation water currently associated with a farm or rural unit of land will be retained for agricultural
uses.
- Preserve natural vegetation and cover and promote the natural beauty of the County.
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water.
Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control
projects.
Restrict or regulate building in flood hazard overlay district areas, shoreland, areas covered by poor soils or
in areas poorly suited for building or construction.
Prevent loss and injury from land slides, mud flows, and other geologic hazards.
Provide adequate space for future development of schools and parks to serve the population.
8
WI LSoP) - �e� - �
RECORDED EXEMPTION QUESTIONNAIRE
L WATER SUPPLY
a. Domestic IJse: Property has one domestic tap serving original houses 6707 and 6727,
which would be on the Subdivision Exemption. A second tap serves the accessory dwellings at
6747 and 6767, which would be together as principal dwelling(6767)and accessory dwelling to
farm(6747)on the proposed Recorded Exemption. A new tap would serve the new main
farmhouse, to be constructed on the larger remaining parcel.
b. Irrigation Water: The Wilsons own one share of FRICO Standley Lake water, with a
typical allotment of 6-7 Acre feet per year. Owning one share allows the Wilsons to rent water
from other shareholders on an as available basis. Historically, more of the acreage was irrigated
by the previous owner and tenant, who owned more water. Only two shares remained with the
farm at the time of the Wilsons' purchase, and one share remains with this parcel now. Wilsons
have a lease back agreement on one share for three years, and are on the rental list of the
municipalities to rent as much water as is available on a year to year basis. Any available water
will continue to be us,d to irrigate the alfalfa field now in place, as well as the wheat and millet.
Two wells which date back to the original farmhouses, are also in use for yard irrigation and
livestock watering.
2. SEWAGE DISPOSAL
Each existing dwelling has its own septic system. A new septic permit application would
be made to the Department of Health for the proposed new main house. Any new construction
would be subject to site approval, but the lots easily accommodate the 2.5 Acre minimum lot
size, and the ground here has traditionally been well within percolation standards.
3. CURRENT USE
The property is currently being used as a family farming operation, a use which we hope
and intend to continue. The parcel is in the Agricultural Zone District, and at one time much of
it was prime farmland as described in the Weld County Comprehensive Plan. At present, one
share of FRICO Standley irrigation water provides between 6-7 Acre feet per year, minus
shrinkage. That amount will flood irrigate approximately 6 or 7 Acres of hay, or other more
intense use on a small parcel. If and when additional irrigation water is available, more of the
land is irrigated that year, but the land is considered non-prime. The balance of the land has
been used for dryland wheat, grass, and millet.
At present the Wilsons have a small herd of natural-fed cattle, which they plan to expand
as repairs and improvements continue. The property was a feedlot at one time, and on the
proposed Subdivision Exemption parcel there are corrals, barn, sheds, shop, scale, grain bins,
and silo, as well as the original main house and a small second home. The Wilsons also are
raising free-range chickens, herbs, and have a small herd of domestic elk which they may move
1....1/trot -1e£ - a
to the main parcel. They are also in the process of being having certified organic their wheat and
hay. Organic farming endeavors are more labor intensive, so the proximity of interested workers
is most crucial to the ongoing success of this operation.
On the proposed Recorded Exemption parcel, there are a stick built house, and a double-
wide mobile home which has been used as an accessory dwelling to the farm since 1980. The
Wilsons have also purchased a greenhouse, which will be erected on this parcel, and will require
the extra labor from the persons in the mobile home.
The proposed Subdivision Exemption parcel is bounded on the South by a concrete
irrigation ditch. There is a smaller distribution ditch of dirt and concrete which flows from the
main ditch around the hayfield on the largest remaining parcel. Neither the proposed
Subdivision exemption parcel nor the proposed Recorded Exemption parcel are currently
irrigated. The total acreage on this parcel is approximately 90 acres before the SE and RE are
subtracted. Contiguous parcels of approximately 40 acres to the south and 110 acres to the west
are also owned by the applicants.
There are several oil and gas wells, and storage tanks on the property, but not on either
of the proposed Exemption parcels. The property is bounded on the North by a strip of land with
towers and power lines belonging to Public Service Co. of Colorado. Wilsons have obtained two
easements for use from this parcel onto WCR 16 through the Public Service property.
4. REASON FOR PROPOSED RECORDED EXEMPTION
The Wilsons are requesting the proposed Recorded Exemption, along with the
Subdivision Exemption in an effort to provide housing for the family members who would like
to remain in the family farming operation. As the family is growing up and marrying, the sons
and daughters need homes of their own. These parcels will allow them to have ownership of
their own homes, while still being part of the family farming operation. The essential use of all
the parcels will remain agricultural. This use is in keeping with the Weld County
Comprehensive Plan.
5. LOCATION, SIZE, PRESENT USE
The Subdivision Exemption parcel will be approximately 7 Acres. The proposed
Recorded Exemption parcel, approximately 6 Acres. The remaining parcel will be about 77
Acres. They are located in the northeast quarter of Section 33, T2N,R67W on WCR 19, south
of the intersection of WCR 16, south of the concrete irrigation ditch. Main structures
(dwellings)are already in place, existing use will not change.
6. SETBACKS
All new and existing structures should meet the minimum setback requirements: they
will use and/or share existing access roads. Additional access easements (two on this parcel)
have been obtained from Public Service Co.
l.,9i6 Sir)- .ei - 3
7. USE CONSISTENT WITH IGAs
The proposal is consistent with municipal plans of nearest towns and any applicable
intergovernmental agreements: this plan maintains and strengthens existing agricultural usage.
8. CONSISTENT WITH EXISTING SURROUNDING LAND USE
The agricultural use is not changing, and will continue to be compatible with
surrounding properties which are also primarily agricultural.
9. CONSISTENT WITH INTENT OF AGRICULTURAL ZONE DISTRICT
This proposed Subdivision Exemption and Recorded Exemption will leave existing
structures and land use unchanged,but it will give permanence to what is now a"temporary"
stick built house- a use no longer allowed. It will continue the historic and desirable agricultural
use of the land, while providing grown members of the family an opportunity to own their own
home and remain part of the family farm operation. It will allow several women to continue to
earn a living at home while caring for their own children, it will allow a family farm operation to
increase its financial base and expand its operation, contribute to the community and the
economy.
CONSISTENT WITH WELD COUNTY COMPREHENSIVE PLAN
The proposal is consistent with the Weld County Comprehensive Plan because it reserves
the historical, Agricultural use of the property, strengthens the sense of community, provides
jobs and tax base for the county, uses existing structures at their highest and best use, and
promotes continuity of a family farm.
10. CONSISTENT WITH EFFICIENT AND ORDERLY DEVELOPMENT
The proposed plan is consistent with the efficient and orderly development of Weld
County. It uses existing structures, roads, utilities and makes maximum use of farmland. It
promotes stability in the community by providing the opportunity for family members to
continue ownership in, and develop new endeavors within, the family farm. It incorporates
reasonable and orderly residential development on the parts of the land least suited to
agricultural uses.
a
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY
OF COLORADO, a Colorado corporation, whose address is 1225 Seventeenth
Street, Denver; Colorado 80202 (Grantor), for the sum of Five Hundred Dollars
($500.00) and other good and valuable consideration in hand paid, does hereby
grant, bargain, sell and convey to Richard L. Wilson, whose address is 6767 WCR
19, Ft. Lupton. Colorado 80621, (Grantee), its successors and assigns, a non-
exclusive easement to construct, maintain, alter, repair, replace, reconstruct,
inspect, operate and remove a four (4) access roads, together with related
appurtenances on, over, under and across the following described premises
located in the County of Weld, State of Colorado, to wit:
The North 180.00 feet of and the West 180.00 feet of the North Y of
Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado. Subject to existing county roads.
This grant of easement is subject to the following conditions:
1 . The use of the premises shall be for above stated purposes only. No buildings,
structures, signs or wells shall be erected, placed or permitted to remain on the
premises.
2. Grantor reserves the right to place utility facilities in, under, over and across
said Easement which do not interfere with Grantee's use of the premises.
3. Grantor shall, at all times, have the right of access by a reasonable route to the
Easement and along and upon the same for the operation and maintenance of
its utility facilities.
4. The easement herein granted is subject to the lien of Grantor's Indenture, and
to its termination by the Indenture Trustee upon the occurrence of an event of
default under the Indenture.
5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold
Grantor harmless from and against all claims and liability for damages, loss or
expense caused by any injury or death to any person or damage to property if
the same shall in any way be connected with or result of the exercise by
Grantee of the rights granted herein, or the existence, operation, use or
maintenance of the roadway herein permitted.
6. This Easement is issued subject to any prior licenses, easements, or leases
granted by Grantor for facilities of other parties.
7. In case of the permanent abandonment of this Easement, all right, privilege and
interest herein granted shall end, cease and terminate.
8. Grantee and its agents, employees, and contractors shall comply with all
Federal, State and local hazardous materials laws including but not limited to
the Comprehensive Environmental Response, Compensation and Liability Act,
the Resource Conservation and Recovery Act, the Solid Waste Disposal Act
and Sections 25-15-101 , et. seq., 25-16-101 , et. seq., 25-07-101 , et. seq.,
and 25-8-101 , et., seq. of the Colorado Revised Statutes. Grantee shall not
use, generate, store or dispose of any hazardous substance on, under or about
the premises except in full compliance with any applicable hazardous materials
laws. If the presence of hazardous substances arises out of Grantee's use or
occupancy of the premises, Grantee shall be responsible for all actions, legal or
administrative proceedings, demands, claims, judgments, damages, penalties,
fines, costs, liabilities, or expenses including, but not limited to personal injury,
property damage, diminution in property values and remediation of
contamination.
9. Each of the four new access roads is to be installed no closer than fifty (50)
feet to any electric transmission tower. Written approval from PSCo is required
prior to any removal or addition of soil along the ROW.
EXECUTED this 15 day of _,1,5.
PUBLIC SERVICE C MP NY OF COLORADO
� h
By: B. assMansgsr
Sang&Land Rights,Now Century SeMeee
Title: Ufa Pubic Seneca Company of Cdaada
STATE OF COLORADO
)ss.
CITY AND CCUNTY OF DENVERth
The foregoing i trument was acknowledged before me thisday t��»us,
Mitt , L490 by efloc As 6 as A
vti��t /ANA /1/4c- ers for Public Service Company of Colo d
UMW M. s
My Commission expiresI4Y°3mmissicaExPiresMardinan KNOWLTON_
Witness my hand and official seal. �; .•••••••• p�
OF COL
Notary P is
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, Colorado
Phone: (970)358-4000, Ext. 3750
1. Applicant Name Ls,z a4.../(4), /.n)i/s,n phone 3o3 - GSs- 0 7 0 2
Address /v 7O V G✓GrC . 4 City ft #joy State Zip �aC-z/
2. Address or location of access /1'/ - 7 S2 /, jz, Al 0 ,/ ,-z. u,5 &Ut >L. ,n s'.'O ' Al
Section 33 Township cR,-) Range 4 u-1
Subdivision ,d/e9 Block Lot
Weld County Road# / q Side of Road v/ N S E of W)
Distance from IL number of intersecting road 3 /s'- a—e.-.-e_.,,,, ,, 3<„Z 4,-,a.>
`,/-tom:, z s. 4.., ,i7ru� lJ....... .
3. Is there an existing axess to the property? Yes No #of accesses
4. Site Sketch: w /,v v
. \ 4' � . C'
; v"HT .
X'[ C£s'S ICoa'i3
wee a
'v^ 1� -- �G� so /,? 60 S
.2) ,0
—/°°le-s/ -ft'
5. Proposed use: / 24,o ' S
)C Permanent x Residential/Agricultural Industrial A/ /l
_ Temporary _ Commercial _ Subdivision — Other /
3r'a< / 7 rn -5-
OFFICE USE ONLY 1 fir,,o /1.-
Road _ADT Date Accidents Date
Road ADT Date Accidents Date so 2 re-
aryza
Drainage Requirement: Culvert Size Length
Other Comments: la-/-
0 /_,
Installation authorized _ Information insufficient -flrK ASet,
G.}cZ/6
Special Conditions
Reviewed by: Title:
11
aWel
CENTRAL WELD COUNTY WATER DISTRICT
August 5, 1998
Richard L. &Elizabeth A. Wilson
6707 Weld Co. Rd. 19
Ft. Lupton, CO 80621
RE: Water Service
Dear Mr. &Mrs. Wilson:
This letter is in response to your request for water service to serve the following property described
as follows:
Part of N''/2 of Section 33,Township 2 North,Range 67 West of the 6th P.M., Weld County,
Colorado.
Water service can he made available to the above described property. Submitted herewith is the
cost for two (2) 5/8" Taps on Weld Co. Rd. 19 between 14 & 16.
Tap fee- 2-5/8" @$5,100.00 $10,200.00
Rebate 2 @ $2,000.00 4.000.00
TOTAL DUE $14,200.00
The above quoted fee is good thru August 24th, thereafter the Tap fee will increase by $2,000.00. •
Before proceeding with the meter sets, the above "Total Due" will have to be paid in advance, and
the appropriate documentation completed for the application for water service. The District
requires a 30 day notice for a tap installation. This property has been petitioned into Northern
Colorado Water Conservancy District.
If you have any questions regarding the above,please contact this office.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
J W. Za eneral Manager
JWZ/Is
2235 2nd Avenue • Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager
DEPARTMENT OF HEALTH
1517 16 AVENUE COURT
iiGREELEY. COLORADO 81331
O , LOAN APPROVAL ADMINISTRATION (970)353-0586
HEALTH PROTECTION (970) 353-0635
COMMUNITY HEALTH (970) 353-0639
COLORADO FAX (970)356-4966
CLOSING DATE: 12/15/95 REQUEST NO: 95-146/1724
FAX FEE ($2.00) : N/A DATE RECEIVED: 11/28/95
NEW LOAN PEE $90.00: 11/28/95
TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage
disposal system for an existing dwelling:
SEND TO: Greg Zadel REALTOR NO. : (303) 833-3012
P.O. Box 90 OWNIit NO. : 857-4282 (H)
PICK-UP: Firestone, Colorado 80520 OWNER NO. : (W)
FAX TO: FAX NO.: (303) 833-3054
INFORMATION: Address: 6747 WCR 19, Fort Lupton, Colorado Age of Septic: 1970
Legal: PT: NE4 _ PT: SEC: 33 TWN: 02 N RNG: 67 W
Subdivision: N/F, LOT: BLK: FLG:
Property Owner:_Suckle Farms Original Owner: Same
Tank Pumped on:_ 11/16/95 By: Carlson Sanitation Service Licensed: Yes
PERMIT ON RECORD: Name: Suckla Farms, Inc. Permit No. : G-700624 S.O.E. : No
Bathrooms: 2 Bedrooms: 4 Total Acres: 24 Date of Final Inspection: 01/18/71
Water Supply: Central Weld Well Permit No. : N/A
Tank Capacity: 1000 gallons Field Size: 660 Square feet
INSPECTION FINDINGS: Date of Inspection: 12/04/95
Soil Conditions: Dry xxx Saturated Snow-covered
Residence: Occupied xxx _ Vacant
Sewage Disposal System: Satisfactory xxx Other
Bacteriological Water Test: Acceptable xxx Other
COMMENTS: Field extends north of fence line. �y{
DATE: 12/07/95 SIGNATURE: `'l,h(A�,J)CC Vl"l
Environmental Protection Specialist
Neither the County of Weld, nor any of its agents or employees undertake or assume any
liability to the owner of the above property, to any purchaser of the above property or to
any lending agency making a loan on the above property in connection with either its
examination of the property or in the report.
This inspection was ccnducted solely for the purpose of detecting health hazards
observable at the time of inspection, and does not constitute a warranty that the system
is without flaw or that it will continue to function in the future. Inspections requested
during periods of snow cover and high soil saturc�tirn may be of questionable value to
potential buyers due to adverse conditions. Water sample reports reflect the
bacteriological quality of the water supply at the time the sample was taken. Evaluations
based on Statements of Existing (S.O.E. ) relies on information the property owner
provides, under oath, indicating current status of the system and representing to the best
of his/her knowledge the system is not failing to function properly:
QI 1' a��
4
�)N' p02notT(/
CERTIFICATE OF CONVEYANCES WELD COUNTY 1l
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Security Title Guaranty TITLE INSURANCE or ABSTRACT COMPANY hereby certifies
that it has made a careful search of its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
Part of the North Half of Section 33, Township 2 North, Range 67 West of the 6th
P.M. , County of Weld, State of Colorado
•
CONVEYANCES(if none appear, so state):
Reception No. 2471670 ,Book 1527
Reception No. 1512809. ,Book 591
Reception No. 1512808 ,Book 591
Reception No. 1512807 Book 591
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate Is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and
the liability of Security Title Guaranty COMPANY, is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, _ Security Title Guaranty COMPANY, has caused this certificate to
be signed by its proper officer this 14th day of January , 19 99 , at 8:00 a.m..
SECURITY TITLE GUARANTY CO.
1100 10th St,#302
Greeley,CO 80631
Company
By. (/Mt
Autho ed Signature
1 M E i1 WYARRAaN'T% 1*1.J r — --
c L 6 ,. rut mamma
i. :.7 Ina Ma Mob its ith de r/ Jwnr.asy tr .b
dtlleant man I ramie, Ivr,. a f'Ie l Alen t err...re tt..a
walk
I :
•wrpawal&iv wyaeMl ad rime win Si b'OOn11rrltt a w.w 11 or.
asa at Dolan n.k' •'441'tint rm.wl n1•lena.l L.
L1 Waleson and illsebeth A. Wilson
tl} ether heel IOW.ft ♦107 *Oil r y nand 19. Pnrt Lupton. Culotado t0b21
of County of Weld .and Mute of Co lot ado ,ol the seeteal pan'
1YITNFSSETH.That the utd paty al the'till part lx and in consideration ii!'le.an al THRRF Hl1NPREL1 h IF'rY
SHa1=ANA AND NC/100
C _ . .-. -.
__ IRH I.ARS,CS ASO,1000.00 1
1 to it in hand paid Ay the mid partret of the aco e nd part.the tieile ilia o hi mil hrehy ronle'n,..l u.d it lime.ledpx grun l,ha, lnl.
t�
haguneJ, old and conveyed.and by there pnvron tile.punt.hwg.ru.,•ell,toilet, and u uJbnl,unto the •axl IuUln•r of lit
v` wend part not ui tenancy in mums but In joint Squatty.thr menet, .'t ikon.their usa.;nn sad the heir and uanpna rll loch
.ureiae tinter,all the followingrk.ulletl Infiniti partkihd land.•malt.long and tent an the county of Weld
,aid State of Cnh•rndo.to wit
4-
‘----1 liee Exhibit "A"
2471670
1527 01/12/96
PO 1 OP 2 MC DOC •
7 - CO Clerk 1 6n
11.00 35.00
Cr
also known by aeon adnunwa u a7... ... .. • . . , r , .In n.in allAn
C
TM:ETTHER with all and vegnla the hnJoa'renty and tin;a!rt..u.:c•threnno,bel.'ngo.g,or in anywmc "pertaining.and
41 the mecesi•n rid,rsmt ne.tnnarojet aht:elnetden.tent Pet4- Led pntin.Ulerc•I.NS1 Ai the Olen:.4k tele. Larva..
elaun and tklnaM'alnleat'Tr or the.ad patty or the hr.l oat rohc• ....a.e.kin:.,.!.u:ar.d 1•.the Sleep•hxgs.•nl rynnrr
r./) •I� with tre hnalamxats v.1 ntnaax. !
1/4;)
I TO H MILDIVE ANTI To MILD mid rws..., syn.,. *p"r- . .I auJ J.,.r.4J ar n t ...ary.otrna.r..a91.,the. •u'.•.0:
-3 tee..-.d pot the onto t•of gra these romp-and the heat.n.!auLLa of ant ma trr Utterer And the sad ratty the;at
* rat L sna Met a its ee....cc sad a..tph Joe.nnrrrag ',nett.\thaw.:and agree i.aril alb the.aid!rites of the teeotto
M peel the.e ant of berm Nen r+.e Si tea ban d aura nn alt.crow.Out at the race of the ma-alai and debrm I
V of thin fwesu.wit well.rant el As ream at..er.....map....4.p••,wr.reea t..t..4.*and bwu•:•fi nta'e•i
mbene tan.e a law.et le w.t ad ha.pad neat tell pan Si bw(el manna a pm lapis sin and avert the me a.
1 mater and fen.>.e.iwt s J sou n....se se hie aW des tree 4 lames and•abn pan.team.sale..law.taam
sr) aea.asa.ae abaoaa d rratrataa of wkaavea tad it eater ew.tr naps fa oar.fn.Ow aaareal a:-e,slits Mt
em at i.rsad pa ism..me:men,mamma,an.an.m. % o`ares sal itsnlesf•..ar.t smolt R wr dtemer.ing
nn1 arts mania!
t•aece.tca ply GTiy Ca.[ 10[ •nti .tar{n{• Fri„ .faa]•Arita •nap rid
id Je C
endq�.ci a1r;.tn.ajiatat 711ye >19 of ll I the w cr I t LLLh EE{raa f F t
err r`fr"FteYnngrtillI �a {,e„Tni >;�-'ion ! tL p • t 1 0 [so rn.�i. �'ur.j
a t r a.e�ry �Y4k. 34414}uotrlitrSK41 .. era In
bee Swat d Se•Lein al s..3w..!Saab re.as..aa a as ma awes ream... wren ea a f
ram i.leea.a.a..ea w ba1.M IS
e►ar.r at gm boael.shall Si alter AKR.ANr A711•Hll[l YFR 11F}}tgl
The mats twat abet Male Ss pia 4 an pin d an a..:.. e.i rr. .a...4 n.ssal.:Mal n artemi k le all ro et.
IN a1TIhL�I a IItklflt. be.al vn .i the rest rat Es.:aaw:' It. ,..!.n..' roe,I.M r+.re. .-rwa!reel eve
.•?resident . Na.;0....n"a4 eta >•h ten:- .';ac. Stet,;h s.
'Sr Via,Apia-a fns afvee arum
:
}1 -t..1(1
`t1 Vie:T,r •.:. .
alter!. !
Erl t i : i
__e.._uA]Ta. wadi •, 'tlat., - . .i..SCl_ Il
-,': 1 Fr . eaati.T.a. free 1:1.-ar ''Aicf,.C. ir-rl:.a. Serreinir
Ile►nsw.aa.eeas a.a-t'. lf.J balm aea.. am a...: .eaa le Ye .as
Flank J. Stall.. as Dissident and Ldith C. owM-a a. St tt:ata v: 5,...1.1 Lam.
_Au... A Cvivrado torpa•r at too
to "4<�y�-�c'��"-rarer.- atn..• . :•-r'! / /�Jf //�/ L l// I hill
-T) //t�
t !harp a.l.il.ra:rd &Vila a. . (il`�l /l.l{.ctat_ I
�t Al ..4a rah..
'.
,.
P
' 2471670 8-1527 11-268 ('1/12/96 03:08P PG 2 OF 2
•
Exhibit "A" ... F
The h :il ul :teal Inn it 7:ewnnl.io 7 Moth. RAMP? 67 W.ul nl Ihu '--
bth V N. except the North leu' And eA<vpl the we.t 1Nh' nni al.o
except pail nt the Nut'..hwunl ()natter 1NW1/4) at ract ten !1, Tnwnuhlp :1
North. nano hi Weet s,. the utit • .tl.. County of Weld. !late ot Cvlvtady,
being deecrlbe,l an.
Beginning at the W1/e corner of said Section JJ: tbele - Nv[th
8l'23'd5' rant on an anaumed beating along the East-Wert centerline of maid
Section •J, a dlstan of 18U.01 feet to the True Point of Beginning: thence
North 00.00'00' Cast p'eatlel to the West line of rata Nnrthwent
Quarter of Section 33 n,J along
the East R.0.W. Line of a leo.00 foot R.O.W. tot Pub;:r lun:,•nhy, •t
it stance of 1500,00 feet: thence North 89':3 '45' East pata l:el wtth sigh
Cast-West Centerline .t Setti ',. 13, a distance o: 91S.0u feet ; thence South
JS'41'19' East. a distance of 1416.40 feet: tuer:e South 00'00'09' Neat
razallel with said West line of the Northwest :;s of Section 33, n dintnnt-e of
299.86 feet to a point on sand East-West Centel i:ne of Sect ton 51: thence Frntth
89'23.4S' west along said Cast-West Centerline +f t-ection Jr. a distance of
100.00 feet to the True Point of Beginning,
County of weld,
Slate of Colorado
Together with the rnitoetnp Weter Rtehtw: •
I ,antral Weld Count) Wetter District weer raps and 1 Missive of Stanley tertiatlwo
nd all water, wa.:.r rights, duct.. dlt.h tights. sarLA*. settee eight., 'storage
rights, well permits. r.aervuir. and raicn'ir rights appurtenant to lbw Abr+ve—
dtscrlbed real property.
�f.
1
u r-
rl k 1.4 ...... '1 nail tY.. .. It.4LZr:,jytS..:...:.sI.G
1rii.o . '• .`.*' ^• r.r 1512809'I +� HllI1<�t _ �e Unit r.r.
awe S
AI I
1 • ti1U1$ newo n2L aada this � day,of January, 1968, by and
P between Lllasbsth lr, es-IsogirIz of'the Estate of Irving T. F
ILudlow„ also known e/ Irving Ludlov eod.;u Y. T. -Ludlow, dedeceased, r
Grantor, and.9,nthla Pares, Inc., • corporation organised and stating
j
,, under and by :virtue of the lams of the State of Colorado, Grantee:
Iv~. WITI4tS8lIH THAT, WRINGS, Crantor.ir..CM aualifiad Executrix
I ,'lundar the Last Will and Testament of the sbof-aeaf4 decadent, which..
.no was admitted to probate on January 30, 1967, by the.Distriot;Court..-
in and for the County of Boulder, State of.Colorado..latatsJo. 11374;
and - - -
•
e WHREA3, Article lour of said Last Will and Testament
O provides in part as follan:
ARTICLE rw
1 APnQIRARRt.a atoms . .
I hereby nominate, ocnstitute.and.appoint ay,wife, Elisabeth
T .•Lu¢low,.aa.bucutrisof this,.ay.last Will..and_Testimsnt.
ill tIljpveet o$ has. failure, refusal or inability:to perform,
I nominate, constitute and appoint The Longmont national lank,
heretoHi, Color do, to serve in,har-stead. Ic party.named
au the
faithful perfornas1of 1� o rs i duties seen*
ie. as sreCto garnish bond to uch
h legal
repressntativa.
* * *
I further expressly direct that my legal representative shall
• have the gas powers u have been granted to the Trustees
under the terms and provisions of the' IEVIBC 2. LUDLOW TRUST.
Such powers shall be ssarcisable ,►y my legal representative
without the necessity of application to the Court.
e e &
j AND Article Sight (Gemmel Powers and Duties of the Trustees) of the
Irving T. Ludlow Trost dated Remember 19, 1962, as amended by First
Amendment to Declaration of•Trust of Irving T. Ludlow dated October 13,
1964, provides in part as toildwa:
ARTICLE EICHT
nut POWERS AID DUTIES OF THE TauSTEES
To the extent the ,seme do not conflict with the General
Lastrusttoos sod Limitations detailed in Article Seven, my
Trustees shall possess as to the trust estate created or
provided for by this trust the following additional powers
and.duties:
i Spcticn 1-t. To take full charge and control of the I i a
property o the trust estates; to possess, manage, control, K p,y ,i
9 sell, transfer, monism. grant, convey, exchange, lease, rent,
.I
•
30Octi_
•
•
• 1
�t591 . . . . T...' 15oi38'809 ,
aeon, mortgage, pledge, or otherwise encumber or
�- dieo,9C,.X14•°3,!1i.,a 4.4- x.01-tM„(�st:atatee,, t
�wrm
,�� 1gYjq.ft9 / �q.1 ) Eilue LMratoe.
!tut es fee!eq►r}t! of the lift or duration of the trust,
•
they, �or.thopbortie yt,+atha.:trwt:ee .
}o4w7toAs•,,�P awl tpsJ' 5,�
1 ins tberSf
• bt t�tsa"p°e!Nt7,,. er. .°a:w ��..te,.�t:
might
vortiseciinarrelationn them iff it were's thaf'�
ir own.
•
. U
EOW, TEERCEE, pursuant to the rimer contained in said Will,
aad fora vilpabiaf,c nst¢sratiop,:receipt of which is hereby acknowledged,
ti19..tt ae5oy:.doNM;batpby.,asi1 1pd m,ave .tmto.rte;9n0n49,..ouqps$M� Passe,
Iss,,iclta Sue0406Wt ,.}°d.,adslina;totevor, ail5rl (44, 4i,,,tLtie, t
end laiatCof r s)N•asid,.lrvipE ;„-7 S0.1ot.,alto. 44,
. .
aid es I.'T. UMW,' u if sold or conveyed by hiY derma ttli foe,-.-. In and to the following-described real estate situate, lying and being
in the County of Meld and State of Colorado, to-wits
• La.4pdi *d.d one-fourth (1/4) taticest in.and.to:
. This Ngo;t4,tilt.( )) ,of,•Secpioo, tairty tb*ym (33)' , „ .
,fini. West 6th 6 P.M., toget err with aalll'dit�ch and
:;{' water rights appertaining to said praises; except
• .81k:dements, encumbrances and r 1ghG-of-ray of
record aad•pncpt for that certain parch coed
to Pub ri Servtoa.,C099flo f Co oraaeepc by„tia4
Octob r:24w 1966, *aoption.Eo. 1496279„sogk Xq:.,,S74.
TO 8$Z r4S TO ini.D 71D1'S/f, with all the (4 oas
s thorsunto bflgog3pg, or *maim, appaarfslntng, to;Stbhoe „we, benefit
and bsbpg&.of the*piid•Grantee, its.succsusors she ail(kps
' . . F; except easements and rights-of-way of record; and asmpt'all general
tams and assessments for •1968 ppaarfable d 1 1969• and exc t almond
reservation in W'*& Deed recorded-Hay 15, 1891, in look 97 at Pagealmond 490.
IE WII'ELSS amnia, the said *cantor, as Isncutrist of said
Estate as aforesaid, has hereunto set her hand and seal the day and
_, year first hereinabove pritten.
of the Estate of.Itving T. Ludlow,
also known as Irving,Ludlow and as
I. T. Ludlow,..decaued.
milt OF COLORADO, • )
Si.
CT= An COVET w, )
• D ;IA foregoing instrument was acknowledged before me this dg
, 1968, by Elierketh,T. Ludlow as Esscutriss of the
T. Ludlow, also known'as Irving Ludlow and as
e dowse& 10l::r. 43
�,tia Wand and offioi 1 seal•L • `- � Eotarf'Pwblic
I
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e
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+. Oahe - I.
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Y
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1n Sing e.tr SS'S.,.t he Is et the•SSW CO .
n et On seed r s : t
^' WITIMSIBIllt LI w rid met et w sr mit he'^ OTHER MOO AND VALUABLE CONSIDERATION AID TEN /r r.-weir r w .— .r
-r ,. rIv em piety twat (j1ed�) DOLUIS
ibe nett Sat
_7 Net pet it
.. rim Spa. aka•t••rb,4 be• leer&rmw4 so Ind e j.r ar Orr PS tea r
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toned e d Sew et pang t De suet ma Is••••••••••NS Sipe a...r,
et e el OBEs r laddsodr.4+•'r••44 td bans w
and suer it os.s,,r.t,
' ril
An undivided one-half (1/2) interest in and to:
The North Half (N}) of Section thirty-three (33) in
S Township Two (2), North, Range Sixty-seven (67)
Nest of the 6th T.M. together with all ditch and
water rights appertaining to said premises; except
all easements, encumbrances and rights-of-way of
record; at.t except for that certain
to Public Service parcel conveyed
Company of Colorado by Deed
recorded October 24, 1966, Reception No. 1496279,
look No. 5741 and except mineral reservation in UPRR
Deed recorded May 13, 1891, in gook 97 at Page 490.
Borneo eM m W.rare w sr.aroreY at-sneer aims Miss of is mess nw.+tes la w-veer.W swim sear:r I.rrra er,r..r plods Sweet; ell
w.wee.n ,Itae.kink IreWe.Wcrew.tDeMI sect •w see pa reShe
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See rear
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her df , herb a iselore.r•a•r elects tee eV su.4 r.er W
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e Moil dem el
Ire is she was wit.it it w ear.a...e,es4.it et,le.sit.r at
grey Sea.r..m , , .. e r I.. r Sei SS.r IS seed-lee.tell r betel a t*le
see es w eerW term ash
r sal r we the as w se r Is De
.1 ass is M ere.ism lase. W.
lase.ser ,..b....
st Maw bled or Son
mew, Except for all general taxes and assessments for 1905 payable
January 1, 1969; and Except for all easements and rights-of-way
t of record.
n
sees.r.rlee..erM.Y w See es sett peedee it w e.t pee t w sadpert Se
e•eL w at sly ma.ae pee tar wuaaar meowest gess or sad Ste s w.s,r r 4 M
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li , W.t wee at pet an ,,,�w are pin era e.r..r et r Mt
SS,SS W Deist r the T...it ''' Ledo . C
MSC .
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Silt ante• IMAMRan o►oux.O&ADO,
CITY & o.�r t Kilna a
load TM
.t4 eng `WO HMI se t January
and SS IdFr L...Cr' ffith, formerly known as Ida Prances Griffit
es ?
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nh•l pal l ,
•
w11l�`Y� i� TieMs tM" if dl!sal ,am rock Ld p!ee( d;_at tM+'S!,;
?, other sou, and ialuable consideration and TIM (610.00)'
a bOsadd patty d Ss the Mock paid 4 Ye W ad la hal p pert Os perk Os
• o nods coos!Po kerb sde=d ssbeldel,M a pa= ail d
• sad b etas pa—ar IA, auq d soaks S. S. sail party d
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.l Set dais,Oo d M1y Ya. O,aq d Veld d
' 1N d OWNS Melt,
'" {A� It=
I: An undivided one-fourth (1/4) interest in and to:
C The Borth Half (0I) of Section Thirty-three (33) in
'7
. ":. Township Two (2), North, Range Sixty-seven (67)
Nest of the 6th P.M., together with all ditch and
' ...�, rates tiytcs app•ruininE to taa..d'praiaoa; •tweet
' ''; all wesaraea, ettouocbrancu and rijhu-ot-rq o!
uti%` record; and esoepe tar chat certain parcel opereyed
U. to Public Service Coapaay o! Colorado by bend
., r•oortlad October 24, 1966, Eeoepcion Ib: 1496279,
, Boo& No. 374; and except mineral reservation in twit
Deed recorded May 15, 1891, in Book 97'at Page 490. •
1Sii:'
at t'
l :Arlen
with.n M+tom*Js Wltraw d r..ar ki4ea•Y at•1.
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or I T.His d re Halt O.add p,a Awn inipbd d deeOwq eta S.
=area= Buckle Para, Inc., e
i tie add pony dos rcd pork its =aces=
Ines d daa Dan
AS W sad The Lonsoont National Bank, Trustee,
a 1���pwp pet y d Wnt E park tar it Sr its /eucg i « •
/ I W alton• p•k bog=d spa is dW d e tks l rely d Os
mad pat.it. / 7EW Erl wawa w des dnyiIpa r gale al pen=Ss dpen= •
poreess d d party sibs goad part its /-"""Blind ocdps,i sl s8 d O
' ono Mani poirasetilly=Sag or is Asia is=doe=part tied W.ask s scar ity Id=E a
IM a sera pars is Ova sorr SND IOWA"Das aam.
IR MI NS WOOD,TM sidparty at tie Se part Mrs=at its i
i=aid r die d paEarl Am o
de THE �. •,: . aW t6J (o
t .
Li
' .l a Cashier ■ rat. . ' (ILL)
,'Jatst TB 07 COLORADO,
'""""'r Oaaq d boulder lla
'.:. nC �. the• ink ding January
'.�a 1. M•7•t as pea dint and. woman u
Z t t ona Bade, a IIo i
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a win...
Ih It. enlist. eaaaISR a - lhOSA.q.w1aMiliaaY..tasYY,Y
•
1 d.
REFERRAL LIST
NAME: Richard and Elizabeth Wilson CASE NUMBER: RE-2425
REFERRALS SENT: February 2, 1999 REFERRALS TO BE RECEIVED BY: February 23, 1999
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office _X_Dacono
Sheriffs Office Eaton
Public Works:_X_Don Carroll_X Ron Broda Erie
Housing Authority Evans
Airport Authority _X Firestone
Building Inspection _Fort Lupton
_X 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
Division of Wildlife: LaSalle
West of 1-25(Loveland) Lochbuie
East of 1-25(Greeley; Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
_Ault F-1 New Raymer
_Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 _Pierce
Eaton F-4 Platteville
_X Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
_ La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
Central Colo.Water Conservancy Dist. Greeley
_X Public Svc. _X Longmont
_X School District RE-8 West Adams
Ginny Shaw(MUD)
_X Ditch Company Stanley Lateral/Bull Canal COMMISSION/BOARD MEMBER
Weld County Referral
O February 2, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature
Agency Date
❖Weld County Plann ng Dept. +1400 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)352-6312 fax
tfnati"H
DEPARTMENT OF PLANNING SERVICES
tWeld County Administrative Offices
1400 N. 17th Avenue
\ Greeley, CO 80631
Phone(970) 353-6100, Ext. 3540
Fax(970) 352-6312
COLORADO
February 2, 1999
Richard and Elizabeth Wilson
6707 WCR 19
Ft. Lupton, CO 80621
Subject: RE-2425 - Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Wilson:
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 Dacono, Firestone, and Frederick Planning Commission for their review and comments. It is
recommended that you and/or a representative be in attendance at the Dacono, Firestone, and Frederick
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application. Please call City of Dacono at 303-833-2317; Town of Firestone at 303-833-3291; and Town
of Frederick at 303-833-2388, for further details regarding the date, time, and place of these meetings.
If you have any questions concerning this matter, please call me.
Sincerely,
Scott Ballstadt
Planner
Weld County Referral
WIIDc:.
February 2, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Li We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature pko,1/41.,, a•ec
Agency _f- n—TYPS Date
+Weld County Planning Dept. +1400 N. 17th Ave.Greeley, CO.80631 4(970)353-6100 ext.3540 +(970)352-6312 fax
n.
tt
\ Weld County Planning Dept.
flan1^'� J Weld County Referral
WI1DcFEB 19% "
:
RECEIVED February 2, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wiser
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
a-- We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments.
Signature_
Agency ,_ z₹7 Cc-- . Date
4•Weld County Piing Dept. •:1400 N. 17th Ave. Greeley, CO. 80631 {•(970)353-6100 ext.3540 4,(970)352-6312 fax
ll ,e ‘t,
weld County Planning DipIteld County Referral
O� FEB 10 1999 February 2, 1999
COLORADO cart-" ED
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑,, /We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
l7 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature —�- � �� LMT e9 r C-27
Agency _2-----7 .-24,2O ATief" „ay Date
4A/Veld County Planning Dept. ?1400 N. 17th Ave.Greeley,CO. 80631 4(970)353-6100 ext.3540 +(970)352-6312 fax
it,;(44un
MEMORANDUM
III1D
TO: Scott Ballstadt, Planner DATE: February 9, 1999
C! FROM: Donald Carroll, Engineering Administrator et
COLORADO SUBJECT:SUBJECT: RE-2425; Richard and Elizabeth Wilson
The Weld County Public: Works Department has reviewed this proposal; the following requirements are .
recommended to be a party of any approval:
COMMENTS:
WCR 19 is designated on the Transportation Plan Map as a collector status road which requires 80 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. 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.
REQUIREMENTS:
The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted. (Lots A &
B)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted. (Lot C)
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
cc: RE-2425
plan14
Weld County,Planning Dept.
FEB 15 1999
RECEIVED
. RECEIVED
FEB 0 3 1999
PUBLIC WORKS DEPT
ii cltttlit,
J Weld County Referral
►
O Weld County Pldnhing Dept. February 2, 1999
P' 15 1999
COLORADO FEBFEEB �w^ ``9, ^
The Weld County Department of Plant�in 'Se.C6 Ia�1FeEiD the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
4 See attached letter.
Comments:
Signature (01420 VW�ID 'EP _ 9_ C<c;
Agency Risitk. ti) Date
•:•Weld County Planning Dept. 41400 N. 17th Ave.Greeley,CO. 80631 •)(970)353-6100 ext.3540 4(970)352-6312 fax
WELD COUNTYROAD ACCESS INFORMATION SHEET
Weld County Public Warts Department
933 North 11th Avenue, P.O. Box 758,Greeley, Colorado
Phone: (970)358-4000, Ext 3750
1. Applicant Name E.%i tat-4.4", /0//Sir., phone 303- /ASS- 0 7 0 2
Address /r Zo;r we,t e 4 City Ft- �y�- State C. Zip 704,2-/
2. Address or location of access Aft 7 -Q e-11-/ ,/Ai ,..h.j4 ; >44 5'a 0 ' A./Section O 33 Township /-Z,✓ Range G 7 tU
Subdivision ,r//A Block Lot
Weld County Road* / 9 MOO Road N✓ N S E nt e
Distance from &number of intersecting road 3 /r" -_._, P-020,-,2
,.-< t s.-°-/�- ti �a_,.s,4
3. Is there an existing access to the property? Yes No #of accesses
4. Site Sketch: _ I — — .,i`�
/43 •�V \Sr. E S ��►-e___
pG_j 71"bi, It,- a,o G/e6� or e-e.EST 0Qn..
7 _ /ado es
ney0A.,„
hpezi4
�J Arc,
rc e s<-.1 -1-‘
5. Proposed use: coini / 2a o '' --
X Permanent X.Residential/Agricultural Industrial 7 67 4,_/C.-/e /I
_ Temporary _ Commercial _ Subdivision _ Other "f
3 J°'' e / 7 Sze
OFFICE USE ONLY ® � /G
/ ive
Road I q _ADT 874 Date 19 5'Lo Accidents 7 Date a
Road I(a _ADT 151 Date 19 ch, Accidents Date L,,,,S a a
Drainage Requirement Culvert Size Length
Other Comments:
_ Installation authorized _ Information Insufficient n °pS
4-., c.c.)GC/‘
Special Conditions au A<CEDSE f /)C F F10:714.144 1 .(/O 7401.)177c)114C,
4 C,
Reviewed by: Title:
11
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�.� g.
MEMORANDUM
WI I TO: S<ott Ballstadt DATE:February 11, 1999
C. rfi
FROM: Sheble McConnellogue, Health Department
•
COLORADO SUBJECT: Wilson, Richard & Elizabeth
CASE: RE - 2425
Environmental Protection Services has reviewed this proposal; the following conditions are recommended
to be part of any approval:
1. A Weld County S.ptic Permit is required for the proposed home septic system(s)and shall he installed
according to the Weld County Individual Sewage Disposal Regulations.
sm/264
Weld County Planning Dept.
FEB 15 1999
RECEIVED
FEB-05-99 FRI 09:20 RI1 FRI{ NO. P. 01
4[� • 41 777 �.
910 4 4
41:" \r Weld County Planning Dept.
Weld. Count Referral
FEB 05 1299
February 2, 1999
1111€r RECEIVED
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N, RCM'of the 6th P.M.,Weld County, Colorado.
Location West of and adjacent to WCR 19 and sodth of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated v.!ith the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
U See attached letter .
Comments:
{, -t r l tftt 7),- "er (3- ►x--) .
I Lao,- ___A\ .�r..c,A.o .► vw-v.ia 4t fit -Abu, ..,____
tht.A v. J v v1 la-e,C`w D h. Qw"--eJ w.t W(� t..i m' a A— h 34 � -LkA
Ma y\htoA tie % .Rrt..� (& ArgeMut'r O019 `S cr\
Agency . F a ACCD Cn59 73-7 _ Date
4 Weld County Planning Dept. 61400 N. 17th Ave- Greeley,CO.8063 I ^(970)353-6100 ext.3540 +(970)352-6312 tax
02/05/99 09:21 TX/RX N0.4417 P.001 li
02/18/99 08:46 CITY OF DfaCONO 3 19703526312 NO.037 1702
fit ivis•
J Weld County Referral
VJIJ9ci1 February 2, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2425
Wilson
Please Reply By February 23, 1999 Planner Scott 0allstadt
Project - Recorded Exemption on 88 acres used in conjunction with SE-757
Legal Part of the N2 of Section 33, T2N. R87W of the 6th P.M., Weld County. Colorado.
Location _West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may he
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
gl We have reviewed the request and find that it See/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter
Comments:
Signature St, / ^ �, p7
Agency f � org(1pe .c.c/ Date
+Weld County Planning Dept. 01400 N. 17th .Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)3526312 fax
02/18/99 08:57 TX/RX NO.4557 P.002
NtGi
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax (970) 352.6312
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING PARTMENT USE ONLY:
Application Fee d St c't Receipt Number O31 T-6 Case Number SC'257
Recording Fee_ Receipt Number Zoning District
Application Checked By Planner Assigned to Ca
�u sg Dept.
TO BE COMPLETED BY APPLICANT: (Print or type o except for required signatures):.
TYPE OF EXEMPTIQN REQUESTED (check onel JAN 2 U 1999
Property line adjustment Used with Rec� l �e Z I VED
Financing purposes _ Public utility facility
I (we), the undersigned hereby request that the following described property be exempted from the definition
of the terms "subdiv sion" or "subdivided land" in accordance with Section 11.11 of the Weld County
Subdivision Ordinance by the Weld County Board of County Commissioners.
Legal description: ti) i , !J DchaSection 3 3 T 1 N, R W of the 6th P.M.,
Weld County, Colorado.
Total Acreage g f/�^ F7PP'- L° £_ r G R SE--
Has this property been divided from or had divided from it any other property since August 30, 1972?
e.7sL
Yes No
five. e.L`) M. uo
FEE OWNERS OF PROPERTY: /11- .`11'""
Name: Rick w-.-d L rzw1icri, A (AL Lon
Address: 19-1 07 1. }c-1E 11 i S Soy 4 Fab 2, Phone 3o.i - 833 - 0.7x27
Name:
Address: Phone
I hereby depose and slate under the penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
Signature: Owner or Authorized Agent
Rev: 10-21-97
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REFERRAL LIST
NAME: [Applicants Name] CASE NUMBER: SE-757
REFERRALS SENT: February 3, 1999 REFERRALS TO BE RECEIVED BY: February 23, 1999
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
Public Works:_X_Don Carroll Ron Broda 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
Division of Wildlife: LaSalle
_West of 1-25 (Lovelanc) Lochbuie
East of 1-25 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-1E Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
Central Cob.Water Conservancy Dist. Greeley
Panhandle Eastern Pipe Line Co. Longmont
School District_ West Adams
Ginny Shaw(MUD)
Ditch Company COMMISSION/BOARD MEMBER
tiry•ne, ‘„,
Weld County Referral
O February 3, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Wilson Case Number SE-757
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Subdivision Exemption used in conjunction with RE-2425.
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16.
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached le ter.
Comments:
Signature Date
Agency
+Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)352-6312 fax
Weld County Referral
#0,1(1—tM41"141il �
WIhJD€
February 3, 1999
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Wilson Case Number SE-757
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Subdivision Exemption used in conjunction with RE-2425.
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16.
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U/We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
4� We have reviewed the request and find no conflicts with our interests.
U See attached letter
Comments:
Signature �I )nkt� ,a Date a . a 99
Agency rte-et-13fs
•Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)352-6312 fax
cltit>.
alga MEMORANDUM
' TO: Scott Ballstadt, Planner DATE: February 9, 1999
C, FROM: Donald Carroll, Engineering Administrator 191'
COLORADO• SUBJECT: SE-757; Richard and Elizabeth Wilson
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 19 is designated on the Transportation Plan Map as a collector status road which requires 80 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. 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.
REQUIREMENTS:
The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted.
cc: SE-757
planl8
Weld County Planning Dept.
FEB 15 1999
RECEIVED
•
RECEIVED
FEB 0 9 1999
PUBLIC WELD DEPT
(T•sysili4r,
� Weld County Referral
Weld County Planningatisittiary 3, 1999
COLORADO FEB 15 1999
RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Wilson Case Number SE-757
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Subdivision Exemption used in conjunction with RE-2425.
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16.
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideratior to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature �y
,�i-�� Date y,_
Agency .AILG.C tL. ,o-a
•:Weld County Planning Capt. +1400 N. 17th Ave.Greeley, CO. 80631 t(970)353-6100 ext.3540 +(970)352-6312 fax
gift kp\
MEMORANDUM
II I TO: Scott Ballstadt ATE:February 11, 1999
. FROM: Sheble McConnellogue D , Health Department
COLORADO SUBJECT: Wilson, Richard & Elizabeth
CASE: SE - 757
Environmental Protection Services has reviewed this proposal;the following conditions are recommended
to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.
sm/263
Weld County Planning Dept.
FEB 15 1999
RECEIVED
DEPARTMENT ERVICES
RECORDED EXEMPTION
COLORADO
Applicant: Richard & Elizabeth Wilson Case Number: RE-2425
Legal Description: Part of the N1/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO.
Parcel Identification Number: 1311 33 000036
Lot C Size: n/a Lot B Size: 74 +/_acres Lot A Size: 7 +/-acres
Water Source: Central Weld County Water District Sewer Source: Septic System
Approved with Conditions
This Recorded Exemption is approved with the following conditions:
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 (I.S.D.S.) regulations.
2. WCR 19 is designated on the Transportation Plan Map as a collector status road which requires 80 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way.
3. The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted. (Lots A
& SE Lot) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural
operation. No additional accesses shall be granted. (Lot B)
4. Prior to recording the plat:
A. The applicant shall submit a deed which has been recorded with the Weld County Clerk and Recorder for
the subject 88 acres to the Department of Planning Services.
• B. A total of 40 feet of right-of-way reservation from the centerline of Weld County Road 19 for future
expansion of Weld County Road 19 shall be delineated on the plat.
C. A 30-foot wide joint access easement extending across Lot A from Weld County Road 19, for the benefit
of Lots A, B and the SE Lot, shall be clearly shown on the plat. The joint access easement shall be
dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County
Subdivision Ordinance.
D. The applicant shall submit evidence to the Department of Planning Services that the FRICO Ditch has been
contacted ,and attempts have been made to meet the ditch company requirements.
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 gone district in which the property is located. 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.
RE-2425 Wilson
Page 2
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) SE-757 was approved in conjunction with this recorded exemption for the purpose of dividing off a
second set of existing improvements from the parcel.
4) The Board of County Commissioners support this recorded exemption application, however,
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) Prio- to the release of building permits on Lot A or B, the applicant will be required to submit a
recorded deed describing the lot upon which the building permit is requested with the building permit
application. The legal description on such deed shall include the lot and recorded exemption
number.
6) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a
result of the proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds.
7) In accordance with Section 43.2.3.4 of the Weld County Zoning Ordinance, all zoning permits for
mobile homes as accessory farm uses are temporary and are subject to review annually on the
anniversary of the original permit's issuance. The applicant shall submit evidence to the Department
of Planning Services verifying that the occupant of the mobile home for temporary accessory farm
use is principally employed at or engaged in the farming operation on the subject property, in
accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist
of tax records, employment agreements or other documentation as determined suitable by the
Department of Planning Services. Failure to submit the required documentation may result in
cessation of the allowance of the mobile home for temporary accessory farm use.
5. The applicant shal 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
Kit a
ma DEPARTMENTSUBDIVISION EXEMPTION
RVICES
COLORADO ADMINISTRATIVE REVIEW
Applicant: Richard and Elizabeth Wilson j Case Number: SE-757
Request: Subdivision Exemption in conjunction with RE-2425
Legal Description: Part of the N1/2 of Section 33, T2N, R67W
Parcel Number: 1:311 33 000036 a
Criteria Checklist
Meets Criteria
Yes No NA
X In those instances when used pursuant to Section 11.14.2 of the Weld County Subdivision
Ordinance, the request is the best alternative to dispose of existing improvements in conjunction
with the companion Recorded Exemption.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of the county. The Board of County Commissioners have determined through its review that the standards of Section
11.17 of the Weld Count/ Subdivision Ordinance have been met.
1. A Weld Couny septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat, the applicant shall:
A 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 in which the property is located.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) RE-2425 was approved in conjunction with this subdivision exemption for the purpose of
dividing off a second set of existing improvements from the parcel.
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 11.15.9 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.
•
Ii`,P C DEPARTMENT OF PLANNING RECORDED EXEMPTION
SERVICES
COLORADO
Applicant: Richard & Elizabeth Wilson Case Number: RE-2426
Legal Description: Part of the N1/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO.
Parcel Identification Number: 1311 33 000036
Lot C Size: n/a Lot B Size: 80 +/-acres Lot A Size: 20 +/-acres
Water Source: Central Weld County Water District Sewer Source: Septic System
Approved with Conditions
This Recorded Exemption is approved with the following conditions:
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 (I.S.D.S.) regulations.
2. WCRs 16 and 17 are designated on the Transportation Plan Map as local gravel roads which require 60 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. These roads are maintained by Weld
County.
3. Pursuant to Ordinance 169A, oil and gas, and ditch roads that are necessary for your agricultural operation No
additional accesses shall be granted The applicant shall contact the oil and gas or ditch owner to obtain. in
writing, permission to utilize their access road for a residential access. (Lots A and B)
4. Prior to recording the plat:
A. The applicant shall submit a deed which has been recorded with the Weld County Clerk and Recorder for
the subject 100 acres to the Department of Planning Services.
B. The followirg 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 zDne district in which the property is located. 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
3) The Board of County Commissioners support this recorded exemption application, however.
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.
4) Prior to the release of building permits on Lot A or B, the applicant will be required to submit a
recorded deed describing the lot upon which the building permit is requested with the building permit
application. The legal description on such deed shall include the lot and recorded exemption
number.
RE-2426 Wilson
Page 2
5) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a
result of the proposed development, the applidant/landowner shall be responsible for controlling the
noxious weeds.
6) Prior to the release of building permits on Lot A or B, the applicant shall submit evidence to the
Department of Planning Services that the lot has an adequate water supply of sufficient quality,
quantity and dependability.
5. 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.
rs t-6-;>DL
DEPARTMENT OF PLANNING SERVICES
111111
PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
e; WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 22, 1999
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
The Department of Planning Services has received your applications for two Recorded
Exemptions (RE), Subdivision Exemption (SE) and Certificate of Compliance for an Accessory to
the Farm mobile home.
I have not yet assigned a case number to your cases as I am giving you the opportunity to revise
your Recorded Exemption in conjunction with Subdivision application so that the SE parcel and
Lot B of the RE each include a stick-built home as a principal dwelling. I have discussed this at
length with you, documenting such in my letter of December 1, 1998 (please see attached). I am
giving you this opportunity to revise the application as staff will have strong concerns with the
application as proposed which may result in a recommendation of denial to the Board of County
Commissioners. Section 31.2.1 of the Weld County Zoning Ordinance allows for one (1) single
family dwelling unit per legal lot as a use by right.
Additionally, adequate documentation that the occupant of the mobile home will be principally
employed on the farm was not submitted with the Certificate of Compliance. The Weld County
Zoning Ordinance requires documentation which substantiates the use of accessory farm
dwellings as follows:
43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged
in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of
the mobile home shall be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner by the first of each year for review and
acceptance by the Department of Planning Services verifying that the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject property. The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY
ACCESSORY Farm USE.
Elizabeth Wilson
Page 2
Please notify me of your intention to either revise the current application or proceed as
proposed. If I do not hear from you by February 5, 1999 I will proceed as you have currently
proposed, which may result in denial of the application. Please call me if you have any
questions.
Sincerely,
Scott Ballstadt
Planner
cc: property research file
Monica Daniels-Mika, Director
Bruce Barker, Attorney
end: letter dated December 1, 1999
•
(it
. DEPARTMENT OF PLANNING SERVICES
111111
PHONE (970)353-6100, EXT.3559
FAX (970) 352-6312
Gre
WELD COUNTY REDMI� TIVE OFFICES
I 1400 N.17T COLORADO
COLORADO
December 1, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I
discussed your proposed recorded exemption and subdivision exemption configuration with staff
and it was confirmed that only one residence would be allowed on the SE lot as I informed you
during our conversation Ib3-\)4)
There are currently four residences on the property including a principal residence and
accessory structures permitted through MHP-498, ZPAD-67 andlitzia The configuration
which you propose indicates that the principal dwelling and accessory mobile home will be
located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will
be vacant.
Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right,
therefore staff has determined that the SE parcel shall contain one of the older stick-built homes
and the other shall be located on Lot B as the principal dwelling. You have indicated that you
will submit the appropriate documentation to justify the accessory mobile home on Lot A in
accordance with Section 43 2 3 1 1
Please adjust your recorded exemption and subdivision applications accordingly prior to
submittal. Please call me if you have any questions.
Sincerely,
9cAg--C3A_QseK,-- \N)
Scott Ballstadt
Planner II
cc property research file
Certified Mail # Z 1. 11 357 351 6767 WCR 19
Ft. Lupton, Colorado 80621
December31, 1998
Scott Ballstadt, Planner II Weld County Planning Dept.
Weld County Planning Department
1400 N. 17th Avenue
Greeley,Colorado 810631 JAN 1 3 1999
altiartIVED
Dear Mr. Ballstadt:
We received your letter concerning the documentation for our accessory dwellings. 1 am
enclosing the requested documentation, under protest, first because you are well aware from our
conversations and from previously existing documentation, that the people living here are
primarily engaged in this farming operation. Secondly, because it was only "required" after our
telephone conversation when I told you that the Recorded Exemption and Subdivision
Exemption proposals, as you stated Planning would like to see them, are of absolutely no
advantage to us. Finally, the documentation for accessory dwellings has never been "required"
from this farm before, since 1980,and is not required currently from all other farmers who have
accessory dwellings on their properties. This fact was verified in a telephone conversation with
Bruce Barker on December 16, 1998, shortly after your letter arrived.
You told me also in the telephone conversation referenced in your letter that Planning would
have"concerns" if we applied for a Recorded exemption on the 40* acre parcel created by the
irrigation ditch, which has been in existence since 1915,but which Planning only recently
acknowledged. These "concerns"would be that we are trying to circumvent the Subdivision
regulations, even though Planning knows that is not the case. The first two houses have been
here over 50 years. In 1980, the mobile home accessory dwelling was added. Since then, only
one house has been added to each of two parcels which total 240 Acres!
Planning has further assurance that we are not trying to circumvent the subdivision requirements,
since a minor subdivision on the proposed recorded exemption parcel was one option we
discussed,but which Planning did not approve. Last year's planner, Todd Hodges, suggested
that we put in a minor subdivision on this site. Planning objected to an additional accessory
dwelling at that time, even though stick built accessory dwellings were then allowed by the
Ordinance. A similar stick built accessory,Z-PAD 69, had in fact been approved the previous
year by the Planning Department,under the same Ordinance. In 1995, when we first contacted
them, the Planning Department told us to apply for each accessory dwelling separately, then in
1996, when we applied for the second,asked why we hadn't applied for both together.
Every Z-PAD prior to ours had been approved, with very little documentation required,
including multiple stick built and mobile combinations(sec Z-PAD 77, spring of 1997). Every
other farmer got what they said they needed, without having to prove anything,even in large
multiples(see Z-PADS for Philip Anschutz at Equus and for National Hog Farms). Accessory
dwellings on farms have ALWAYS been approved, based on the farmers' assessments of their
needs. If you would like further documentation, see George Baxter's comments on the transcript
of the April 30, 1997 hearing before the Weld County Commissioners regarding Z-PAD- 79.
In addition, you and I have discussed the possibility of a minor subdivision in the northwest
corner of our property-an option you said Planning staff tentatively approves. This again
illustrates Planning's awareness that we are not attempting to circumvent any regulation, but
rather trying to find a way to accomplish our farm's goals that is agreeable to the current group
of planners. Since the Ordinance is written with the intention of allowing people these
exemption uses of their property,we believe Planning should attempt to assist people to use the
process as written, rather than looking for some interpretation that precludes it. That individual
interpretation and assignment of intent leads to inconsistency and unfairness and makes the
process burdensome and oppressive. That is not the intent of the Ordinance.
Attempting to force us into a land division which will increase our taxes, give us awkward
parcels, leave us with an older,660 square foot dwelling as the main house on the 80+ Acre
main parcel, and not ;give us even one additional building site is an abuse of the process Planning
is supposed to be consistently and fairly implementing in Weld County.
Our intent is now, and has always been, to provide suitable housing on this family farm for our
young adult children, who want to continue the agricultural business we have started, and to
raise their families in the country. We have made numerous, varied and ongoing attempts to
work with Weld County to that end.
We have had numerous letters and calls to Planning and other Weld County government offices
go ignored and unanswered. We have been subjected to confusing and conflicting suggestions
from different planners. We have been subjected to public humiliation, harassed by unfounded
"complaints" investigations, and have been prohibited from a right and reasonable use of our
property that was legal and allowed under the ordinances all along, all under color of law.
Planning's arbitrary and capricious interpretation of the Weld County Zoning Ordinance and the
process of implememing it has further resulted in a substantial loss of opportunity and income
for us. We were hindered from getting our agricultural business up and running as we had
planned,because some of the people who are crucial to the operation were prevented from living
on site. We have had a groundless, time-consuming, expensive —both to us and the taxpayers of
Weld County— lawsuit filed against us and then dismissed by Weld County, even though we had
changed nothing. We were prevented from accessing our own assets for necessary capital
expenditures by the accompanying!is pendens. Weld County needs to realize the impact of its
decisions on citizens, and to be held accountable for the damage whimsical and inconsistent
interpretation and application of the written regulations causes.
The Zoning Ordinance and Subdivision Ordinance claim to support agriculture, but in practice,
agriculture is discouraged, and expensive,tax revenue producing development projects are
promoted instead. The ordinances should be plainly written,easily understood, consistently
applied,and staff should work WITH the citizen who is trying to use his property in a right and
reasonable manner, rather that looking for a"concern"that is not part of the ordinance.
Our Recorded Exemption and Subdivision Exemption proposals use existing improvements and
divide the land in a reasonable and orderly fashion,within the intent of existing criteria. The
proposed subdivision exemption keeps the original two homes on one parcel,and keeps the
existing agricultural improvements-barn, shop,corrals, granary,etc.-intact. Your proposal would
be difficult to implement within the setbacks, without forfeiting usable existing structures.
Your letter states that there is no"NCU" file for the second house, which was built long before
there was a Planning Department. Since it is not on record as a non-conforming use, and since ,
according to the Zoning Ordinance created about 1972, each house must be on its own parcel,
then it must already be on its own separate parcel,just like the 40 acres south of the ditch. That
40 Acres has also been a separate parcel since long before the Manning Department existed,
even though the panxl was only recently acknowledged by the department. Putting it on its own
parcel would certainly solve the problem of whether the second house should go on the
Subdivision Exemption or on the main parcel. We will be glad to have the parcel surveyed and
duly recorded, as we are now doing with the land south of the ditch.
There are numerous public records available to you if you wish to research a construction date
for the second house. It certainly precedes the Planning Department. Please provide us with
your statutory and regulatory authority for asking us to provide "evidence". The apparently
questionable state of record keeping in Weld County, and the planners' confusion over what has
already occurred, as evidenced by your earlier letter, is not for the citizens to rectify,but rather
something that should be dealt with within the Planning Department.
We have made repeated and ongoing good faith efforts over the last three years to accomplish a
reasonable goal-provide suitable housing for workers on this farm-while working within the
guidelines and intent of the Weld County Zoning Ordinance. We intend to continue toward our
goal,and we need clear, concise, consistent direction concerning what avenues are open to us
and what the requirements are for each one, something which we have not been given to date.
Expecting citizens to apply for projects that fall within the guidelines of the Zoning Ordinance
only to be turned down on a capricious and arbitrary interpretation of the ordinances and their
"intent" is a flagrant violation of our rights to substantive and procedural due process. We have
already documented a litany of offenses against our civil rights during the course of doing
business with Weld County government, and we intend to pursue whatever legal means are
available to us to protect and defend ourselves and our property.
Sincerely, '
cc: Bruce Barker
Monica Daniels-Mika
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld )
1, James Enos Dowd, being of lawful age and being first duly sworn,
state as follows:
I That I am principally engaged in the family fanning operation at this location
2.. That I live at 6747 WCR 19, Ft. Lupton, Colorado 80621.
Subscribed and sworn to me this AT _day of December, 1998.
My commission expires: /O 7—c:90(491 ..
_. a t7�
i t
�� �� Q
• , eir Public [`
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld
I, Elizabeth Wilson, being of lawful age and being first duly sworn, state
as follows:
1. That I am principally engaged in the family farming operation at this location.
2. That I live at 6767 WCR 19, Fort Lupton, Colorado, 80621.
._t , a ru,
Subscribed and sworn to me this 9 day of December, 1998.
My commission expires: 0 - l c[ -3,O O a
o Public
Certified Mail (' 7. I I 1357 351 6767 WCR 19
Ft. Lupton, Colorado 80621
December 3I, 1998
Scott Ballstadt, Planner II Weld County Planning Dept.
Weld County Planning Department
1400 N. 17th Avenue JAN 0 4 1999
Greeley, Colorado 80631
RECEIVED
Dear Mr. Ballstadt:
We received your letter concerning the documentation for our accessory dwellings. I am
enclosing the requested documentation, under protest, first because you are well aware from our
conversations and from previously existing documentation, that the people living here are
primarily engaged in this fanning operation. Secondly, because it was only "required" after our
telephone conversation when I told you that the Recorded Exemption and Subdivision
Exemption proposals, as you stated Planning would like to see them, are of absolutely no
advantage to us. Finally, the documentation for accessory dwellings has never been "required"
from this farm before, since 1980, and is not required currently from all other farmers who have
accessory dwellings on their properties. This fact was verified in a telephone conversation with
Bruce Barker on December 16, 1998, shortly after your letter arrived.
You told me also in the telephone conversation referenced in your letter that Planning would
have "concerns" if we applied for a Recorded exemption on the 40+ acre parcel created by the
irrigation ditch, which has been in existence since 1915, but which Planning only recently
acknowledged. These "concerns" would be that we are trying to circumvent the Subdivision
regulations, even though Planning knows that is not the case. The first two houses have been
here over 50 years. In 1980, the mobile home accessory dwelling was added. Since then, only
one house has been added to each of two parcels which total 240 Acres!
Planning has further assurance that we are not trying to circumvent the subdivision requirements,
since a minor subdivision on the proposed recorded exemption parcel was one option we
discussed, but which Planning did not approve. Last year's planner, Todd Hodges, suggested
that we put in a minor subdivision on this site. Planning objected to an additional accessory
dwelling at that time, even though stick built accessory dwellings were then allowed by the
Ordinance. A similar stick built accessory, Z-PAD 69, had in fact been approved the previous
year by the Planning Department, under the same Ordinance. In 1995, when we first contacted
them, the Planning Department told us to apply for each accessory dwelling separately, then in
1996, when we applied for the second, asked why we hadn't applied for both together.
Every Z-PAD prior to ours had been approved, with very little documentation required,
including multiple stick built and mobile combinations (see Z-PAD 77, spring of 1997). Every
other farmer got what they said they needed, without having to prove anything, even in large
•
multiples(see Z-PADS for Philip Anschutz at Equus and for National Hog Farms). Accessory
dwellings on farms have ALWAYS been approved, based on the farmers' assessments of their
needs. If you would like further documentation, see George Baxter's comments on the transcript
of the April 30, 1997 hearing before the Weld County Commissioners regarding Z-PAD- 79.
In addition, you and I have discussed the possibility of a minor subdivision in the northwest
corner of our property-an option you said Planning staff tentatively approves. This again
illustrates Planning s awareness that we are not attempting to circumvent any regulation, but
rather trying to find a way to accomplish our farm's goals that is agreeable to the current group
of planners. Since the Ordinance is written with the intention of allowing people these
exemption uses of their property, we believe Planning should attempt to assist people to use the
process as written, rather than looking for some interpretation that precludes it. That individual
interpretation and assignment of intent leads to inconsistency and unfairness and makes the
process burdensome and oppressive. That is not the intent of the Ordinance.
Attempting to force us into a land division which will increase our taxes, give us awkward
parcels, leave us with an older, 660 square foot dwelling as the main house on the 80+ Acre
main parcel, and not give us even one additional building site is an abuse of the process Planning
is supposed to be consistently and fairly implementing in Weld County.
Our intent is now, and has always been, to provide suitable housing on this family farm for our
young adult children, who want to continue the agricultural business we have started, and to
raise their families in the country. We have made numerous, varied and ongoing attempts to
work with Weld County to that end.
We have had numerous letters and calls to Planning and other Weld County government offices
go ignored and unanswered. We have been subjected to confusing and conflicting suggestions
from different planners. We have been subjected to public humiliation, harassed by unfounded
"complaints" investigations, and have been prohibited from a right and reasonable use of our
property that was legal and allowed under the ordinances all along, all under color of law.
Planning's arbitrary and capricious interpretation of the Weld County Zoning Ordinance and the
process of implementing it has further resulted in a substantial loss of opportunity and income
for us. We were hindered from getting our agricultural business up and running as we had
planned, because some of the people who are crucial to the operation were prevented from living
on site. We have had a groundless, time-consuming, expensive --both to us and the taxpayers of
Weld County-- lawsuit filed against us and then dismissed by Weld County, even though we had
changed nothing. We were prevented from accessing our own assets for necessary capital
expenditures by the accompanying Its pendens. Weld County needs to realize the impact of its
decisions on citizens, and to be held accountable for the damage whimsical and inconsistent
interpretation and application of the written regulations causes.
The Zoning Ordinance and Subdivision Ordinance claim to support agriculture, but in practice,
agriculture is discouraged, and expensive, tax revenue producing development projects are
promoted instead. The ordinances should be plainly written, easily understood, consistently
applied, and staff should work WITH the citizen who is trying to use his property in a right and
reasonable manner, rather that looking for a "concern" that is not part of the ordinance.
Our Recorded Exemption and Subdivision Exemption proposals use existing improvements and
divide the land in a. reasonable and orderly fashion, within the intent of existing criteria. The
proposed subdivision exemption keeps the original two homes on one parcel, and keeps the
existing agricultural improvements-barn, shop, corrals, granary, etc.-intact. Your proposal would
be difficult to implement within the setbacks, without forfeiting usable existing structures.
Your letter states that there is no "NCU" file for the second house, which was built long before
there was a Planning Department. Since it is not on record as a non-conforming use, and since ,
according to the Zoning Ordinance created about 1972, each house must be on its own parcel,
then it must already be on its own separate parcel,just like the 40 acres south of the ditch. That
40 Acres has also been a separate parcel since long before the Planning Department existed,
even though the parcel was only recently acknowledged by the department. Putting it on its own
parcel would certainly solve the problem of whether the second house should go on the
Subdivision Exemption or on the main parcel. We will be glad to have the parcel surveyed and
duly recorded, as we are now doing with the land south of the ditch.
There are numerous public records available to you if you wish to research a construction date
for the second house. It certainly precedes the Planning Department. Please provide us with
your statutory and regulatory authority for asking us to provide "evidence". The apparently
questionable state of record keeping in Weld County, and the planners' confusion over what has
already occurred, as evidenced by your earlier letter, is not for the citizens to rectify, but rather
something that should be dealt with within the Planning Department.
We have made repeated and ongoing good faith efforts over the last three years to accomplish a
reasonable goal-provide suitable housing for workers on this farm-while working within the
guidelines and intent of the Weld County Zoning Ordinance. We intend to continue toward our
goal, and we need clear, concise, consistent direction concerning what avenues are open to us
and what the requirements are for each one, something which we have not been given to date.
Expecting citizens to apply for projects that fall within the guidelines of the Zoning Ordinance
only to be turned down on a capricious and arbitrary interpretation of the ordinances and their
"intent" is a flagrant violation of our rights to substantive and procedural due process. We have
already documented a litany of offenses against our civil rights during the course of doing
business with Weld County government, and we intend to pursue whatever legal means are
available to us to protect and defend ourselves and our property.
Sincerely,
cc: Bruce Barker
Monica Daniels-Mika
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld
I, James Enos Dowd, being of lawful age and being first duly sworn,
state as follows:
1. That 1 am principally engaged in the family farming operation at this location.
2.. That I live at 6747 WCR 19, Ft. Lupton, Colorado 80621.
�CV
Subscribed and sworn to me this al q day of December, 1998.
My commission expires: /1)-1 `/•-aQcif, G),(;-% ,
Oa,
Public
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld
I, Elizabeth Wilson, being of lawful age and being first duly sworn, state
as follows:
1. That I am principally engaged in the family farming operation at this location.
2. That I live at 6767 WCR 19, Fort Lupton, Colorado, 80621.
Subscribed and sworn to me this r— 9 day of December, 1998.
My commission expires: 10 I cj -ac c)(9,
ota Public
P DEPARTMENT OF PLANNING SERVICES
1
PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
Ca WELD COUNTYGREDELtINISTRATIVE OFFICES
WIIP 1400 N.EY COLORADO17THVENUE
COLORADO
December 15, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is inteided to follow up our phone conversations of December 8 and 15, 1998. The
Weld County Zoning Ordinance requires documentation which substantiates the use of
accessory farm dwellings as follows:
43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged
in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of
the mobile home shall be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner by the first of each year for review and
acceptance by the Department of Planning Services verifying that the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject property. The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY
ACCESSORY Farm USE.
There are currently four residences on the property including a principal residence, a non-
conforming dwelling and accessory structures permitted through MHP-498 and ZPAD-67. My
previous letter of December 1, 1998, mistakenly indicated that one of the existing structures was
permitted by ZPAD-79, when in fact ZPAD-79 was actually denied by the Board of County
Commissioners. Since MHP-498 and ZPAD-67 were approved for accessory farm uses, staff
requests that you submit evidence in accordance with Section 43.2.3.1 1 to substantiate these
uses by Thursday, December 31, 1998. If you are unable to submit such evidence, the recorded
exemption and sJbdivision applications which you had been contemplating may provide you with
an alternative.
Elizabeth Wilson
Page 2
Also, I have been unable to locate evidence that a Non-Conforming Use (NCU) file has been
established for the non-conforming structure. Please provide evidence to the Department which
documents a construction date so that I may establish an NCU file for this structure. The Weld
County Assessor's office may be of assistance to you,in obtaining such evidence.
Please call me if you have any questions.
Sincerely,
ca OtR_)CO1-M‘'
Scott Ballstadt
Planner II
cc: property research file
Monica Daniels-Mika, Director
Bruce Barker, Attorney
ito
DEPARTMENT OF PLANNING SERVI
CES
' PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
g:. WELD COUN GREDELE1400 N.Y COLORADO INISTRATIVE OFFICES
7THVENU
80631
COLORADO
December 1, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I
discussed your proposed recorded exemption and subdivision exemption configuration with staff
and it was confirmed that only one residence would be allowed on the SE lot as I informed you
during our conversation b1‘4
There are currently four residences on the property including a principal residence and
accessory structures permitted through MHP-498, ZPAD-67 and.ZPAD 73r The configuration
which you propose indicates that the principal dwelling and accessory mobile home will be
located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will
be vacant.
Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right,
therefore staff has determined that the SE parcel shall contain one of the older stick-built homes
and the other shall be located on Lot B as the principal dwelling. You have indicated that you
will submit the appropriate documentation to justify the accessory mobile home on Lot A in
accordance with Section 43 2 3.1 1.
Please adjust your recorded exemption and subdivision applications accordingly prior to
submittal. Please call me if you have any questions.
Sincerely,
9C@--(32LC r\J\)
Scott Ballstadt
Planner II `v\
cc: property research file
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE FFICES
1400 N17TH OAVENUE
GREELEY, COLORADO 80631
COLORADO
October 6, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N'I/2 of Section 33, T2N, R67W of the 6th PM
•
Dear Ms. Wilson:
Thank you for fax received 9/29/98 pertaining to the FRICO ditch. Staff has reviewed the
information you have provided with the County Attorney's office. Based on this information it
appears that the court ordered a condemnation for the Bull Canal right-of-way and staff has
determined that this created two separate legal parcels.
Please call me if you have any questions
Sincerely,
Scott Ballstadt �p ����
Planner II c '1 oF
cc: property research file I 1 \C .GA 1.
IPPp-LEs'
‘03
pa
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From: SCOTT BALLSTADT
To: CENTDOMAIN.CENTPOST(LMORRISON)
Date: 10/6/98 6 :58am
Subject: Liz Wilson -Reply -Reply
thanks - i ag:ee
>>> LEE MORRISON 10/05/98 04 :54pm >>>
I reviewed the receipt from FRICO and it is sketchy but it does appear to
indicate that the court ordered a condemnation for the Bull Canal right of way
and the money was paid by the ditch company and, therefore two lots were
created
Lee
>>> SCOTT BALLSTADT 10/04/98 04 :29pm r»
i am putting a fax from ms wilson in the mail for monday - the fax is from
FRICO and ms wilson wants staff to consider this a fee split - it is not a
recorded document but it appears as if the ditch company condemned the
property in 1917 - i told ms wilson i would get back to her
CALL lac ) jusON)
L'-"C ant(
40-0
1 . DEPARTMENT OF PLANNING SERVICES
'D PHONE (970) 353-6100, EXT.3559
WII
FAX (970) 352-6312
C:. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
October 5, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson
Thank you for fax received 9/29/98. When we originally spoke about your subdivision options,
you indicated that you were interested in a minor subdivision on the far west edge of your
property and a recorded exemption in conjunction with a subdivision exemption to separate
existing improvements on the east side of your property.
Your fax now indicates an additional minor subdivision as well as a recorded exemption in
conjunction with a subdivision exemption all on the eastern edge of your property. Staff would
consider such a proposal an attempt to evade the Subdivision Ordinance. The Weld County
Subdivision Ordinance defines urban and non-urban scale development as follows:
Non-Urban Scale Development - Developments comprising of five or less residential lots,
located in a non-urban area as defined by the Weld County Comprehensive Plan, not adjacent
to other PUD's, subdivisions, municipal boundaries or urban growth corridors. Non-Urban Scale
Development on public water and septic systems shall have a minimum lot size of one (1) acre
and an overall density of two and one-half (2-1/2) acres per septic system. Non-Urban Scale
Development proposing individual, private wells and septic systems shall have a minimum lot
size of two and one-half(2-1/2) acres per lot. Ult
Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to
existing PUD's, subdivisions, municipal boundaries, or urban growth corridors and boundaries.
All urban scale developments shall pave the internal road systems of the development.
The minor subdivision process can be used to propose five lots. The additional adjacent
recorded exemption and subdivision exemption lots which you are proposing would be
considered towards the total lots created, exceeding the five lot maximum. This would
necessitate an urban scale PUD proposal and would require urban services to be provided.
Additionally, staff cannot recommend approval of an urban scale PUD outside of an urban
growth boundary area or an area where urban infrastructure is available. You may, however,
propose a five-lot minor subdivision and incorporate the existing structures into the such
subdivision.
Elizabeth Wilson
Page 2
I have forwarded your documentation from FRICO to the County Attorney's office for assistance
in determining whether or not this constitutes a fee split. I will contact you as soon as I receive a
response.
Please call me if you have any questions. •
erely,
Scott Ballstadt
Planner II
cc: Monica Daniels-Mika, Planning Director
property research file
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LU .4 • 1109839 'ON XVA 00[2lA Ntl 176:90<f1Hd 88-0Z-O(IV
09/29/98 14:48 TX/RX NO.2614 P.001 II
LU. 4b JUJUJJU/' WILU UUUNIKY KU.` fA(jt U?
R THE FARMERS RESERVOIR AND IRRIGATION COMPANY
ea South 27th In•erciacKL'CO !O6O1
T Mot ons 3SS+ -rte•MX 303-&94077
0
TELECOPIER TRANSMISSION
r� n Ur ( 303) 659-6077
TO. fdr It .4-t.)FROM. Fg loo
RE. _[a 33-dzM- (o7
DATE=
DOCUMENT SENT TO FAX NUMHERI 73 3- D D Q
NUMBER OF PAGES INCLUDING THIS PAGE : `3
PLEASE CONFIRM RECEIPT. NO YES
If any pr3blems occur with reception or not all pages in
this transmission are received, please call ( 303) 659-7373
and a.k Co:
COMMENTS. (J a•1J tic- ,ed6; -! >O ib'r+iiArie-s Znt.tt<' .
7.2
II/7
rn v I1(130OO Tat VNJ nnTAJ LB-I 7h an nu 1 Q -n2-nnu
09/29/98 14:48 TX/RX NO.2614 P.002 .
_ - __,, WILL LLJLTIIKY Kit.'
PHGE 03
(sag)
)fi
SNOW ALI. MEN BY TUBE PRESENTS, That for and in
consideration of the payment to ma of the sum of Five
1 Eundred Ninety-three Dollars and Twenty.-seven Cents
($698.21), the receipt whereof is hereby aoknowledged,
' I, L. S. MILFORD do hereby release and discharge IRE
FAIRS RESERVOIR AND IRRIGATION COMPANY and ALVA SRAW,
as Receiver of said spat y: from ens- awned all claims and Q I l
demands of every kin tsoe r�"endyarbio6�u1llly to l`�" ;PM
any claims or demands arising out of or in any way in-
o:ident to that certain condemnation east in the District
Court of Weld County, Colorado, entitled "The Farmers
Reservoir and Irrigation Company v. L. R. Mulford,"
No. 2284, and I do hereby acknowledge settlement and
satisfaction In full of said condemnation emit and of
any claims or demands which I may have or assert, or
ever have had or asserted relating to any alleged un-
lawful 000upsnar or p ion of the premises involved
in said condemnation snit by the said The Farmers Reser-
voir and Irrigation Company or its Receiver at any time.
IN WITNESS WHEREON, 2 have hereunto net my band and
seal this 16th day of February .�1927,
�i iZzae .F (WEAL)
?n '4 lingRCg TN YW4
MIua [M17 Cfi.00 nVl 04-fl7_MU
09/29/98 14:48 TX/RX NO.2614 P.003
,
Oe N
•
•
' 'y DEPARTMENT OF PLANNING SERVICES
W ' PHONE (970)353-6100, EXT.3559
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
i D.C:b . N. 17TH AVENUE
GREELEY, COLORADO 80631 80631
COLORADO
August 7, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up on our conversation of August 6, 1998. Enclosed please find
copies of the Recorded Exemption and Subdivision Exemption procedural guides which outline
the appropriate County processes.
If you are able to locate a deed for the FRICO ditch right-of-way, I would be glad to take it to a
staff meeting to determine whether or not that portion of your property is a separate, legal parcel.
You should be aware that by sending you these documents the Department of Planning
Services is not guaranteeing approval of these applications. Once you have completed the
application materials, including required attachments, I will review them to verify that they are in
order.
Please call me if you have any questions. I f �1
Sincerely, �/�+
SOeWragitolr--
Scott Ballstadt •
Planner II CO
•
cc: property research file 4
V
FIELD CHECK inspection date: I / / 91
CASE NUMBER: p /Sc -zE - 24uo
APPLICANT: WiLS0-1,\
LEGAL DESCRIPTION: p(, 132 3.3'2- 'Cal
WE-'71
LOCATION: of and adjacent to Weld County Road (9 4' ,V-n-+, 4- 4' {(QS TO W tL
Zoning Land Use
N A (Agricultural) N p` , f lZ(l 1)4& L
E A (AgricultLral) E AC,
S A (AgricultL ral)
W A (Agricultt ral) W At
COMMENTS:
eXIS'tl(\l6> C5 -t RCLiCiet .BU)G$
Scott Ballstadt, Planner II
1k,Ou4 b%3 L 23' O I N\L 11 SrPWJ) c0 RV-PQ ' (5s--\ '?P12A-C,s
pin 'L CSF .DCTC*-1
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