HomeMy WebLinkAbout950060.tiffRESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #1680 - LOUIS J. BRIGHI FOURTH FAMILY
LIMITED PARTNERSHIP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under Section
30-28-101(10)(d), CRS, as amended, did determine at a public meeting held in the Chambers of
the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known
as Recorded Exemption #1680, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #1680 was submitted by The Louis J.
Brighi Fourth Family Limited Partnership, 1300 Polomar Drive, Greeley, Colorado 80634, for
property which is located in part of the SE% SE% of Section 4, Township 5 North, Range 66 West
of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall
be provided by the applicant and known as Exhibit "A", said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be approximately
1.4 acres and 2.9 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms, "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1680 submitted by
The Louis J. Brighi Fourth Family Limited Partnership be, and hereby is, approved conditional upon
the following:
1. Prior to recording the plat:
a. The landowner shall submit a complete application and fee to the
Department of Planning Services requesting a Change of Zone from A
(Agricultural) to C-3 (Commercial) on Lot A. Processing of the Change of
Zone application will commence after the plat is recorded and Lot A exists
as a legal parcel.
b. Any existing septic system which is not currently permitted through the Weld
County Health Department will require an I.S.D.S. evaluation. In the event
the system is found to be inadequate, the system shall be brought into
compliance with current I.S.D.S. regulations.
950060
RE1680
&,,' PL j brt9IL LP
1 1T
RE: RE #1680 - LOUIS J. BRIGHI FOURTH FAMILY LIMITED PARTNERSHIP
PAGE 2
c. The plat shall be amended to show:
1) A 75 -foot right-of-way reservation north of the centerline of State
Highway 34 Business route (West Tenth Street).
2) An exclusive 20 -foot wide sanitary sewer easement on the north
boundary of Lot B.
3) An exclusive 20 -foot wide water line easement on the south
boundary of Lot B.
d. The following notes shall be placed on the plat:
1) An exclusive 20 -foot wide sanitary sewer easement shall be
reserved on the north boundary of Lot B and an exclusive 20 -foot
wide water line easement shall be reserved on the south boundary
of Lot B, as shown hereon.
2) No activities shall be established in the A (Agricultural) portion of Lot
A which would not be allowed as a Use by Right in the C-3
(Commercial)) Zone District.
3) Prior to any commercial land use taking place on Lot A, approval of
a Change of Zone and Site Plan Review shall be obtained by the
landowner.
4) No additional accesses to the property from State Highway 34
Business route (West Tenth Street) shall be allowed.
5) Lot A shall be limited to one access and Lot B shall be allowed no
additional accesses to 59th Avenue.
6) Access to Lot A shall be located no less than 200 feet north of the
future edge of the traveled way of West Tenth Street.
7) At such time that City of Greeley water or sewer service is available
to either Lots A or B, the Landowners of Lots A and B shall be
required to connect to the water and sewer lines and pay all
applicable fees; however, prior to the time such water line is
available, the landowner of Lot A shall provide bottled water for
drinking purposes and a cistern for other domestic uses.
950060
RE1680
I IT
RE: RE #1680 - LOUIS J. BRIGHI FOURTH FAMILY LIMITED PARTNERSHIP
PAGE 3
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 prepared in accordance with the requirements of Section 11.7 of the
Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date
of approval by the Board of County Commissioners. The applicant shall be responsible for paying
the recording fees.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY: 11_( K Y /Cli
Deputy Clerldto the Board
APPRO ' AS TO FO
my Attorne
1 1T
ELD COUNTY, CQLORAI]O
Dale K. Hall, airman
FXCIISFF) fATF OF SIGNING
Bart r J. Kirkmeyer, Pro -Tern
E
C2.[
L y.
Baxter
Ge
org E.
Constance L. Harbert
(°e i
W. H. Webster
(AYF9
r
950060
RE1680
CHANGES TO CONDITIONS OF APPROVAL FOR RE -1680:
Eliminate 1.c.
Change the last bullet under paragraph 1.e. (now 1.d.) to say the following:
-- At such time that City of Greeley water or sewer service is available to either Lots A
or B, the landowners of Lots A and B shall be required to connect to the water and sewer lines
and pay all applicable fees; however, prior to the time such water line is available, the landowner
of Lot A shall provide bottled water for drinking purposes and a cistern for other domestic uses.
950060
1_ If
CONDITIONS OF APPROVAL
RE -1680
The Louis J. Brighi Fourth Family Limited Partnership
1. Prior to recording the plat:
a. the landowner shall submit a complete application and fee to the Department of Planning
Services requesting a change of zone from A (Agricultural) to C-3 (Commercial) on Lot
A. Processing of the change of zone application will commence after the plat is
recorded and Lot A exists as a legal parcel.
b. any existing septic system which is not currently permitted through the Weld County
Health Department will require an I.S.D.S. evalution. In the event the system is found
to be inadequate, the system shall be brought into compliance with current I.S.D.S.
regulations.
c. the landowner of Lot A shall apply for a well permit from the State Division of Water
Resources.
d. the plat shall be amended to show:
- a 75 -foot right of way reservation north of the centerline of State Highway 34
Business route (West 10th Street).
an exclusive 20 -foot wide sanitary sewer easement on the north boundary of Lot B.
- an exclusive 20 -foot wide water line easement on the south boundary of Lot B.
e. the following notes shall be placed on the plat:
An exclusive 20 -foot wide sanitary sewer easement shall be reserved on the north
boundary of Lot B and an exclusive 20 -foot wide water line easement shall be
reserved on the south boundary of Lot Bas shown hereon.
No activities shall be established in the A (Agricultural) portion of Lot A which would
not be allowed as a use by right in the C-3 (Commercial) zone district.
Prior to any commercial land use taking place on Lot A, approval of a Change of
Zone and Site Plan Review shall be obtained by the landowner.
- No new accesses to the property from State Highway 34 Business route (West 10th
Street) shall be allowed.
- Lot A shall be limited to one access and Lot B shall be allowed no new accesses.
- Access to Lot A shall be located no less than 200 feet north of the future edge of
traveled way of West 10th Street.
- At such time that City of Greeley water or sewer service is available to either Lots A or
B, the landowners of shall be required to connect to the water or sewer lines and pay
9500S0
I If
all applicable fees.
2. 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 Board of County Commissioners. The applicant shall be responsible for paying
the recording fees.
950060
1 If
t4eri,
VUDc.
COLORADO
January 11, 1995
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption 1680
Dear Commissioners:
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
This request for a recorded exemption is submitted by The Louis J. Brighi Fourth Family Limited
Partnership. The parcel of land under consideration is described as part of the SE4 SE4 of
Section 4, T5N, R66W of the 6th P.M., Weld County, Colorado. The property is located west of
and adjacent to 59th Avenue (Weld County Road 29) and north of and adjacent to U.S.
Highway 34 Business Route. The request is to divide a 4.3 acre parcel into two parcels of 2.9
acres and 1.4 acres, more or less. Proposed Lot B contains a residence, corrals and a building
used for a commercial rental business, leased to another party by the owners. A construction
trailer is parked on the south portion of proposed Lot A; the remainder is vacant ground.
The existing parcel was created in 1963. In 1966, a change of zone from A (Agricultural) to C-3
(Commercial) occurred on ten acres of ground in the vicinity of this site (see attached map).
This change of zone resulted in a division of land uses allowed on the subject parcel,
commercial zoning and land uses on the south 300 feet and agricultural zoning and land uses
on the balance (north) of the property. The applicant wishes to divide the parcel and sell
proposed Lot A so that a retail business may occur on the commercial portion of the site.
The City of Greeley Planning Department does not support this recorded exemption request
because allowing the potential for a second dwelling on 4.3 acres does not comply with the City
of Greeley's Resolution 7, 1985. The parcel lies within the 2010 Growth Ring, according to the
Resolution, where the gross density rate may not exceed one dwelling unit per ten acres. It is
the Department of Planning Services staffs opinion that this proposal does not present a
conflict, as the intent is to build a commercial building for a retail business on Lot A.
Section 11.8.1 of the Weld County Subdivision Ordinance states that the water supply for both
lots as proposed by the recorded exemption application must be adequate in terms of quality,
quantity and dependability for the uses on the property. The Weld County Health Department
does not encourage the use of cisterns as a water supply. Staff also has concerns whether a
cistern will adequately provide water for a commercial use. It appears, from the referral
response returned from the State Division of Water Resources, that a well permit would be
1 IT
950050
available to Lot A, if all conditions are met. It is the staffs opinion that a well is a preferred
water source for the commercial operation, in comparison to the proposed cistern.
The Weld County Public Works Departments, Colorado Divisions of Transportation and Water
Resources and City of Greeley Community Development and Water and Sewer Departments
have also reviewed the recorded exemption application and presented comments. Their
responses have been incorporated into the conditions of approval.
A combination of commercial and agricultural zoning presently exists on this 4.3 acre parcel.
The prospective landowner of proposed Lot A is agreeable to requesting a change of zone from
A (Agricultural) to C-3 (Commercial) on the area that is currently agricultural so that the entire
1.4 acres may be utilized commercially. The applicant proposes no change in zoning or land
use on proposed Lot B at the present time.
Staff requests that the Board of County Commissioners consider this recorded exemption
application and determine whether it satisfies the criteria for review as set forth in Sections
11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance.
Respectfully submitted,
is Dunn
Current Planner
9500S0
I IT
December 21, 1994
Hand Delivered
Weld County Board of
Commissioners
915 10th Street
Greeley, CO 80631
Ladies and Gentlemen:
and
Weld County
Planning Staff
1400 North 17th Avenue
Greeley, CO 80631
The purpose of this letter is to authorize Glen
Droegemueller, Attorney at Law, to represent the
interests of The Louis J. Brighi Fourth Family Limited
Partnership before the Board of County Commissioners and
the Planning Staff relating to an application filed for
a recorded exemption involving properties owned by the
partnership. I understand Mr. Droegemueller is also
representing the potential purchaser of one of the lots
in the recorded exemption, and I hereby expressly consent
to Mr. Droegemueller's dual representation and authorize
Mr. Droegemueller to agree to any terms and conditions
required by the Board or the Planning Staff relative to
the approval of this recorded exemption.
This designation to act as attorney on behalf of the
partnership shall be effective to and until January 30,
1995.
T 11
Sincerely,
THE LOUIS J. BRIGHI FOURTH
FAMILY LIMITED PARTNERSHIP
9500S0
N
m
I
1470' (a
C o
Sec. 9 T. 5 N. R .66 '141.
Se c26 T.5 N. R 66W.
4
EATON
.i.
aa,c+z-18
Sec.I8 T.6N.R
0-
1392
!�:: T'N.P c,,_
Lr
xx — 442 xJ
xx0 ton
�% ---W
L NEd[{� •Wf STERN
e0„0
144*
Correction
1'ES{EAN
UNION
33(
\4.
RECORDED EXEMPTION FIELD CHECK
CASE NUMBER: RE -1680 DATE OF INSPECTION: December 15, 1994
APPLICANT'S NAME: Louis J. Brighi Fourth Family Limited Partnership
LEGAL DESCRIPTION: Part of the SE4SE4 of Section 4, T5N, R66W
LOCATION: West of 59th Avenue and north of U.S. Highway 34 Business Route
LAND USE: N: Vacant agricultural ground
E: Liquor store, 59th Avenue, vacant agricultural ground
S: Liquor store, U.S. Highway 34 Business route, restaurant
W: Building products, car dealer, vacant agricultural ground
ZONING: N A E City of Greeley S C-3. A W C-3, A
Road ADT Date Accidents Date
Road ADT Date Accidents Date
UNSAFE CONDITIONS:
Inadequate sight distance to west (500' clear view @ 55 mph)
Setbacks/structure from access
Bridge location from access (less than 200')
Weeds
Landscaping
Inadequate distance from road intersection or railroad crossing
x None observed at time of inspection
TOTAL # ACCESSES IN MILE
State Highway 34 59th Avenue Weld County Road
Residences 2 Residences
Other structures 1 Other structures Other structures
��/1Agricultural 3 Agricultural Agricultural
/Vi.q)ier4US Commercial 1 Commercial Commercial
ROAD SURFACE
x Paved
Gravel Unimproved
Requested Engineering to inspect site - Y N x Date:
Ti'
950050
Comments:
Existing accesses to the property are from 59th Avenue (2) and U.S. Highway 34 Business
route (1) ; both are paved roads. Some earthwork is taking place on the commercial
portion of proposed Lot A; there are no permanent structures on this area of the
property. Proposed Lot B contains a residence on the north, corrals and a rental
business on the southeast boundary of the property. Lot A is fairly flat; the ground
slopes down to the southwest on Lot B.
950050
Iii
Att:r
WIDe.
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
NOVEMBER 21, 1994 CASE NUMBER: RE -1680
TO WHOM IT MAY CONCERN:
Enclosed is an application from Louis J. Brighi Fourth Family Ltd. Partnership for a Recorded
Exemption. The parcel of land is described as Part of the SE4 SE4 Section 4, T5N, R66W of the
6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has
been submitted is west of and adjacent to 59th Avenue and north of and adjacent to U.S. Highway
34 Business Route.
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 December 6, 1994, so that we may give full consideration to
your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
2.
We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town for the
following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be submitted to you
prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
950060
TIT
REFERRAL LIST
NAME: Louis J. Brighi Fourth Family Ltd. Partnership CASE NUMBER: RE -1680
REFERRALS SENT: November 21, 1994 REFERRALS TO BE RECEIVED BY: December 6, 1994
COUNTY TOWNS and CITIES
_Attorney _Ault
_x_Health Department _Brighton
_Extension Service _Broomfield
Emergency Management Office _Dacono
_Sheriffs Office _Eaton
x_ Public Works _Erie
_Housing Authority _Evans
_Airport Authority _Firestone
_Building Inspection _Fort Lupton
_Frederick
STATE _Garden City
)( Division of Water Resources _Gilcrest
_Geological Survey _x_Greeley
_Department of Health _Grover
_x Department of Transportation _Hudson
_Historical Society _Johnstown
_Water Conservation Board _Keenesburg
_Oil and Gas Conservation Commission _Kersey
La Salle
FIRE DISTRICTS _Lochbuie
Ault F-1 _Longmont
_Berthoud F-2 _Mead
_Briggsdale F-24 _Milliken
_Brighton F-3 New Raymer
_Eaton F-4 _Northglenn
_Fort Lupton F-5 _Nunn
Galeton F-6 _Pierce
_Hudson F-7 _Platteville
_Johnstown F-8 _Severance
La Salle F-9 _Thornton
_Mountain View F-10 _Windsor
_Milliken F-11
_Nunn F-12 COUNTIES
_Pawnee F-22 _Adams
_Platteville F-13 _Boulder
_Platte Valley F-14 _Larimer
_Poudre Valley F-15
_Raymer F-2 FEDERAL GOVERNMENT AGENCIES
_Southeast Weld F-16 _US Army Corps of Engineers
_Windsor/Severance F-17 _USDA -APHIS Veterinary Service
Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER
_Central Colo. Water Conservancy Dist.
_Panhandle Eastern Pipe Line Co.
_x_City of Greeley Water & Sewer Dept.
11T
SOIL CONSERVATION DISTRICTS
_Brighton
_Fort Collins
_Greeley
_Longmont
950050
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
December 9, 1994
Ms. Gloria Dunn, Current Planner
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal D. Simpson
CIALF.0.) st40541 [State Engineer
'q DEC 1994
Re: Brighi Exemption, RE -1680
SW1,/4 Sec. 4, T5N, R661^I, 6TH PM
W. Division 1, W. District 3
Dear Ms Dunn:
We have reviewed the above referenced proposal to split a 4.3 acre parcel into two lots of
2.9 and 1.4 acres. The proposed water supply is to be a domestic well for the 2.9 acre agricultural
lot and a cistern for the 1.4 acre agricultural/commercial lot. Our records do not indicate a
registered domestic well at this location. Submittal materials indicate that the 4.3 acres is a pre
Senate Bill 5 parcel. We may be able to issue one inhouse use well permit for the 2.9 acre parcel,
and one exempt commercial well permit after the county approves the split, if the following
conditions can be met:
1. The property has not been previously subdivided or exempted since June 1, 1972.
2. The proposed well would be the only well exempted under Section 37-92-602, located
on a lot.
3. The return flow is to the same stream system as the well is located in.
4. The waste water treatment system must not have a consumptive use greater than 10
percent. A septic and leach field system is considered to have a consumptive use not
exceeding 10 percent.
The inhouse permit which may be available will be limited to use for ordinary household
purposes inside one single-family dwelling. Outside use for lawn and garden irrigation or watering
of domestic animals is prohibited. The rate of pumping will be limited to 15 gallons per minute,
and annual diversions limited to 1/3 acre foot.
The commercial well permit which may be available will be limited to use for drinking and
sanitary purposes inside one commercial business. No outside use for irrigation or any other
purpose is allowed. The 'rate of pumping will be limited to 15 gallons per minute, and annual
diversions limited to 1/3 acre foot. Plat notes and covenants should reflect these limits on well use.
950060
11T
Ms. Gloria Dunn
December 9, 1994
Page 2
Prospective lot purchasers should be made aware of the limitations on water use. We
recommend that a copy of this letter be given to prospective lot purchasers and submitted with the
well permit application in order to expedite our evaluation.
If the conditions stated above can be met and the limitations on well use are satisfactory
to the applicant, then we have no objection to the proposal.
If you have any questions in this matter, please contact me.
Sincerely,
Jerivt, 5dt.4.tt w'
John Schurer, P.E.
Senior Water Resource Engineer
JS/brighi
cc: Alan Berryman, Division Engineer
Water Supply Branch
950060
IT
STATE OF COLORADO
1
DEPARTMENT OF TRANSPORTATION
Region 4
1420 2nd Street
P.O. Box 850
Greeley, Colorado 80632-0850
(303) 353-1232
Weld County, SH 34 Business
Louis J. Brighi 4th Family
Ltd. Partnership
Intersection of SH 34 Business
and 59th Avenue, N.W. Corner
West of Greeley
December 15, 1994
Ms. Gloria Dunn - Current Planner
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Dear Gloria,
The Louis J. Brighi Fourth Family Limited Partnership application
for Recorded Exemption has been reviewed, and the following comments
are offered:
RIGHT-OF-WAY The plans indicate 62.80 feet of right-of-way from the
section line to the property boundary. The relationship between
the section line and the centerline has not been addressed. This
stretch of SH 34 is currently under review for improvements by the
State and perhaps in conjunction with the City of Greeley. At
this time, the proposed total right-of-way need is 150 feet, 75
feet each side of the highway centerline. Additional width to
meet the projected need should be protected by reservation or,
preferably, dedication as permitted by County regulations.
ACCESS The application states that Lot A is to be used for the
commercial sale and storage of carpet and flooring materials. Lot
B will continue to be used for agricultural purposes. Since a
change of use of the property is proposed, re-evaluation of access
is necessary at this time. The survey does not indicate existing
accesses.
Access to the state highway system is governed by the State
Highway Access Code, and the subdivision of property requires that
access be brought into conformance with the Code at such time as
the property changes use as defined by Section 2.10.3.
Conformance with the Code along this section of SH 34 would
require that no private direct access be allowed to a property
{ DEC 1 6 1994 ��
��—
tic: a°naln y 1T s�lnint7
9 a00S0
Ms. Gloria Dunn
December 15, 1994
Page 2 of 2
Louis J. Brighi
when the property in question has reasonable access to the general
street system. Since the Brighi property borders 59th Avenue,
access to both lots must be taken by way of that street, and shall
be located a minimum of 200 feet north of the future edge of
traveled way of SH 34. If direct access exists, closure will be
required. A State Highway Access Permit must be obtained from
this office for removal of access.
Our comments are based upon the submittal as received November 22,
1994.
Thank you for the opportunity to review the Louis J. Brighi 4th
Family Ltd. proposal. If you have any questions, I can be reached at
(303) 350-2163.
GTH-I/TGJ/gi
xc: G. Sisson
G. Hice-Idler
f
I If
Sincerely,
Te .. G. Jones
Region Develo.,�/Access Coordinator
950060
COMMUNITY DEVELOPMENT
1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780
December 6, 1994
Gloria V. Dunn
1400 N. 17th Avenue
Greeley, CO 80631
Subject: RE -1680 Louis J. Brighi Fourth Family Ltd. Partnership
Dear Ms. Dunn:
Thanks for the opportunity to review this recorded exemption. The City
of Greeley Planning staff has reviewed the application for a recorded
exemption from Louis J. Brighi Fourth Family Ltd. Partnership and has
the following comments:
Resolution 7, 1985, gave administrative review authority to the Greeley
Planning staff for review of recorded exemptions. I have included a
copy of the resolution with this letter for your information. The
resolution indicates we cannot recommend approval on any application
where the overall gross density exceeds one dwelling unit per 10 acres
within the 2010 growth ring. Since approval of this application would
potentially allow two homes on 4.3 acres, we cannot recommend approval
of the request.
Additionally, having two different zones, commercial and agricultural,
on the same parcel, seems cumbersome and not in line with good planning
practice. This is a potential situation which could lend itself to
future confusion.
However, if the Board of County Commissioners decides to approve this
request, 50 feet west from the centerline of 59th Avenue should be
reserved or dedicated for future right-of-way. Thanks for the
opportunity to review this request.
Sincerely,
Greg `Thompson
Planner II
Enclosure
l if
i
f
DEC , �I
1994 J
her
9500 S0
RESOLUTION 7, 1985
A RESOLUTION AMENDING THE CITY'S REVIEW
PROCEDURES FOR WELD COUNTY RECORDED
EXEMPTIONS THAT ARE REFERRED TO THE CITY.
WHEREAS, Section 19-7 of the Charter of the City of Greeley charges
the Planning Commission with platting and subdivision control of land
within the City and within three miles thereof; and
WHEREAS, the Weld County Board of County Commissioners have revised
their subdivision regulations effective July 1, 1985; and
WHEREAS, these revised regulations allow the Weld County Planning
Staff to administratively approve recorded exemptions; and
WHEREAS, the City of Greeley Planning Commission believes the review
process for recorded exemptions within three miles of the Greeley city
limits can be streamlined by charging the City of Greeley Planning Staff
with reviewing these plans administratively.
NOW, THEREFORE, BE IT RESOLVED by theiChe City
ytoffGreeley Planning
Commission, that the City of Greeley 6 :
1. be charged with administratively reviewing and making comment to
the Weld County Planning Department on recorded exemptions that
are referred to the City of Greeley;
2. insure that the following standards are forwarded to the Weld
County Planning Department:
a) appropriate right-of-way be dedicated;
b) the overall gross density on any subdivision not exceed one
dwelling unit per 20 acres within the area outside ci tae
2010 Growth Ring, and not exceed one dwelling unit per 10
acres within the 2010 Growth Ring; and
c) the appropriate setbacks under the applicable zone be
maintained with the subdivision;3.
forward any recorded exemption referrals to the City of Greeley
Planning Commission where the Planning Commission's
interpretation is necessary or where compliance with the
Comprehensive Plan is in question; and
provide a regular update on the location and nature of reccrcec
exemptions referred by Weld County.
PASSED AND ADOPTED, SIGNED AND APPROVED, this 24th day of
September, 1985.
ATTEST
CITY OF GREELEY, PLANNING COMMISSION
C
.'i 4' (.2cL. ( •
Planning Commission. Secretary Chairperson
9500SO
I If
Weld County Department
of Planning Services
December 7, 1994
Page 2
Lastly, it is my understanding that Highway 34 is under study for widening. It may be
advisable to contact the State Highway Department regarding R.O.W. width.
Please call me at 350-9820 if you have questions or need additional information.
Respectfully,
Frank J. Stephens
Water and Sewer Director
njw
Attachments
xc: Mr. Dan Moore
Mr. Sam Boone
Mr. Greg Thompson
950060
I IT
Mt., mEmoRAnDum
WUDC. To
COLORADO
From
Subject:
Gloria Dunn
Weld County Planning
Date December 19, 1994
Trevor Jiricek, Supervisor, Environmental Protection Services
Case Number: RE -1680 Name: Brighi Fourth Family,Ltd.
SE4 of Section 04, Township 05 North, Range 66 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s). In the event the system(s)
is found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. regulations.
2. The Weld County Health Department does not encourage the use of cisterns
as a water supply. A cistern permit is required, however, it can only be
issued if the applicant meets all requirements of the ordinance.
TJ/cs-3827
t,47,2:10:91:14:1
950050
1 If
WiCYc.
a:kr
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
NOVEMBER 21, 1994 CASE NUMBER: RE -1680
TO WHOM IT MAY CONCERN:
Enclosed is an application from Louis J. Brighi Fourth Family Ltd. Partnership for a Recorded
Exemption. The parcel of land is described as Part of the SE4 SE4 Section 4, T5N, R66W of the
6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has
been submitted is west of and adjacent to 59th Avenue and north of and adjacent to U.S. Highway
34 Business Route.
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 December 6, 1994, so that we may give full consideration to
your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1.
2.
We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town for the
following reasons:
3. 4' We have reviewed the request and find no conflicts with our
interests. 64ovJ ACCESSES onJ Mv'LAR — opJE Prat L6uAL.
PatGEL. SEE AGGEh6 444SETT
4. A formal recommendation is under consideration and will be submitted to you
prior to:
5. Please refer to the enclosed letter.
Signed:P�
9k4"4f �/ Agency:
I(Cid
-
IIT
N0V
hrr r im -mint+
9500S0
2 r)1994 �
WFLD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North l lth Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750
I. Applicant Name The Louis J. alga Eburth fly L�imit�r��o1ne (303) 353-9966
Address 1300 Folmar Drive City Greeley r
rJtaT�p CO Zip 80634
2. Address or location of access Weld County Road 31 (59th Avenue)
Section 4 Township 5N Range 66W
Subdivision None Block Lot
Weld County Road # 31 Side of Road W N S E or W
Distance from & number of intersecting road Apx. 235 feet Iron U.S. Highway 34 Pusiness Route
3. Is there an existing access to the property? Yes x No # of accesses 2
4. Site Sketch gictkunkry
34
iVal&
Aerie t
sit' Aug
4-
********************************************■******************4**
5. Proposed use:.
x Permanent x Residential/Agricultural _ Industrial
Temporary x Commercial Subdivision Other
OFFICE USE ONLY
Road 9/4✓ ADT /4 'S Date 7- So Accidents 4' Date
/997
Road 034 RwyADT iog ioo Date /gyp Accidents Date 9Z
R7
4 7/
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized
Information Insufficient
Special Conditions
Reviewed by: Title:
:access.for
950050
1 IT
APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley. Colorado 80631
PHONE: (303) 353-6100, Ext. 3540, FAX 0 (303) 351-0978
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
CASE NO.
ZONING DISTRICT
DATE
RECORDING FEE
RECEIPT NO.
APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we), the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: See attached "Exhibit A"
TOTAL ACREAGE: Apx. 4.3
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: The Louis J. Brighi Fourth Family Limited Partnership
Address: 1300 Polomar Drive. Greeley. CO 80634
Name:
Address:
WATER SOURCE:
TYPE OF SEWER:
PROPOSED USE:
ACREAGE:
EXISTING DWELLINGS: (Yes or No) yes
Phone: (303) 353-9966
Larger Parcel Domestic Well
Larger Parcel Septic Tank
Larger Parcel Agricultural
Larger Parcel 2.9 acres
Phone:
Smaller Parcel
Smaller Parcel
Smaller Parcel
Smaller Parcel
(Yes or No) No
Water Cistern.
Septic Tank
Agricultural/Commercial
1.4 acres
I hereby state that all statements, proposals, or plans submitted with this
application are true and correct to the best of my knowledge.
THE LOUIS J. BRIGHI FOURTH FAMILY
LIMITED PARTNERSHIP,
Siggnatu
LO IS BRIGH
1 1T
or Authorized Agent
950060
EXHIBIT A
All that part of the SEN of the SE' of Section 4, Township 5 North,
Range 66 West of the 6th P.M., Weld County, Colorado, described as
follows:
Beginning at the southeast corner of said Section 4;
Thence northerly along the section line, 553.00 feet;
Thence westerly, parallel with the south line of said Section 4,
395.67 feet;
Thence southerly, parallel with the east line of said Section 4,
553.00 feet to the south line of the section;
Thence easterly along the south line of said Section 4, 395.67 feet
to the PLACE OF BEGINNING:
EXCEPT that portion thereof conveyed to The Department of Highways,
State of Colorado, by Special Warranty Deed recorded May 9, 1956,
in Book 1450 at Page 160, Weld County Records.
EXCEPT parcel conveyed to Henry Stencel and Mary Stencel by
Warranty Deed recorded June 24, 1966, in Book 570 as Reception No.
1491944, Weld County Records.
9500so
IT
RECORDED EXEMPTION QUESTIONNAIRE
1. Explain the reason for the proposed recorded exemption and how each
proposed lot will be used.
The reason for the exaiption is to allow Lot A to be sold to a purchaser who wants to use
Lot A for the commercial purpose of sale and storage of carpet and flooring materials.
Lot B would continue to be used for agricultural purposes.
2. Describe the location, size and present use of the area where each
proposed new lot will be created.
The present use of the area in which the new lot is to be created is agricultural. The
southeast portion of the lot as shown on the plat will be used to create the retail caanercial
binding the purchaser desires to 1 -mild. The purchaser understands the entire site cannot be
devoted to commercial uses without a zone change, hit that the southern portion of the property
is zoned for commercial use and may accoamodate the can ercial retail use the purchaser desires
to engage in.
3. Explain how the proposal is consistent with the Weld County Comprehensive
Plan and any adopted municipal plan, if applicable.
The proposed Lot A would be consistent with commercial zoning to the east, south and west of
the proposed new lot. Lot B, which is the agricultural parcel, is also consistent with
agricultural zoning to the north and is consistent with the existing use of the property.
4. Explain how the uses permitted will be compatible with existing uses
surrounding the proposed recorded exemption.
The proposed creation of Lots A and B is consistent with comercial use which is developed
to the south and west of Lot A. Lot B is also consistent with existing uses because the
balance of the property to the west and north has been historically and will likely rennin
agricultural in character.
5. Explain how the proposal is consistent with the intent of the zoning
district it is located within.
The agricultural use for Lot B is consistent with agricultural zoning to the north and west
of the property. Lot A, which would be zoned partially agricultural and partially commercial
unless a zone change is requested by the purchaser, would be consistent with zoning which has
existed on that property since the early 1970's.
6. Explain how the proposal is consistent with efficient and orderly
development.
The property is consistent with orderly development because the existing property owner is
not seeking to expand uses which were not previously all owed by the dual zoning of the parcel.
The development of the property to the southwest and east indicates that sane commercial
uses will be allowed in the area while the property to the north and west remains predominantly
agricultural.
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 agricultural use of Lot A does not or will not in the future impose a threat the
inhabitants of the neighbortwl. The same cm be said for the agricultural use for
A/�,�.� Lot B. The cannercial use that is prupwed for a portion of Lot A will not impact
950050 inhabitants of the area became use will be regulated by all County requirements to file
a site plan and County Health Pmparbnent requirements for septic tanks and storage of
domestic water. The proposed retail use will not have a negative impact upon the neighbori,wd
IT
B 1201 REC 02147280 07/07/88 16:11 $6.00 1/002
F 1702 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
WU.'S-Vi S&*'
WHEN RECORDED RETURN TO:
1300 Polomar Drive
Greeley, Colorado 80634
950050
QUITCLAIM DEED
AR2147280 LOUIS J. BRIGHI, whose street address is 1300 Polomar Drive,
City of Greeley, County of Weld, State of Colorado, for the
consideration of Ten Dollars ($10.00), in hand paid, hereby sell
and quitclaim to The Louis J. Brighi Fourth Family Limited
Partnership, whose address is 1300 Polomar Drive, City of
Greeley, County of Weld, State of Colorado, the following
described tract of land located in Weld County, Colorado, with
all its appurtenances, subject to the encumbrances owed thereon,
to -wit:
All that part of the SE 1/4 of the SE 1/4 of
Section 4, Township 5 North, Range 66 West of
the 6th P.M., Weld County, Colorado,
described as follows: Beginning at the
southeast corner of said Section 4; thence
northerly along the section line, 553 feet;
thence westerly, parallel with the south line
of said Section 4, 395.67 feet; thence
southerly, parallel with the east line of
said Section 4, 553 feet to the south line
of the section; thence easterly along the
South line of said Section 4, 395.67 feet to
the PLACE OF BEGINNING: EXCEPT that portion
thereof conveyed to The Department of
Highways, State of Colorado, by Special
Warranty Deed recorded May 9, 1956 in Book
1450, Page 160, Weld County Records. EXCEPT
parcel conveyed to Henry Stencel and Mary
Stencel by Warranty Deed recorded June 24,
1966, in Book 570 as Reception No. 1491944
Weld County Records.
Property Address: .s1o3 -/Z /O't rt a t-
SRo5 UJsor /O z,Q,7n. f
.&eAQix� , e� ado 8063/
uJJ
1 IT
95O0S0
B 1201 REC 02147280 07/07/88 16:11 $6.00 2/002
F 1703 MARY ANN FEUERSTEIN CLERIC i RECORDER WELD CO, CO
I IT
O
COLORADO
November21, 1994
Louis J. Brighi Fourth Family Ltd. Partnership
1399 Polimar Drive
Greeley, CO 80634
Subject: Recorded Exemption RE -1680
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Dear Mr. Brighi:
Your recorded exemption application will be processed on or before December 17, 1994. 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 City of Greeley Planning Commission for its review and comments. It is
recommended that you and/or a representative be in attendance at the City of Greeley's Planning
Commission meeting to answer any questions the Commission members may have with respect to your
application. Please call the Greeley Community Development Department at 350-9780, for further details
regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please let me know.
Sincerely,
RA_
GI•r'- Dunn
Current Planner
9500"30 1
IT
Hello