HomeMy WebLinkAbout20242444.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0019, OF FOUR -LOT RECORDED
EXEMPTION, RECX18-0143, FOR REMOVAL OF LOT D - MICHAEL AND
JANET OLIVER
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, on December 20, 2018, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX18-0143, and
WHEREAS, the Board has received a request from the current property owners, Michael
and Janet Oliver, 8505 County Road 84, Fort Collins, Colorado 80524-9136, to vacate Lot D of
Recorded Exemption, RECX18-0143, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX18-0143; being
part of the SW1/4 of Section 4, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
2
3. No existing easements are affected by this vacation of Lot D of Recorded
Exemption, RECX18-0143.
C r
7 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael and Janet Oliver, for Partial Vacation of Four -Lot
03 Recorded Exemption, RECX18-0143, for removal of Lot D, be, and hereby is, approved, subject
to the following condition:
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2024-2444
RECX18-0143
PARTIAL VACATION, VAC24-0019, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0143,
FOR REMOVAL OF LOT D - MICHAEL AND JANET OLIVER
PAGE 2
1 As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder. Any easement created by dedication on the original plat for
Recorded Exemption, RECX18-0143, and not vacated herein, shall be rededicated
on the exemption vacation plat in the signed Property Owner's Certificate.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .4A,J w ad :4
Weld County Clerk to the Board
BY: i flit • 6Ooa u) tic
Deputy Clerk to the Board
Cfiunty orney
Date of signature: a `20) 214
2024-2444
RECX18-0143
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject: Partial Vacation of RECX18-0143
Hearing Date: September 16, 2024
Owners: Michael and Janet Oliver
Legal Description: Lot D of Recorded Exemption RECX18-0143; being a part of the SW4 of Section 04, T7N,
R67W of the 6th P.M., Weld County, CO
Location: North and adjacent to County Road 84; approximately 0.50 Miles West of County Road
19
Parcel Number 0705-04-3-00-053
Total Parcel Size: +1- 121.6 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX18-
0143, recorded February 6, 2019, reception #4465255. This partial vacation of Lot B of RECX18-0143
would result in an approximately 121 acre unplatted parcel. Lot A, Lot B, Lot C of RECX18-0143 is not a
part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
(31111.4,
Vacation of Lot D of RECX18-0143 I OLIVER
Page 1 of 2
2024-2444
1Rie41$-01LF3
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot D of RECX18-0143 I OLIVER
Page 2 of 2
To Whom it May Concern,
UWe trY1 c Nara t-
3iAr4ET CDt_,vbe—
(Name of Property Owner)
are writing to request the (complete / partial) vacation of Lot of
(circle one) (Insert Lot Designation)
Recorded Exemption # 1:::40 5 - D 4 - 03 R E yc J $ - D 1 +3
(Insert Recorded Exemption number)
tc.1-}A EL t-4 fit 4(Zµ 74 JP► .-bET
Print: TT or uth ' gent , Date Print: Owner or Authorized Agent
Signature: Owner or Authorized Agent Signal Owner or Authorized Agent
Date it p-9
01/24 5
VACATION OF LOT D, RECORDED EXEMPTION NO. 0705-04-3 RECX18-0143
SITUATE IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO
nw uwn..�wAe iowi.�We9�ero�. uw by
ut
DRAT
VACATED PARCEL
LOT'D'
RECXIB-0193
LEGEND
o:`� spEe
MAJESTIC SURVEYING
1
RECORDED EXEMPTION NO. 0705-04-3 RECX18-0143
A PART OF THE SW 1/4 OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 67 WEST,
OF THE 6TH P.M., WELD COUNTY, COLORADO
LINE TABLE
RINTOJRLE
IENT: ORR LAND COMPANY
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HAMMER LAND SURVEYING, INC.
3050 67TH vVENUE, SUITE 200
GREELE, CO 80634
PH: 970-535-9318
RECORDED EXEMPTION
SECTION 4, TOWNSHIP 7 NORTH,
RANGE 87 HEST. 8TH P.M.
SECTION 4, TOWNSHIP 7 NORTH
RANGE 67 WEST, 6TH P.M.
DATE: 2/27/
ODg18024
8 RECX18-0143
Notice
Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered
on the Consent Agenda of the Weld County Board of Commissioners and no public testimony
shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda
by action of the Board, with said public hearing to be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street,
Assembly Room, Greeley, Colorado 80631, at the date and time specified below.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days
prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, if special accommodations are required in
order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Hearing Date: September 16, 2024
Hearing Time: 9:00 a.m.
Applicant:
Michael and Janet Oliver
8505 County Road 84
Fort Collins, Colorado 80524-9136
Request: Partial Vacation, VAC24-0019, of Four -Lot Recorded Exemption, RECX18-0143, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX18-0143; being part of the SW1/4 of
Section 4, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 84, approximately 0.50 miles west of County
Road 19 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: September 4, 2024
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ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX18-0143
Owner
JASON LOPEZ
JAMIE MCKINLEY
DANE AND ROBIN LUECK
MICHAEL AND JANET OLIVER
Address
712 OXFORD LANE
8095 COUNTY ROAD 84
8091 COUNTY ROAD 84
8505 COUNTY ROAD 84
City State
FORT COLLINS CO
FORT COLLINS CO
FORT COLLINS CO
FORT COLLINS CO
Zip
80525-2245
80524-8988
80524-8988
80524-9136
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RECX18-0143, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 4th day of September, 2024.
w�zlc,
1,01�
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
MAIL® RECEIPT
Domestic Mail Only
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/6/2024
10:18:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
(k) cut 1,0 dC,
Ii d 2 r Signature
Date
Property Owners Within 500 Feet of Parcel # 070504300053
Account
Parcel
Owner
Mailing Address
R8772500
070504000007
WHALEY JONI A
R8772500
070504000007
WHALEY MARK R
8240 COUNTY ROAD 86
FORT COLLINS, CO 805249156
R8955093
070504100022
DORRANCE CASSANDRA L
R8955093
070504100022
DORRANCE DANNY M JR
41621 COUNTY ROAD 19
FORT COLLINS, CO 80524
R6824696
070504200005
DEGI SANDRA K
R6824696
070504200005
DEGI GREG
8258 COUNTY ROAD 86
FORT COLLINS, CO 805249156
R8959142
070504300050
W'- pt
LOPEZ JASON J
712 OXFORD LN
FORT COLLINS, CO 805252245
R8959143
070504300051
Lc -3
MCKINLEY JAMIE
8095 COUNTY ROAD 84
FORT COLLINS, CO 805248988
R8959144
070504300052
L01-
LUECK ROBIN S
Parcels: 14
Owner Records: 21
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/6/2024
10:18:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
OM Oa/to1d&
sI Z(.QI v_t Signature
Date
Property Owners Within 500 Feet of Parcel # 070504300053
Account
Parcel
Owner
Mailing Address
R8959144
070504300052 /n
1,O4- C
LUECK DANE E
8091 COUNTY ROAD 84
FORT COLLINS, CO 805248988
R8959145
070504300053
L o
OLIVER JANET
R8959145
070501tOO4300053
L o T ' J
OLIVER MICHAEL
8505 COUNTY ROAD 84
FORT COLLINS, CO 805249136
R8959146
070504400033
JORGENSON NADIA
R8959146
070504400033
JORGENSON MITCHELL R
2614 MARSHFIELD LN
FORT COLLINS, CO 805242613
R8967154
070504400038
SEVERANCE TOWN OF
PO BOX 339
SEVERANCE, CO 805460339
R8984709
070505100002
MH BUFFALO JUMP DEVELOPMENT LLC
2809 E HARMONY RD STE 310
FORT COLLINS, CO 805283142
R8984708
070505400001
MH BUFFALO JUMP DEVELOPMENT LLC
2809 E HARMONY RD STE 310
FORT COLLINS, CO 805283142
R8981963
070509100041
MOORE LYNDA JO
Parcels: 14
Owner Records: 21
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/6/2024
10:18:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
ioui (Au up dt
g Its', r Signature
Date
Property Owners Within 500 Feet of Parcel # 070504300053
Account
Parcel
Owner
Mailing Address
R8981963
070509100041
MOORE LARRY G
8504 COUNTY ROAD 84
FORT COLLINS, CO 805249148
R8981964
070509200042
TKC PROPERTIES LLC
9969 COUNTY ROAD 74
SEVERANCE, CO 805502612
R8981965
070509200043
SOULONG BENOON
4348 WINTERSTONE DR
FORT COLLINS, CO 805255656
Parcels: 14
Owner Records: 21 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/6/2024
10:18:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 070504300053
Parcels: 14
Owner Records: 21
Dew
s-1
24 Signature
Date
Page 4of4
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: Len- 1C) I•ccx I $—o t O}o5- S 4 T -7-4R103-1,)
0q_o3
❑ Complete Vacation (must include all lots)
I Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
P
0I-o5043boo
53
13o.bo�
Ibo' Pow. au,.e 1-2,..1:12645559
Zo r IA) A --r...2. -.r. a Rae:*353-cticA1
30' Urn ,...t-ry t iA..ess EasenneoT
Property Owners) (Attach additional sheets if necessary.)
Name: O l r c.4 Aar- A ND JA r•r rr r Q c t u Et2
Company:
Phone #: (33J) SSt)-Zy t g Email: c71 i ver• I x153 &) g w,a_11 • Go m
Street Address: S5oS C_Otrn.s 4TY RD. er •T
City/State/Zip Code: o 0052.4
Applicant/Authorized Agent (Authorization focal must be included if there is an Authorized Agent)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penaSes of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if an Authorized Agent signs, an Authorization Form signed by aN fee owners must be included with the application. If the
fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision
exemptions.. n
Juluk.,,k
Signature: Owner or Authorized Agent Date ire: Owner or Authorized Agent
M Lrtat=L. Ot_r Jcr. -J lAuder ON ve.2
Print Owner or Authorized Agent Print Owner or Authorized Agent
oa
01/24 3
Weld County Treasurer
Statement of Taxes Due
Account Number R8959145 Parcel 070504300053
Assessed To
OLIVER MICHAEL
2286 TRESTLE RD
FORT COLLINS. CO 80525-6817
Legal Description
PT SW'4 4-7-67 LOT D REC EXEMPT RECX18-0143
Situs Address
8505 COUNTY ROAD 84 WELD
Year Tax
Tax Chars
Interest Fees
Payments Balance
2023 $4.406.34
Total Tax Charge
Grand Total Due as of 07/02/2024
Tax Billed at 2023 Rates for Tax Area 0403 - 0403
Authority
WELD COUNTY
SCHOOL DIST RFT-WINDSOR
NORTHERN COLORADO WATER
(NC
POUDRE VALLEY FIRE.
AIMS JUNIOR COLLEGE:
CLEARVIEW LIBRARY
Taxes Billed 2023
*Credit Levy
$0.00 $0.00 (84.406.34) $0.00
$0.00
50.00
Mill Levy Amount Values Actual Assessed
12.1)240000* $676.30 AG -DRY FARM LAND $9.749 $2,570
44.3820000 $2,496.48 AG -WASTE LAND $7 $10
1.0000000 $56,25 FARM/RANCH $856.020 $57,350
RESIDENCE -IMPS
II 0470000 $62) 39
6.3360000 $356.40
3.5460000 $199,46
78.3350000 64.406 34
Total
$865,776 $59,930
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Date D7/02JQL(
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CU 80032. (5/u) 455-31RU Page 1 of 1
Owed 01t.t0
Tide
SPECIAL WARRANTY DEED
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DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, Colorado 80631
Website: www.weldgov.com
Email: mnader@weldgov.com
Phone: (970) 400-3527
Fax: (970) 304-6498
December 20th, 2018
Ed Orr and Susie Ann Orr
1813 61st Ave Suite 200
Greeley, CO 80634
Subject: 4 -Lot Recorded Exemption RECX18-0143
Parcel ID #: 0705-04-0-00-017
Dear Mr. and Mrs. Orr,
The Department of Planning Services has reviewed your application and related materials for compliance
with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code
and it has been conditionally approved by staff. We have enclosed our comments for your case.
Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an
electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval
of the draft plat please submit a Mylar plat along with all other documentation required as conditions of
approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by
Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the
Administrative Review was signed or after the date of the Board of County Commissioners resolution. There
is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat;
additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June
1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative
Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period.
Please contact me with any questions.
Regards,
nAr�v� v
Maxwell Nader, Planner I
RECX18-0143
Page 1 of 6
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Ed Orr and Susie Ann Orr I RECX18-0143 I Planner: Maxwell Nader
Legal Description:
SW4 of Section 4, T7N, R67W of the 6m P.M., Weld County, CO
Parcel ID #:
0705-04-0-00-017
Lot A Size:
+/- 10 acres
Lot B Size:
+/- 14 acres
Lot C Size:
+/- 16 acres
Lot D Size:
+/- 120 acres
Water Source:
Lot A: NWCWD Proposed Tap
Lot B: NWCWD Proposed Tap
Lot C. NWCWD Proposed Tap
Lot D: NWCWD Proposed Tap
Sewer System:
Lot A: Proposed Septic
Lot B: Proposed Septic
Lot C: Proposed Septic
Lot D: Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Onsite Wastewater Treatment System regulations.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Poudre Fire Authority, as stated in the
referral response dated November 19.h, 2018. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
RECX18-0143
Page 2 of 6
B. The applicant shall address the requirements of Weld County School District RE -4, as stated
in the referral response dated October 24., 2018. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of
the Weld County Code. Net acreage calculations should not include future road right-of-way.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.B of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
3. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0705-04-3 RECX18-0143
B. A 30 -foot -wide joint access and utility easement extending across Lots A, B and C from
County Road 84, for the benefit of Lots A, B, C and D shall be shown clearly on the plat. The
joint easement shall be dedicated for the use as shown using the language set forth in the
Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide
all weather access.
C. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, or Commercial/Industrial). Public Works will review access locations as a part of
the plat submittal.
D. County Road 84 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-
of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-
of-way and the documents creating the existing right-of-way. If the existing right-of-way
cannot be verified it shall be dedicated. The applicant shall also delineate the physical location
of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way line.
This road is maintained by Weld County.
E. County Road 17 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of right-of-way. This road is not
maintained by Weld County. Any unmaintained road needs to be located/identified in
relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 17
Section Line Right-of-way, not County maintained"
F. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
4. 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 Code, the required setback is measured from
the future right-of-way line.
RECX18-0143
Page 3 of 6
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall
be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius
of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas
well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of
any wellhead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10.C of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
6) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way.
7) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
8) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
9) Any work that may occupy and or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
10) The historical flow patterns and runoff amounts will be maintained on the site.
11) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of the
use of such easements. No lot owner may install a gate or otherwise impede the use
of such easements without the approval of all persons with rights of use of such
easements.
12) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
13) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A, B, C and D have an adequate water supply
of sufficient quality, quantity and dependability.
14) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
RECX18-0143
Page 4 of 6
15) Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act.
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
17) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the State's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
19) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten
counties in the country in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
RECX18-0143
Page 5 of 6
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
By: Date: December 20"', 2018
Maxwell Nader, Planner I
RECX18-0143
Page 6 of 6
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