HomeMy WebLinkAbout20252913.tiffDEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject: Partial Vacation of RECX16-0197
Hearing Date: October 27, 2025
Owners: Wendy Chambers
Representative: Orr Land Company c/o Tammy Ellerman
Legal Description: Lot B of Recorded Exemption RECX16-0197; being a part of the W2 of the NE4 ff Section
1, T1 N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to Highway 52; Approximately 0.25 miles west of County Road
37
Parcel Number: 1471-01-1-00-011
Total Parcel Size: +/- 71 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX16-
0197, recorded October 24, 2018, reception #4441173. This partial vacation of Lot B of RE16-0197 would
result in an approximately 71 acre unplatted parcel. Lot A of RECX16-0197 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.
2025-2913
Vacation of Lot B of RECX16-0197
Page 1 of 2
-I Ec.K (0 O (c'i
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 B of RECX16-0197
Page 2 of 2
To Whom it May Concern,
I/We C 4/t Qi
(Name of Property Owner)
are writing to request the (complete vacation of Lot V of
(Circe one, (insert Lot Designation)
Recorded Exemption IZE-C4-j L.p -t7111
(Insert Recorded Exemption number)
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P : Owner o* Auth ed Agent Date Print: Owner or Authorized Agent Date NSignature: Owfter or Authorized Agent Signature: Owner or Authorized Agent
01/24
5
VACATION PLAT FOR LOT B. RECORDED EXEMPTION NO. RECX16-0197
Port of the WMt 1/2 of tM NortMOH 1/4 of S.ction t,
Township 1 No h, Bony 86 West of tM 6th P.M.,
County of Weld, stale o1 Colorado.
Sheet 1 of 1
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PROPERTY DESCRIPTION BEFORE VACATION
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PROPERLY DESCRIPTION AFTER VACATION
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RECORDED EXEMPTION NO. 1471-01-01 RECX16-0197
Part of the West 1/2 of the Northeast 1/4 of Section 1,
Township 1 No h, Range 66 West of the 6th P.M.,
County of Weld, State of Coloratlo.
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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: October 27, 2025
Hearing Time: 9:00 a.m.
Applicant:
Wendy Chambers
17617 State Highway 52
Fort Lupton, Colorado 80621
Request: Partial Vacation, VAC25-0017, of Two -Lot Recorded Exemption,
RECX16-0197, for Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX16-0197; being part of the
W1/2 NE1/4 of Section 1, Township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Location: North of and adjacent to State Highway 52; approximately 0.25 miles west of
County Road 37 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: October 15, 2025
Weld County Clerk to the Board's Office
Certificate of Mailing Form
Partial Vacation of RECX16-0197
Owner
Name
Address
1
City
State
Postal
Code
JOSE
VILLELA
411
ZANTE
WAY
LOCHBUIE
CO
80603-9794
17617 STATE
HIGHWAY
52
FORT
LUPTON
I CO
80621-8603
WENDY
CHAMBERS
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, RECX16-0197, in the United States Mail, postage prepaid First
Class Mail as listed above, this 15th day of October, 2025.
(--iticeent 1,0a)tusidc
Janet M. Warwick
Deputy Clerk to the Board
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U.S. Postal Service"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy)
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❑ Certified Mail Restricted Delivery $
❑ Adult Signature Required
Adult Signature Restricted Delivery $
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Postage
Total Postage and Fees
Sent To
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PS Form 3800 Januar 2023 PSN 7530-02.000.9047 See Reverse for Instructions
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1. Article Addressed to:
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9589 0710 5270 1504 7267 Rn
PS Form 3811, July 2020 PSN 7530-02-000-9052
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Total Postage and Fees
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• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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D. Is delivery address different from i m 0 Yes
If YES, enter delivery address belo : No
8062,
2. Article Number (Transfer from service label)
9589 0710 5270 1504 7267
PS Form 3811, July 2020 PSN 7530-02-000-9053
3. Service Type
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Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/29/2025
2:54:35 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, https://maps.weld.gov/propertyportal/, 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# 147101100011
Signature
q
1 Zq 1 Z5
Date
Account
Parcel
Owner
Mailing Address
R4956108
R4956208
R4486706
R4486706
R4486806
R4486906
R8957187
130936300007
130936300008
130936400002
130936400002
130936400003
130936400004
130936400010
ELLIS ANDREW
DLI PARTNERS LLLP
CAMARGO EDWARD
CAMARGO JAZMINE
N E
WADFORD NORDYKE GLORIA
GARCIA JESUS
CHRISTIANSON WILLIAM HOWAR
LIVING TRUST
17469 COUNTY ROAD 14
FORT LUPTON, CO 806218608
9757 ALTON WAY
HENDERSON, CO 806408496
17781 COUNTY ROAD 14
FORT LUPTON, CO 806218608
17617 COUNTY ROAD 14
FORT LUPTON, CO 806218608
270 TERRA VISTA ST
BRIGHTON, CO 806014170
17553 COUNTY ROAD 14
FORT LUPTON, CO 806218608
R8957187
130936400010 CHRISTIANSON CLARE AMANDA
LIVING TRUST
R8957187
R8957188
R8957188
130936400010
130936400011
130936400011
K AND R SCHORZMAN TRUST
MUMMA CODY D
MUMMA ALISHA J
17609 COUNTY ROAD 14
FORT LUPTON, CO 806218608
Page 1 of 4
Property Owners Within 500 Feet of Parcel# 147101100011
R6090086
147101000014
NEL 2000INVESTMENT PARTNERS
LLLP
167 E BRIDGE ST
BRIGHTON, CO 806011612
R6090186
147101000015
MARTIN JAMES I REVOCABLE LIVING 14591 JUNCTION RD
TRUST ELDRIDGE, MO 654638223
R6090186
147101000015
MARTIN SHIRLEY A REVOCABLE
TRUST
M6090386
147101000016
MARTIN JAMES
14591 JUNCTION RD
ELDRIDGE, MO 654638223
R6090286
147101000016
MARTIN JAMES I REVOCABLE LIVING 14591 JUNCTION RD
TRUST ELDRIDGE, MO 654638223
R6090286
147101000016
MARTIN SHIRLEY A REVOCABLE
TRUST
R6091086
147101000022
WHITE RENE M
17808 COUNTY ROAD 14
FORT LUPTON, CO 806218609
R6091186
147101000023
BARRIO FRANCISCO H VEGA
17888 COUNTY ROAD 14
FORT LUPTON, CO 806218609
R6091186
147101000023
BARRIO HAI LEY A VEGA
R0100687
147101000063
WHITING AARON
17427 HIGHWAY 52
FORT LUPTON, CO 806218603
R0100687
147101000063
WHITING LINDA
R0100387
R0032488
R0032488
147101000064
147101000065
147101000065
PERKINS LAND & LIVESTOCK V LLC 1514 MAIN ST # ST/PO BOX 267
UNIONVILLE, MO 635651658
BRAUN RICHARD 17855 HIGHWAY 52
FORT LUPTON, CO 806218630
BRAUN CAROLYN
R0032388
147101000066
ROSSMAN WILLIAM K
17755 HIGHWAY 52
FORT LUPTON, CO 806218629
R8957218
147101100010
Lb+ A
VILLELA JOSE M
411 ZANTE WAY
LOCH BU I E, CO 806039794
M8959069
147101100011
CHAMBERS MATTHEW
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
M8959052
147101100011
CHAMBERS WENDY
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
R8957219
147101100011
Lb+ ITh
CHAMBERS WENDY
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
M6090886
147101100011
WILLIAMS GORDON
C/O MATT AND WENDY CHAMBERS
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
M8959069
147101100011
CHAMBERS WENDY
M6090786
R8957220
147101100012
147101100012
CHAMBERS MATTHEW
CHAMBERS WENDY
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
17617 HIGHWAY 52
FORT LUPTON, CO 806218603
Page 2of4
Property Owners Within 500 Feet of Parcel# 147101100011
M6090786 147101100012 CHAMBERS WENDY
R8965133 147101300002 REYNOLDS ROGER D 17376 HIGHWAY 52
FORT LUPTON, CO 806218631
R8965133 147101300002 REYNOLDS PEGGY A
R8965137 147101300003 WELD COUNTY 1150 O ST
GREELEY, CO 806319596
R8965138 147101300004 FARMERS RESERVOIR AND 80 5 27TH AVE
IRRIGATION COMPANY BRIGHTON, CO 806012602
R8946745 147101300076 HAYS CHANTEL PO BOX 527
FORT LUPTON, CO 806210527
R8946745 147101300076 HAYS STEPHEN DALE
Parcels: 23 Owner Records: 41
Page 3 of 4
Property Owners Within 500 Feet of Parcel# 147101100011
Page 4 of 4
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: • Date Received:
Amount $ Case # Assigned: VAC .25,t't`,1`i
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: S T R
O Complete Vacation (must include all lots)
pi Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
141101(noot(
`11,aS
Property Owner(s) (Attach additional sheets if necessary.)
Name: \/1/41
Name:
Company:
Phone #: 303 - 9 13 - SD $ Email: jutr_c n bra ( . nj � . row,Street Address: 1 l to I"7
City/State/Zip Code: X1024
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name rtxtc c 1 �
Company: vur \ l[u,� ( i..rtu..tt(
T
Phone #: (10-S-3"\— g7-10 Email: _1- a_w w.1
Street Address: 1 k 3 L I S _ 4 2OO
City/State/Zip Code: y,e.P \t r ( "'T)(e,3c1
I (We) hereby depose and sta a under penalts 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 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 . . • comply with the regulations for complete or partial vacation of recorded exemptions or subdivision
exe ions.
ature: Owne or =^" orized Agent
1\tx
riot: Owner o uthorized Agent Print: Owner or Authorized Agent
140r
4
D e Signature: Owner or Authorized Agent Date
01/24 3
Departments of Planning
Building. Development Review
and Environment Health
1402 North 17. Avenue
P.O. Box 758
Greeley, CO 80632
Authorization Form
Left). At` , give permission b LL1n C' � tat AA.AZ
(O _ ) (Au • ed A WApplicant-please print)
to apply for any Planning, Building, Access, Grading or °WT8 permits on our behalf, for the property located at
(address or parcel number) below:
141 m -I t ()anti
Legal Description: 412,. N of Section �, Townships_ N, Range, 1. L W
Subdivision Name Lot Block
Property Owners Information:
Address: ('1 Le 1 7 4u14 S 2. 17;t LLItht (O '0(p2-1 —
Phone: 3OTb- Q - SO$ E-mail: Ju.lesr, kS LL 601.4,
Authorized Agent/Appicant Contact information:
Address: 141 r% ]i d` L 00
Phone: ' in - S 3 1- e d E -Mail: +rii,..,„n„y ,wt( 44,4
Correspondence to be sent to: Owner Authorized Agent/Applicant y by: Mail Email y
Additional Into:
I (We) herby certify. under penalty of perjury and after carefully reading the entire contents of this document.
that the Information stated above is true and correct to the best of my (our) knowledge.
., _k Data L. . %q- ZS Date
Owner Signature Owner Signature
Subscribed and sworn to before me this 194%, day of J \) IN 'L , 20 2 c by
106.14 W3cp,r-(ku.Lvi
My commission expires JVA 4 ZS, W 2
CHANCE RANK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY I0 20244023982
MY COMMISSION EXPIRES JUNE 25, 2028
01/24
Weld County Treasurer
Statement of Taxes Due
Account Number 88957219 Parcel 147101100011
Legal Description Situs Address
PT W2NE4 1-1-66 LOT B REC EXEMPT RECX16-0197 EXC [PER RES
Account. 88957219
CHAMBERS WENDY
17617 HIGHWAY 52
FORT LUPTON, CO 80621-8603
Yasr Tax Interest Pea Payments Balance
Tax Charge
1p*4
Total Tax Charge
$516.90 $0.00
50.00 ($516.901
S0.00
50.00
Grand Total Due a of 081�06l2025 50.00
Tax Billed at 2024 Rates for Tax Area 2240 - 2240
Authority
WELD COUNTY
SCHOOL DIST RE8-FORT LUPTON
CENTRAL. COLORADO WATER
(CCW
FORT LUPTON FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 2024
• Credit Levy
Mill Levy Amount Values Actual Assessed
15.9560000• $151.58 AG -GRAZING LAND $1,759 5460
18.5080000 SI75 82 AG -WASTE LAND $23 SI0
1.0170000 59 66 OTHER BLDGS.- $34,207 59,030
AGRICULTURAL
9 4460000
6.3050000
3.1790000
589.74
559.90
330.20
54 4110000 S5I6 90
Total 535,989 59,500
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
1 !F►JMAI r1FR []R TA A[1VFRT CIN(� At,lh f11CTRAINT AillaRRANT FEES
Weld County Treasurer's Office
1400 N 17° Avenue
PO Box 458
Greeley, CO 80832
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:
i
L
DI D
At 1{' V
4164168 12/09/2015 02 46 PM
Iota, Pages 1 Rec Fee $11 00
Carty Koppel Clerk and Recorder Weld County CO
QIIIIY'IAIM 'MIA,
TILLS DEED, dated AIN) Ni„ d CIS
between Matthew Carl Chambers sod Weedy Kay Chambers, of the County of Weld and
State of Colorado, grantors, and Wendy Kay Chambers whose legal address is 17617 Highway
52, Fort Lnpton, Colorado 80621 of the County of Weld and State of Colorado grantee,
N7TNF.SS, that the grantor(s), for an in consideration of the S.rm of TEN DOLLARS and zero
cents (31000), the receipt and sufficiency of which to hereby acknowledge, have remised.
rcicased, sold and QUTTCLAIMF.U, and by these presents do remise, release, sell and
OUTICLAIM unto the grantee her bees, successors sod assigns forever, all the right, tile,
interest, claim and demand which the grantoee have to and to the real property, together with
improvements, if any, situate, lying and being in the County of Weld and State of Colorado,
described as follows:
THE WEST VS OF THE NORTHEAST y OF SECTION 1, TOWNSHIP 1 NORTH RANGE 66
WEST OF THE 6n' PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO
EXCEPTING TSIF.REFTIOM A STRIP OF !ANT) C'ONVT-YET) TO THE FARMERS
RESERVOIR AND IRR1(OATtONCOMPANY IN DELI) Etc ORDtII DECEMBER Mttt,R 11, 1'►14
IN HOOK 406 AI' PAGE 2R2
NO f)OC' FEE tranafeenrd as a result of Court Order
also (mown by street and number as: 17617 Highway 52, Fort Lipton. Colorado 80621
assessor's schedule or parcel number: 147101000019
TO HAVE AND TO BOLD the same, together with all and singular the appurtenances and
privileges Lbcoeuoto belonging, or in anywise (hereunto appertaining, and all the estate, right,
loin, interest and claim whatsoever of the grantors, with to law or equity, to the only proper use,
beoefit and beboof of the grantee her heirs and emirs forever
LX WITNESS WHEREOF, the grantors have executed this deed on the date set forth above.
STATE OF COLORADO )
) M.
COUNTY OF u 10,11* 5
Matthew Carl Chambers
The fotegoiag immanent was acknowledged before me this - 3 day of (\ in)o ,e tXE l2_
2015, by Matthew Carl Chambers.
Witness my hand and official seal.
My cc
STAG R DANIEL
ROTARY PUSt to
STATE OP COLORADO
NOTARY O 2012400TSS9
comiaatON EONS HINIUM Y I MI6
STATE OF COLORADO )
COUNTY or !jell )
Notary Ptbltc
Wendy Kay Chambers
The foregoing instrument was aclmowtedged before me this / day of OVetIAL,
2015, by Weedy Kay Chambers.
Wades my rued sod official seal.
My commissars' eopba:: 7 a31t d
Mil! R tsala1111
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March 27. 2017
Wendy Kay Chambers
17617 State Highway 52
Fort Lupton, CO 80621
Subject: 2 -Lot Recorded Exemption RECX16-0197
Parcel ID #: 1471-01-0-00-019
Dear Wendy,
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, Colorado 80631
Website: www.weldgov.com
Email: rreddick@weldgov.com
Phone: (970) 400-3527
Fax: (970) 304-6498
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,
Ryder f�ddick, Planney?
r
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Wendy Kay Chambers I RECX16-0197 I Planner: Ryder Reddick
Legal Description:
Being the W2 NE4 of Section 1, T1N, R66W of the 6'^ P.M., Weld County, CO
Parcel ID #:
1471-01-0-00-019
Lot A Size:
+/- 4 acres
Lot B Size:
+/- 74 acres
Water Source:
Lot A: Proposed Well
Lot B: Wet Permit #202169
Sewer System:
Lot A: Proposed Septic
Lot B: Septic Permits G-19820038
& G-19869007
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.
Narrative:
The proposed exemption seeks to create a 2 -Lot Recorded Exemption RECX16-0197 by splitting off a new
4 acre home site (Lot A) from the remaining 74 acre parcel (Lot B). In conjunction with this Recorded
Exemption, Subdivision Exemption SUBX17-0005 is being done to separate off one additional existing
residence (original farm house) from the property. There is an active Use by Special Review on the entire
property (USR-742) signed by the Board of County Commissioners on July 28, 1986 for a horse training
and breeding center.
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 the proposed lots. Property
owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,
RECX16-0197
Page 1 of 7
"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.
3. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will comply
with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size
to allow the installation of a septic system the lot may need to be enlarged.
4. Prior to recording the plat
A. There is a Use by Special Review Permit USR-742, Reception #02069305, for a Horse Training
and Breeding Center in the A (Agricultural) Zone District. This USR encompasses the entire
area of both proposed Lot A and Lot B and the proposed Subdivision Exemption lot SUBX17-
0005 being created in conjunction with this Recorded Exemption. The applicant shall address
the continued operation of USR-742 and which lot(s) it is to be associated with. If the applicant
wants to remove any of the lots from USR-742, a partial vacation or complete vacation should
be done prior to recording the Recorded Exemption plat.
B. If the applicant intends to utilize the existing septic system for the one modular home and the
mobile home for employee housing or other employee use, the septic system shall be reviewed
by a Colorado Registered Professional Engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed the system shall be brought into compliance with
current Regulations.
C. All septic systems must be located on their respective lots and meet all lot line set back
requirements. Provide a drawing of the septic system, with dimension and distances from lot
lines, to the Weld County Department of Public Health and Environment for verification of
setbacks. Evidences c I from the l lealth Depaime_a hall be submitted to l._
.7CWQl.fal. Evidence of approval from 1116 I ICQllll VC'/QI lI1lClll shall be .7tJUII11llCV lV the
Department of Planning Services.
D. Building department records show permits for Three Residential Units, (Single Wide
manufactured home, Double Wide manufactured home, and the Principal Dwelling).
Assessor's records show four residential units on the property, with the fourth unit being a
single wide manufactured home, for which no building permit exist on record. The year of the
single wide manufactured homes is not exactly known, but the building department has
determined that it is a pre -HUD home (Built prior to 1976). Per County Code, Sec. 29-2-110. -
Mobile and manufactured home installation standards: "Any mobile or manufactured home
located in or relocated within the County shall bear a Housing and Urban Development (HUD)
label." One of the single wide manufactured homes on site has no record of building permits
being issued for it. Due to this fact, per current code this mobile home cannot be issued a
building permit as it does not comply with Sec. 29-2-110 of the Weld County Code, and must
be removed from the property or demolished on site.
E. In the application material well permit #202169 is proposed to be the water provider to both Lot
Q d the CI BX17 0O05 Lot. If both .ties to till -.n the tine 11 for to three
B and the VVu/\1�-0005 LVa. 11 both properties ere to Y1111GG the existing well for V� to 111155
residential dwellings, the applicant shall submit a joint ownership, access and/or operation
maintenance agreement for the shared well. The declaration and easement agreement shall
be recorded separately and the recordation number indicated on the plat per the Weld County
Clerk and Recorders reception number.
RECX16-0197
Page 2 of 7
F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State
Highways. Please contact CDOT at the Greeley office (970-350-2148) for any additional
requirements that may be needed.
G. The applicant shall provide to the Weld County Department of Planning Services a copy of the
access permit issued by the Colorado Department of Transportation (CDOT) which grants
access to State Highway 52, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation (CDOT).
H. The applicant shall address the requirements (concerns) of the Colorado Division of Water
Resources, as stated in the referral response dated January 26, 2017. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
I. The applicant shall address the requirements (concerns) of the Colorado Division of
Transportation, as stated in the referral response dated December 27, 2017. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
J. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated January 10, 2017. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
K. The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton,
as stated in the referral response dated March 8, 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
L. The applicant shall address the requirements of Weld County School District RE -8, as stated
in the referral response dated January 3, 2017. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
M. Lot A 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.
N. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
O. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
P. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
Q. RECX16-0197 shall be recorded prior to but in conjunction with SUBX17-0005
R. If demolishing or removing an existing structure, specifically a mobile/modular home, please
contact the Weld County Treasurer's office at 970-353-3845, to ensure that the taxes have
been paid and that this structure is removed from the tax roll.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1471-01-01 RECX16-0197
RECX16-0197
Page 3 of 7
B. A 30 foot wide joint access and utility easement extending across the Subdivision Exemption
Lot SUBX17-0005 from State Highway 52, for the benefit of the SUBX17-0005 Lot and Lot B
of RECX16-0197, 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. All approved accesses off of County Road 14 shall be clearly shown on the plat and labeled
with the approved access permit number (AP17-00005). The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved
road access point.
D. Show all approved Colorado Department of Transportation access point(s) on the plat and
label with the approved CDOT access permit number.
E. Contact the Colorado Department of Transportation (CDOT) for information regarding the
Rights -of -Way for State Highway 52 and denote them on the plat with the book and page or
recorded reception number.
F. County Road 14 is a gravel road and is designated on the Weld County Road Classification
Plan 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. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County.
G. State Highway 52 requires 200 feet of right-of-way at full build out. A total of 100 feet from the
centerline of State Highway 52 shall be delineated as edge of future right-of-way for State
Highway 52. At a minimum no new structures should be allowed to be built with this frontage.
H. 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.
I. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
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.
21 Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
RECX16-0197
Page 4 of 7
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) 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.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of sufficient
quality, quantity and dependability.
7) Potential purchasers should be aware that Lot A may not be eligible fora domestic well
permit which allows for outside irrigation and/or the watering of stock animals. The
State Division of Water Resources issues all well permits.
8) 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.
9) 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.
10) The property owner shall control noxious weeds on the site.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) SUBX17-0005 was approved in conjunction with this Recorded Exemption for the
purpose of dividing off a second set of existing improvements from the parcel.
13) 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.
14) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
15) 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.
16) Potential Purchasers are hereby notified that a horse training, breeding and boarding
center is permitted by USR-742 Reception #2069305, and is located on the proposed
Recorded Exemption lots.
17) 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,
RECX16-0197
Page 5 of 7
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.
18) 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
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.
RECX16-0197
Page 6 of 7
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 buming present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmers 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 mapstfco.weld.co.us.
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.
,a,9);41,
Ryde(Seddick, Planer
RECX16-0197
Page 7 of 7
Date: March 27, 2017
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