HomeMy WebLinkAbout950822.tiffAd2437k]95
RESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #1716 - RIVERBEND
INVESTMENTS, LLC
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 request for Recorded Exemption #1716 was submitted by Riverbend
Investments, LLC, 2555 Weld County Road 42, Berthoud, Colorado 80513, for property which is
located in part of the W/:, SE% of Section 21, Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS, this request is to divide the property into parcels estimated to be approximately
1 acre and 35 acres, and
WHEREAS, after reviewing the Planning staffs concerns and hearing the testimony
presented, the Board determined that said request shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that this proposal evades
the purpose of the Weld County Subdivision Ordinance. The granting of the
recorded exemption request will result in a sprawl row type development, which is
contrary to the purpose of assisting orderly, efficient, and integrated development
as stated in Section 1.3.1.
2. It is the opinion of the Board that this proposal is inconsistent with the Weld County
Comprehensive Plan. The applicant desires to sell Lot A of the proposed recorded
exemption for the purpose of financing. This stated goal does not fit within any of
the three criteria listed in the Comprehensive Plan's Agricultural Policy #7.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request for Recorded Exemption #1716, submitted by Riverbend
Investments, LLC, be, and hereby is, denied.
2437095 B-1490 P-829 05/05/95 12:31P PG 1 OF 2
Weld County CO Clerk & Recorder
dig: Pt) RIUGrhend
REC DOC
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950822
RE1716
RE: RE #1716 - RIVERBEND INVESTMENTS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of April, A.D., 1995.
ATTEST:
Weld Coun
BY:
Deputy CI ?k to the Board
APPR• ' AS TO FORM:
torney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COIVORAJ)O
,GeorgeZBaxter
C --L
Constance L. Harbert
FXrA ISFr)
W. H. Webster
2437095 B-1490 P-829 05/05/95 12:31P PG 2 OF 2
950822
RE1716
WHEREAS, after reviewing the Planning staffs concerns and hearing the testimony
presented, the Board determined that the request shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that this proposal evades
the purpose of the Weld County Subdivision Ordinance. The granting of the
recorded exemption request will result in a sprawl row type development, which
is contrary to the purpose of assisting orderly, efficient, and integrated
development as stated in Section 1.3.1.
2. It is the opinion of the Board of County Commissioners that thisproposal is
inconsistent with the Weld County Comprehensive Plan. The applicant desires to
sell Lot A of the proposed recorded exemption for the purpose of financing. This
stated goal does not fit within any of the three criteria listed in the Comprehensive
Plan's Agricultural Policy #7.
950922
April 12, 1995
C1 rr-.I.
Board of County Commissioners
Centennial Center Complex
915 10th Street
Greeley, CO 80631
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: RE -1716 Part of the W2, SE4 of Section 21, T4N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Commissioners:
This request for a recorded exemption is submitted by Riverbend Investments, LLC. The parcel of
land on which this request is located in part of the W2, SE4 of Section 21, T4N, R68W of the 6th
P.M., Weld County, Colorado. The property is located north of and adjacent to Weld County Road
42 and approximately 1/2 mile west of Weld County Road 7. The applicant is requesting to divide
a 36 acre parcel into 1 acre and 35 acres, more or less. Proposed Lot A contains one home.
Proposed Lot B is in agricultural production.
Little Thompson Water District provides proposed Lot A with water and is proposed for Lot B. A
septic system provides Lot A with sewage disposal and is proposed for Lot B. The Weld County
Public Works and Health Department responded with no objections to this request.
The Department of Planning Services' staff recommends denial of this proposal based on
noncompliance with the Weld County Comprehensive Plan's agricultural goals and policies as well
as lack of efficient and orderly development. The applicant has stated in the application materials
that the reason for the recorded exemption is to sell the smaller lot with the home in order to raise
capitol for their farming operations. The applicant further stated that a less expensive residence will
be constructed for the farm manager. The Comprehensive Plan allows a lot in the A (Agricultural)
Service, Teamwork, Integrity, Quality
950822
RE -1716, Riverbend Investments, LLC.
Page 2
zone district to be divided into two separate parcels if the intent of the recorded exemption is met.
This applicant however, is not able to satisfy any of the three established criterion. This request
would allow for an additional building site, thus creating a sprawl row type development. The three
criteria for dividing a lot in the A (Agricultural) Zone district as stated in the Comprehensive Plan
Agricultural Policy #7 is to:
A. Enable the property owner who is retiring an opportunity to live on or sell the existing farm
improvements.
B. Enable the property owner to sell off agricultural land that is nonproductive for one single
family dwelling homesite.
C. Enable the property owner to provide a residence for direct members of the farm family and
also for workers employed at the farm.
Due to the above stated reasons, the Department of Planning Services' staff requests that the Board
of County Commissioners deny this recorded exemption request.
Respectfully submitted,
Shani L. Eastin
Current Planner
Service, Teamwork, Integrity, Quality
956922
CONDITIONS OF APPROVAL
RE -1716
Riverbend Investments, LLC.
1. Prior to recording the plat, any existing septic system(s) which is not currently permitted
through the Weld County Health Department will require an I.S.D.S. evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S.
regulations.
2. A Weld County Septic Permit is required for any proposed home. It shall be installed
according to the Weld County Individual Sewage Disposal Regulations.
3. Prior to recording the plat, the applicant shall submit evidence to the Department of
Planning Services' that proper zoning and building permits have been obtained for the
mobile home currently located on Lot B of the recorded exemption.
4. 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 fee.
956922
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APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80
Phone (303) 353-6100. Ext. 3540, Fax# (303) 351-0978
,I
RECORDING FEE ^--°tannin°
RECEIPT NUMBERO I
APPLICATION CHECK BY .Lt,
FOR PLANNING DEPARTMENT USE ONLY:
APPLICATION FEE
CASE NUMBER _
ZONING DISTRICT
t1 y
MAR 0 195
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures)
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: See attached
TOTAL ACREAGE: 36
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No X
FEE OWNERS OF PROPERTY:
Name:Riverbend Investments, LLC
Address: 2555 WCR 42, Berthoud, CO
Name:
Address:
arm k;Ai SS e fl
Water Source: Larger Parcel Little Thompson Smaller Parcel Little Thompson
Type of Sewer: Larger Parcel Septic Smaller Parcel Sent i c
Proposed Use: Larger Parcel Agri cultural
Acreage: Larger Parcel 35
Smaller Parcel R P s i d.p n r e
Smaller Parcel 1 .2
Existing Dwellings: (Yes or No) No (Yes or No) Yes
I hereby state thtt all statements, proposals, or plans submitted with this app . ,ire tr. e nd ;orrect to the
best of my knowledge.
_P asx_ne r
uthorized Agent
956922
RECORDED EXEMPTION QUESTIONAIRE
1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used.
Riverbend Investments, LLC plans to sell the smaller with the home in order
to raise capitol for their farming operations.
A less expensive residence will be constructed for the farm manager
Bradley R. Gielissen.
2. Describe the location, size and present use of the area where each proposed new lot will be created.
The smaller lot is the current residence for Bradley R. Gielissen.
The Smaller lot is 1.2 acres in size.
The larger lot is farmed by River Bend farms, Inc.
The larger lot is 35 acres
3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted
municipal plan, if applicable.
4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed
recorded exemption.
The requested proposal is consistent with surrounding uses approved by
the County of Weld.
5. Explain how the proposal is consistent with the intent of the zoning district it is located within.
By allowing Riverbend Investments to divide, we will be able to continue
to farm the property in the future,should we not, we may be faced with
selling to a party with possible developing plans.
6. Explain how the proposal is consistent with efficient and orderly development.
The proposal would not in any way effect future development proposals.
7. Explain how adequate provision for the protection of the health.. safety, and welfare of the inhabitants
of the neighborhood and the County will be accomplished.
The proposal will not change the current conditions which exist.
950922
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- Registered in Colorado 6 Wyoming
1301 N. Cleveland Ave.
Loveland, Colorado 80537
(303) 669-0516
EXHIBIT MAP
Part of the WI- of the SEI ofSection 21, Town-
ship 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, described as follows:
Beginning at the Southeast corner of said
Section 21; Thence along the South line of
said Southeast Quarter South 89°43'43" West
2387.11 feet to the True Point of Beginning;
Thence North 00°11'55" East 200 feet; Thence
South 89°44'45" West 261 feet to the West
line of the Southeast Quarter; thence along
said West line South 00°11'45" west 200 feet
to said South line of the Southeast Quarter;
Thence along said South line North 89°43'43"
East 261 feet to the TRUE POINT OF BEGINNING.
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950922
COLORADO
so0*,
mEmoRAnuum
Shani L. Eastin
To Weld County Planning
Dote March 1_7, 1995
From Trevor.Tirirek Sunprvisor Environmental Protection Service
Subject race Nvmher• Re -1716 Namp Rivprhpnd Tnvpctmpntc TTC
SE4 of Section 21, Township 04 North, Range 68 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s). In the event the system(s)
is found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. regulations.
TJ/cs-438
MAR 2 n 1995
9S0922
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Wine
COLORADO
RECEIVED MAR 1 5 1995
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
March 8, 1995 CASE NUMBER: RE -1716
TO WHOM IT MAY CONCERN:
Enclosed is an application from Riverbend Investments, LLC. for a Recorded Exemption. The
parcel of land is described as Part of the W2, SE4 of Section 21, T4N, R68W of the 6th P.M., Weld
County, Colorado of the 6th P.M., Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to WCR 42 and approximately
1/2 mile west of WCR 7.
This application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Your prompt reply
will help to facilitate the processing of the application and will ensure prompt consideration of your
recommendation. Please reply by March 24, 1995, so that we may give full consideration to your
recommendation. Please call Shani L. Eastin, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed, above.
1. We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
2.
We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town for the
following reasons:
We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be submitted to you
prior to:
5. Please refer to the enclosed letter. '` ' c>
7f►
Signed: u'/G uc: zil tx2 f✓i Agency: (..,1-k.“ V �NZI.zl. Date:' [1 95
-• tiranniino
9S0922
,D CGJNTY ROAD At_.L.1.SS INFORI :ION SHEET
Weld County Public Works Department
933 North 11th Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750
Date:March 1, 1995
ApplicantNameRiverbend Investments,LLcPhone(303) 532-3908
Address2555 WCR 42 CityBerthoud State CO Zip$0513
2. Address or location of access 2 5 5 5 WCR 42
Sectior2 1 Township 4 N Range t, 8 w
Block Lot
Subdivision
Weld County Road 4 42 Side of Road North N S E or W
Distance from & number of intersecting road 1 / 2 mile from WCR 5 &7
3. Is there an existing access to the property? Yes X No # of accesses 2 ea
************************************
4. Site Sketch
Sc
J
3
w a Al
oc
3
*********************************4************************************************
OFFICE USE ONLY
Road 42. ADT
Date Accidents
Road 5 ADT 1190 Date p°(`t2— Accidents
5. Proposed use:
❑ Permanent
• Temporary
❑ Other
7'
Date
Date
Residential/Agricultural ❑ Industrial
Commercial ❑ Subdivision
***************************************************************************
Drainage Requirement Culvert Size Length
Other Comments
O Installation authorized
O Information Insufficient
Special Conditions Acc ss is EXlhtsPL1 1Jo tJE J ACc.ES5e5 GQ14n1'rtb.
Reviewed by: Title:
950922
FIELD CHECK
FILING NUMBER: RE -1716 DATE OF INSPECTION: March 13, 1995
APPLICANT'S NAME: Riverbent Investments, LLC.
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: W2, SE4 of Section 21, T4N, R68W of the 6th P.M., Weld County Colorado
LOCATION: North of and adjacent to Weld County Road 42 and approximately 1/2 mile west of Weld
County Road 7
LAND USE: N Agricultural Production
E Agricultural Production, Residence
S Agricultural Production, Residence
W Agricultural Production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: Property slopes from the south to north. An existing home is on the small lot. The large lot
has a mobile home on it that apppears to be used as storage.
Shani L. Eastin
Current Planner
950222
r‘&
Wilk
COLORADO
April 11, 1995
Riverhend Investments, LLC
Attn: Brad Gidissen
2555 WCR 42
Berthoud, CO 80513
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: RE -1716 Request for a recorded exemption on a parcel of land described as part of the W2, SE4
of Section 21, T4N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Board of County Commissioners on Monday, April 17, at 9:00 a.m. to
consider your application. This meeting will take place in the County Commissioners' Hearing -Room, First
(lour, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you
or a representative be in attendance to answer any questions the Board of County Commissioners might have
with respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning
Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
/'\a A i 67.-'t - --
Shani L. Eastin
Current Planner
Service, Teamwork, Integrity, Quality
950922
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