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RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #2444 - BRYANT GORDON
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., 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 #2444, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #2444 was submitted by Bryant
Gordon, 4172 Weld County Road 11, Erie, Colorado 80516, for property which is located in part
of the SW'V4 of Section 12, Township 1 North, Range 68 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 two parcels estimated to be
approximately 2.9 acres more or less.
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 #2444 by Bryant
Gordon be and hereby is, approved, conditional upon the following:
1. A Weld County Septic Permit is required for any proposed home and shall be
installed according to the Weld County Individual Sewage Disposal System
(I.S.D.S.) regulations.
2. Weld County Road 11 is designated on the Transportation Plan Map as a local
gravel road which requires sixty (60) feet of right-of-way at full build-out. There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld
County Road 11 shall be delineated on the plat.
3. The applicant shall utilize the existing access easement, recorded in the Office of
the Weld County Clerk and Recorder at Book 664, Reception Number 1586270,
to this parcel as no additional accesses shall be granted from Weld County
Road 11; therefore, Lots A and B shall share an access easement. The
applicant shall notify and acknowledge to each of the parties to the Easement
Maintenance Agreement, recorded in the Office of the Weld County Clerk and
Recorder on November 15, 1976, at Book 782, Reception Number 1703624, or
to their successors in title, that an additional residential access shall be utilizing
the easement and they will be bound by all of the terms and promises set forth in
said Agreement. A copy of such notification and acknowledgment shall be
provided to the Department of Planning Services.
991023
CC R Ardor) RE2444
RE #2444 - BRYANT GORDON
PAGE 2
4. Prior to recording the plat:
A. All approved accesses shall be clearly shown on the plat.
B. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District as stated in a referral response received
February 26, 1999.
C. The applicant shall attempt to address the requirements of the St. Vrain
Valley School District, RE-1J as stated in a referral response received
March 16, 1999.
D. The Non-Commercial Junk Yard located on the eastern boundary of the
property shall be removed, totally enclosed within a building or structure,
or visually screened from all adjacent properties and public rights-of-way,
pursuant to the definition of a Non-Commercial Junkyard in the Weld
County Zoning Ordinance. The property is in violation of the Weld
County Zoning Ordinance. The applicant shall schedule a final inspection
with Sharyn Frazer, Weld County Zoning Compliance Officer, and submit
a copy of the closure letter indicating compliance with the Weld County
Zoning Ordinance.
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 A (Agricultural) Zone
District and Weld County Ordinance #201. 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 the site must obtain the
appropriate zoning and building permits and meet requirements
and design standards as outlined in Weld County
Ordinance #201.
3) Prior to the release of building permits on Lots A or B, the
applicant will be required to submit a recorded deed describing
the lot(s) upon which the building permit(s) is/are requested with
the building permit application(s). The legal description on such
deed shall include the lot and Recorded Exemption number.
4) Prior to the release of building permits on Lots A and B, the
applicant shall submit evidence to the Department of Planning
Services that each lot has an adequate water supply of
sufficient quality, quantity and dependability.
5) The applicant/landowner shall be responsible for controlling the
noxious weeds on the property or those which become
established as a result of the proposed development, pursuant to
Ordinance #169-A.
991023
RE2444
RE #2444 - BRYANT GORDON
PAGE 3
6) The development of this property shall be in compliance with all
applicable design standards as outlined in Weld County
Ordinance #201.
7) Subsequent Recorded Exemption applications on adjacent
properties will raise the issue of compliance with the intent of the
Recorded Exemption process. Approval of this Recorded
Exemption does not guarantee approval of future applications on
adjacent properties.
8) In accordance with Section 11.7.1.12.5 of the Subdivision
Ordinance, the applicant shall place the dedication of easement
on the final plat.
5. Any proposed subdivision adjacent to or contained within this Recorded
Exemption may be considered to be urban scale development and may require
urban scale infrastructure.
6. The applicant shall submit a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall
be prepared in accordance with the requirements of Section 11.7 of the Weld
County Subdivision Ordinance. The plat shall be submitted within sixty (60) days
from the date of approval by the Department of Planning Services. The
applicant shall be responsible for paying the recording fees.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO R
ATTEST:
.r.
Dal K. Ball, Chair
Weld County Clerk t.,tie
��1r ,/ arb-ra J. Kirkmeyer ro-Tem
BY: n.
tl�l V
Deputy Clerk to the Bo- - � `- °' �• �
Geor Baxter
AS TO FORM:
M. . Geile
ounty Attorney 0-e-a _
G enn as
991023
RE2444
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