HomeMy WebLinkAbout20240070.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0055, OF FOUR -LOT RECORDED
EXEMPTION, RECX17-0170, FOR REMOVAL OF LOT D - MICHAEL MCCRERY
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 November 30, 2017, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX17-0170, and
WHEREAS, the Board has received a request from the current property owner,
Michael McCrery, 1719 Mulberry Street, Fort Collins, Colorado 80524, to vacate Lot D of Four -lot
Recorded Exemption, RECX17-0170, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX17-0170; being
part of the SW1/4 of Section 14, Township 9 North,
Range 64 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.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael McCrery, for Partial Vacation of Four -Lot Recorded
Exemption, RECX17-0170, for removal of Lot D, be, and hereby is, approved, subject to the
following condition:
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.
4941017 Pages: 1 of 2
01/24/2024 10:49 AM R Fee:$0.00
Carly Koppee, Clerk and Recorder, Weld County , CO
IllirdrinLIVICAN M arillifilliFINWIN, Bill
CC :PL (ER/HN/E5) RsR (soao.
APrL.
02 /26/244 2024-0070
RECX17-0170
PARTIAL VACATION, VAC23-0055, OF FOUR -LOT RECORDED EXEMPTION, RECX17-0170,
FOR REMOVAL OF LOT D — MICHAEL MCCRERY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C , . „1 `v& ;ok
Weld County Clerk to the Board
(wad_
Deputy Clerk to the Board
APP AS
County : ney 1 I
Date of signature: 1 1 ` 2 4
4941017 Pages: 2 of 2
01/24/2024 10:49 AM R Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County , Co
�- n
Ke :.:_! Ross, Chair
elc27_1„1
Perry L. B d k, Pro-Tem
Mike Freeman
Scott K. James
sine
2024-0070
RECX17-0170
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Eric Sheley, Planner
Subject Partial Vacation of RECX17-0170
Hearing Date: January 8, 2023
Owners: Michael McCrery
1719 E. Mulberry St, Fort Collins, CO 80524
Legal Description: Lot D of Recorded Exemption RECX17-0170; being a part of the SW4 of Section 14, T9N,
R64W of the 6th P.M., Weld County, CO
Location: East of and adjacent to WCR 57; North of and adjacent to WCR 104
Parcel Number: 0459-14-3-00-029
Total Parcel Size: +1- 140.87 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX17-
0170, recorded January 31, 2018, reception # 4372176. This partial vacation of Lot D of RECX17-0170
would result in an approximately 140.87 acre unplatted parcel.
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.
it
Vacation of Lot D of RECX17-0170 I McCrery
Page 1 of 2
2024-0070
,fc.K1"1- Dill)
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 RECX17-0170 I McCrery
Page 2 of 2
DocuSign Envelope ID: 65009676-D7AA-47D1-BCC5-7D8F3FEF105F
To Whom it May Concern,
I/We Michael 3. MCCrery
(Name of Property Owner)
are writing to request the (complete / partial) vacation of Lot D of
(Circle one) (Insert Lot Designation)
Recorded Exemption Recorded Exemption No. 0459-14-03 RECX17-0170
wen Recorded Exemption number)
Michael 3. Mccrery
11/14/2023
Print: Owner or Authorized Agent
Do
cuSigned by:
°C3�°-Owner or Authorized Agent
Date Print: Owner or Authorized Agent
11/14/2023
Date Signature: Owner or Authorized Agent
T
Lot D
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Lo*f1 Lot LotC
6.5Ic. 6.5 & 6.5AL
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VACATION OF LOT D OF RECORDED EXEMPTION NO. 0459-14-03 RECXI7-0170
BEING LOCATED WITHIN THE SOUTHWEST ONE —QUARTER OF SECTION 14,
TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE SIXTH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
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EXEMPTION NO. 0459-14-03 RECX17-0170
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COUNTY OF WELD, STATE OF COLORADO
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LEGAL DESCRIPTION
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PROPERTY OWNER'S CERTIFICATE
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DEPARTMENT OF PLANNING SERVICES ACCEPTANCE:
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SURVEYOR'S CERTIFICATE:
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RECORDED EXEMPTION NO. 0459-14-03 RECX 17-0170
THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH,
RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
LEGEND
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will 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 time specified.
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.
Date: January 8, 2024
Time: 9:00 a.m.
Applicant:
Michael McCrery
1719 East Mulberry Street
Fort Collins, Colorado 80524
Request: Partial Vacation, VAC23-0055, of Four -Lot Recorded Exemption, RECX17-0170, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX17-0170; being part of the SW1/4 of
Section 14, Township 9 North, Range 64 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 57; north of and adjacent to County Road 104
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: December 8, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX17-0170
Owner
ELIJAH AND HEIDI OLMSTEAD
JESSE RUNYON AND SUNNIE
STEWART
JOHN AND MORGAN RYAN
MICHAL MCCRERY
Address
51004 COUNTY ROAD 57
51008 COUNTY ROAD 57
51012 COUNTY ROAD 57
1719 EAST MULBERRY STREET
City
AULT
State
CO
AULT CO
AULT CO
FORT COLLINS CO
Zip
80610-9214
80610-9214
80610-9214
80524-3523
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, RECX17-0170, in the United States Mail,
postage prepaid First Class Mail as listed above.
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Deputy Clerk to the Board
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/11/2023
1:44:10 PM
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.
)%1'I LOOA LLV1 UC,
Signature
IZIII jZ3
Date
Property Owners Within 500 Feet of Parcel # 045914300029
Account
Parcel
Owner
Mailing Address
R0379486
045914000008
MAGRUDER ANNE H
6001 E SOUTHERN AVE UNIT 27
MESA, AZ 852063614
R0379686
045914000017
LYNCH RANCH LLP
51788 COUNTY ROAD 57
AULT, CO 806109214
R6775886
045914200001
LYNCH RANCH LLP
51788 COUNTY ROAD 57
AULT, CO 806109214
R8952908
045914300026
OLMSTEAD HEIDI C
R8952908
045914300026
12► - PY
OLMSTEAD ELIJAH B
51004 COUNTY ROAD 57
AULT, CO 806109214
R8952909
045914300027
1_
1 1.
RUNYON JESSE LEE
R8952909
045914300027 ,,
1,43
STEWART SUNNIE CHRISTINA
51008 COUNTY ROAD 57
AULT, CO 806109214
R8952910
045914300028 1
Lb4-
RYAN JOHN
R8952910
045914300028
]
1.1)'f,
RYAN MORGAN
51012 COUNTY ROAD 57
AULT, CO 806109214
Parcels: 15
Owner Records: 18
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/11/2023
1:44:10 PM
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.
Jam/0(1A (DI z.k.
121 11) Z 3 Signature
Date
Property Owners Within 500 Feet of Parcel # 045914300029
Account
Parcel
Owner
Mailing Address
R8952911
04591 /4300029
L4 1)
MCCRERY MICHAEL J
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R8982125
045915100028
COBRA VENTURES LLC
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R8982126
045915100029
COBRA VENTURES LLC
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R8964115
045915400003
CMH HOMES INC
5000 CLAYTON RD
MARYVILLE, TN 378045550
R8982134
045915400036
COBRA VENTURES LLC
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R8982135
045915400037
COBRA VENTURES LLC
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R0382786
045923000003
U S A
2850 YOUNGFIELD ST
LAKEWOOD, CO 802157210
R8946861
045923200023
GONZALES CONRAD J
50994 COUNTY ROAD 57
AULT, CO 806109212
R8946863
045923200025
MCCRERY MICHAEL J
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
Parcels: 15
Owner Records: 18
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/11/2023
1:44:10 PM
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 # 045914300029
JQ,, riOCIAELT-Lic
H123
Signature
Date
T
S
Parcels: 15 Owner Records: 18
Page 3 of 3
DocuSign Envelope ID: 75B8D30E-5F07-42D5-AE6A-CC9D1EF35B3D
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Recorded Exemption No. 0459-14-03 RECX17-0170
❑Complete Vacation (must include all lots)
0 Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
S 14 T9 R64
D
045914300029
140.87
None
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Michael J. McCrery
Company:
Phone #: 970-214-7612
Email: michaelmccrery@colorado-land.com
Street Address: 1719 E. Mulberry Street
City/State/Zip Code: Fort Collins, CO 80524
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent)
Name: Michael J. McCrery
Company:
Phone #: 970-214-7612 Email: michaelmccrery@colorado-land.com
Street Address: 1719 E. Mulberry Street
City/State/Zip Code: Fort Collins, CO 80524
I (We) hereby depose and state under penalties 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. If an Authorized Agent signs, an Authorization Form signed by all 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.
—DoeuSigned by:
1141061, 114-6/Lni
'-'3IlliceittWeiATher or Authorized Agent
11/9/2023
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
Weld County Treasurer
Statement of Taxes Due
Account Number 88952911 Parcel 045914300029
Assessed To
MCCRERY MICHAEL J
1719E MULBERRY ST
FORT COLLINS, CO 80524-3523
Legal Description Situs Address
SW4 14-9-64 LOT D REC EXEMPT RECXI7-0170
Year Tax
Tax Charge
Interest Fees
2022 $333.06 $0.00
Total Tax Charge
Grand Total Due as of 11/15/2023
Payments Balance
$0.00 ($333.06)
$0.00
$0.00
$0.00
Tax Billed at 2022 Rates for Tax Area 3875 - 3875
Authority
WELD COUNTY
SCHOOL DIST RE2
NUNN FIRE
AIMS JUNIOR COLLEGE
Ill.{ PLAINS LIBRARY
Taxes Billed 2022
• Credit Levy
Mill Levy
15.0380000*
34.9570000''
3.594000()
6.3070000
3.1810000
Amount Values Actual Assessed
$79.40 AG -DRY FARM LAND $19,972 $5,270
$184.58 AG -WASTE LAND $20 $10
$18.98 Total $19,992 $5,280
$33.30
$16.80
63.0770000 $333.06
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 1716 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 tl11s parcel have been paid in full.
MSigned.
Date:
\i2023
1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
4932628 Pages: 1 of 1
11/28/2023 09:14 AM R Feu $13.00 0 Fee:$0.00
Carly Koppes Clerk and Recorder. Weld County CO
VIII 114FgriiihV NANhifil++Ng MIIY1, iI II I
Quit Claim Deed
(Pursuant to 38-30-116 C.R.S)
THIS DEED, made on 1\ \a..1 -W. by MICHAEL J. MCCRERYGrantor(s), of the County of
LARI MIERand State of COLORADO forthe consideration of 'I." TENAND NO/100S """ dollars in hand paid,
hereby sells and madam; to MICHAEL J. MCCRERYGrantee(s), whose sttnet address is 1719E MULBERRY
ST, FORT COLLINS, CO 80524 County of LAMER, State of COLORADO, the following real property in the
County of WELD, and State of Colorado, to wit:
LOT D, RECORDED EXEMPTION NO. 0459-14-03 RECX17-0170, RECORDED
JANUARY 31, 2018AT RECEPTION NO 4372176, BEING A PART OF THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
with all its appurtenances.
7)Z#/JMICHMCCRERY
State of COLORADO
County of c
)ss
DONNA MANCI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 19894016570
M Commission Expires: November 17, 2025
The foregoing instrument was acknowledged before me this day of t ' &g. \.cp"3
by MICHAEL J. MCCRERY
Notary Public I
My commission expires ` l --\ `t s a J
When recorded return to: MICHAEL J. MCCRERY
1711 E MULBERRY ST, FORT COLLINS, CO 80524
November 30, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N. 17"' Avenue
Greeley, Colorado 80631
Website: www.weldgov.com
Email: mhall@weldgov.com
Phone: (970) 400-3528
Fax: (970) 304-6498
Michael J. McCrery
1719 E Mulberry Street
Fort Collins, CO 80524
Subject: 4 -Lot Recorded Exemption RECX17-0170
Parcel ID #: 0459-14-3-00-002
Dear Michael J. McCrery,
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,
//
Michael Hall
Planner I
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Michael
J.
McCrery
RECX17-0170
Planner:
Michael
Hall
Legal
Description:
Being the
SW4
of
Section
14,
T9N.
R64W of
the 6th P.M.,
Weld
County.
CO
Parcel
ID
#:
0459-14-3-00-002
Lot
A Size:
+/- 6.5 acres
Lot
B Size:
+/- 6.5 acres
Lot
C Size:
+/- 6.5 acres
Lot
D Size:
+/- 140
acres
Water
Source:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
Well
Well
Well
Well
Sewer System:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
Septic
Septic
Septic
Septic
Yes No
X
Criteria Checklist
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 The applicant has proposed a well as the source of adequate water for Lots Al B. C and D. Property
owners are advised that the quantity of water available for usage may be limited to specific uses,
i.e., "Domestic Use Only," etc. Because each situation is unique. the Department of Planning
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver. Colorado 80203. Phone 303-866-3581), to
discuss each individual situation.
RECX17-0170
Page 1 of 6
3. The West Greeley Conservation District has provided information regarding the soils on the site.
The applicant shall review the information and use it to positively manage on site soils.
4. Prior to recording the plat:
A. The applicant shall address the requirements of Weld County School District RE -2, as stated
in the referral response dated 09/26/2017. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
B. Lots A, B and C shall comply with the two and one-half (2 1/2) 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.
C. 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.
D. 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.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0459-14-03 RECX17-0170
B. The applicant shall obtain an access permit from the Weld County Department of Public
Works. All approved accesses shall be clearly shown on the plat and labeled with the
approved access permit number. The applicant shall contact the Weld County Department
of Public Works to determine if a culvert is necessary at any approved road access point.
C. County Road 57 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. This road is maintained by Weld County.
D. County Road 104 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.
E. Show and label the section line Right -of -Way as "CR 104 Section Line Right-of-way, not
County maintained"
F. Show and label the approved Right -of -Way permit for any work being proposed within the
non -maintained County ROW.
G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
H. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
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6. 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.
* 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 access will be utilizing unmaintained County right-of-way. Maintenance of the
unmaintained County right-of-way will not be the responsibility of Weld County.
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) 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.
9) 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.
10) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability.
11) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter.
12) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
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13) The property owner shall control noxious weeds on the site.
14) The historical flow patterns and runoff amounts will be maintained on the site.
15) 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.B.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.
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) Potential Purchasers are hereby notified that a microwave tower is permitted by
USR-555 and is located directly north of the proposed Recorded Exemption.
Specifically, east and adjacent to County Road 57 and approximately 0.3 miles south
of County Road 106. Off -site impacts that may be encountered include maintenance
related activities.
19) 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.
20) WELD COUNTY'S RIGHT TO FARM: 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
RECX17-0170
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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.
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.
7. 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.
8. 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.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to
maps@co.weld.co.us.
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10. 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: 11/30/2017
Michael Hall, Planner I
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