HomeMy WebLinkAbout20252914.tiffDEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject Partial Vacation of 1AMRECX20-18-0142
Hearing Date: October 27, 2025
Owners: County Road 84 LLC c/o Trevor Thiel
Representative: TSD Surveying c/o Tyler Dreman
Legal Description: Lot B of Amended Recorded Exemption 1AMRECX20-18-0142; being a part of the SE4 of
Section 4, T7N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 84; West of and adjacent to County Road 19
Parcel Number: 0705-04-4-00-038
Total Parcel Size: +/- 120 acres Zone District A (Agricultural)
Summary:
VRc,Z5, as I q
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Amended Recorded Exemption
1AMRECX20-18-0142, recorded June 24, 2020, reception #4602143. This partial vacation of Lot B of
1AMRECX20-18-0142 would result in an approximately 120 acre unplatted parcel. Lot A of 1AMRECX20-
18-0142 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.
Vacation of Lot B 1AMRECX20-18-0142
Page 1 of 2
2025-2914
(41,413f,a
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 1AMRECX20-18-0142
Page 2 of 2
To Whom it May Concern,
I/We COUNTY ROAD 84 LLC
(Name of Property Owner)
are writing to request the (complete / partial) vacation of Lot B
(Circle one) (Insert Lot Designation)
Recorded Exemption NO. 0705-04-4 1AMRECX20-18-0142
(Insert Recorded Exemption number)
TYLER DREMAN 9/30/2025
of
Print: Qlvrfey'or-A orr edAgent Date Print: Owner or Authorized Agent Date
Signat: Owner or Authorized Agent Signature: Owner or Authorized Agent
01/24 5
VACATION PLAT OF LOT B,
AMENDED RECORDED EXEMPTION NO. 0705-04-4 1AMRECX20-18-0142
LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 7N, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
1.TCAL DESCRIPTION TO BE VACAIFD
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AMENDED RECORDED EXEMPTION NO. 0705-04-4 IAMRECX20-18-0142
being a part of the Southeast 1/4 of Section 4, Township 7 North, Range
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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:
County Road 84, LLC
do Trevor Thiel
1570 Colorado Parkway
Eaton, Colorado 80615
Request: Partial Vacation, VAC25-0019, of Two -Lot Amended Recorded Exemption,
1AMRECX20-18-0142, for Removal of Lot B
Legal Description: Lot B of Amended Recorded Exemption, 1AMRECX20-18-0142;
being part of the SE1/4 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; west of and adjacent to County
Road 19 (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 1 AMRECX20-18-0142
Owner
Name
Address 1
City
State
Postal
Code
CO
80524-2613
MITCHELL
AND
NADIA
2614
MARSHFIELD
LN
FORT
COLLINS
JORGENSON
CO
80615-0254
COUNTY
ROAD
84
LLC
PO
BOX 254
EATON
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 Amended Recorded Exemption, 1AMRECX20-18-0142, in the United States Mail,
postage prepaid First Class Mail as listed above, this 15th day of October, 2025.
4
JetiotQ-• le)* • I, OA utrck--
Janet M. Warwick
Deputy Clerk to the Board
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CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com'J.
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PS Form 3800 Januar 2023 PSN 7530-02-000-9047
Page 1 of 1
Pursuant to Section 24-11-50.1.1 of the
considered on the Consent Agenda of tb
public testimony shall be heard unless it i
on the regular Agenda by action of the I
Chambers of the Board of County Co
County Administration Building, 11
Colorado 80631, at the date and time sp
If a court reporter is desired, please ac
five days prior to the hearing. The cost o
requesting party. In accordance with
accommodations are required in order fo
the Clerk to the Boa' d's O ftic'i at (970)
The complete case file may be examine
Commissioners, Weld County Admi
Colorado 80631. Email messages ser
included in the case file. To ensure inc
case file, please send a copy to eges
Hearing Date: October 27, 2025
Hearing Time: 9:00 a.m.
Applicant:
County Road 84, LLC
c/o Trevor Thiel
1570 Colorado Parkway
Eaton, Colorado 80615
Request: Partial Vacation, VAC2E
1AMRECX20-18-0142, for Removal of L
Legal Description: Lot B of Amendec
being part of the SE1/4 /4 of Section 4, To
Weld County, Colorado
Location: North of and adjacent to Cc
Road 19 (see Legal Description for prec
Board of County Commissioners
Weld County, Colorado
Dated: October 15, 2025
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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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Adult Signature Required $
Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
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SENDER: COMPLETE THIS SECTION
• 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.
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9589 0710 5270 15❑4 7268- 13
PS Form 3811, July 2020 PSN 7530-02-000-9053
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Domestic Return Receipt ;:
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/29/2025
1:09:34 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.
C4atrik ticatio-d,
Signature
Oglza1zoz5
Date
Property Owners Within 500 Feet of Parcel# 070504400038
Account
Parcel
Owner Mailing Address
R8987680
R8987680
R8987681
R8987681
R8955093
R8955093
R6824696
R6824696
R8959145
R8959145
R8959146
070503300033
070503300033
070503300034
070503300034
070504100022
070504100022
070504200005
070504200005
070504300053
070504300053
070504400033
GELVIN LESLIE R
GELVIN JEANNE
GELVIN LESLIE R
GELVIN JEANNE
DORRANCE DANNY M JR
DORRANCE CASSANDRA L
DEGI GREG
DEGI SANDRA K
OLIVER MICHAEL
OLIVER JANET
JORGENSON MITCHELL R
40719 REMINGTON RD
FORT COLLINS, CO 805249052
40719 REMINGTON RD
FORT COLLINS, CO 805249052
41621 COUNTY ROAD 19
FORT COLLINS, CO 805249140
8258 COUNTY ROAD 86
FORT COLLINS, CO 805249156
8505 COUNTY ROAD 84
FORT COLLINS, CO 805249136
2614 MARSHFIELD LN
FORT COLLINS, CO 805242613
Page 1 of 3
Property Owners Within 500 Feet of Parcel# 070504400038
R8959146
R8959148
R8959148
R8967153
R8967154
R8981963
R8981963
Parcels: 10
070504400033
Lot Fir
070504400035
070504400035
070504400037
070504400038
Lofl
070509100041
070509100041
JORGENSON NADIA
PERSON TYLER
PERSON CHRISTINA
OZTEK INVESTMENTS LLC
COUNTY ROAD 84 LLC
SHIMP TYLER
SHIMP LAUREN
Owner Records: 18
8637 COUNTY ROAD 84
FORT COLLINS, CO 805249135
PO BOX 698
WINDSOR, CO 805500698
PO BOX 254
EATON, CO 806150254
8504 COUNTY ROAD 84
FORT COLLINS, CO 805249148
Page 2 of 3
Property Owners Within 500 Feet of Parcel# 070504400038
cos.M rl r
res# °. w 444
rAger * atilh tat
AIM allikra At
Page 3 of 3
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: Amend RE No.0705-04-4 1AMRECX20-18-0142
❑Complete Vacation (must include all lots)
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
B
070504400038
120.13
NONE
Acreage Affected Easements
S 4 T 7N R 66W
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Trevor Thiel
Company: County Road 84 LLC
Phone #: 970-978-0800
Email: trevor@threetrealty.com
Street Address: 1570 Colorado Parkway
City/State/Zip Code: Eaton Co 80615
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: TYLER DREMAN
Company: TSD Surveying
Phone #: (970) 590-2197 Email: tylerdreman@gmail.com
Street Address: 13013 COUNTY ROAD 86
City/State/Zip Code: PIERCE, CO, 80650
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.
7/25/2025
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
TYLER DREMAN
Pint: Owner or Authorized Agent Pint: Owner or Authorized Agent
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1402 NORTH 17TM AVENUE
PO BOX 758
GREELEY, CO 80632
AUTHORIZATION FORM
Trevor Thiel for County Road 84, LLC give permission to TYLER DREMAN
I, (We),
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
070504400038
Legal Description: Lot a 1AMRECX20-18-0142 of Section 4 , Township 7 N, Range 66 W
Subdivision Name: Amend RE No.0705.04-4 Lot A Block N/A
Property Owners Information:
1570 Colorado Parkway, Eaton CO 80615
Address:
Phone: 970-978-0800
E-mail: trevor@threetrealty.com
Authorized Agent/Applicant Contact Information:
13013 COUNTY ROAD 86, PIERCE CO, 80650
Address:
Phone: (970) 590-2197
E -Mail: tylerdreman@gmail.com
Correspondence to be sent to: Owner a_ Authorized Agent/Applicant EL by: Mail, Email
Additional Info: N/A
I (We) hereby 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.
Owner Signature
Date l,131/Es Date
Owner Signature
Sub ibed annd worn to before me this day of
�evve 7A, e./
My commission expires [`r/ F�,97
REBECCA S. WAG
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 19954005129
4 COMMISSION EXPIRES APRIL 4, 2027
, Colorado
Secretary of State
Colorado Secretary of State
10#:20251752464
Document #: 20251752464
Filed on: 07/07/2025 08:34:35 AM
Paid: $50.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is County Road 84, LLC
The principal office street address is
1570 Colorado Pkwy
Eaton CO 80615
US
The principal office mailing address is
PO Box 254
Eaton CO 80615
US
The name of the registered agent is TYSON MICHAEL LETLOW
The registered agent's street address is
1570 Colorado Pkwy
Eaton CO 80615
US
The registered agent's mailing address is
1570 Colorado Pkwy
Eaton CO 80615
US
The person above has agreed to be appointed as the registered agent for this entity.
The management of the limited liability company is vested in Managers
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
Trevor Thiel
PO Box 254
Eaton CO 80615
US
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of
each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the
document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if
applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the
document are true and the document complies with the requirements of that Part, the constituent documents, and the organic
statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not
such individual is named in the document as one who has caused it to be delivered.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Trevor Thiel
PO Box 254
Eaton CO 80615
US
Weld County Treasurer
Statement of Taxes Due
ut\wnhcrR8,,I,4
Parc,I 0,50440003S
OWN OF
PO BOX II,
CO80,6-033,
Legal Description Situs Address
P"f SE4 1-7-66 LOT [3 AMA) RI, I.\1:\II' I. I \\tit!•.C\20-IX-t)112
Year
Tax interest
Fees Payments
Grand Total Due as of 07/25/2025 $0.00
IaN liillad at 2,124 Raley Iur I;i \rc;i (,403 - ;14(13
Authority
141-I.I)(()t \(l
SC.). I)IS1 RI,J-\\IN; )St1R
\OR'llll R\ cYII.OR:\I)C)
t\C'
l'c)F DRt. \ \I I_I?Y 118!
CIA..\R\ 1{•:\\ 1.1138:\Rl
laws t3ill d 20,
Credit I ck
Mill Levy
I5'J5(,i)tl ,
7X 3I9000()
I .r)0000
I I (i4711.011
346.100
Amount Values Actual Assessed
St1UU 1 AIAII'"I - I'OI.I ; IC.\I 59.636 S2,5�0
Si) Ul) NONRI:SII)I_\ I I \I_
\\D- .tC
till 2O
Sof!1
t 7 3(10(11) FU l
S';./ 36 S2.540
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 17. 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.
Si9 ned t(tw1 V kaRr Date: J202'5
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
5041372 07/16/2025 10:01 AM
Total Pages: 2 Rec Fee: $43.00 Doc Fee: $72.50
Carly Koppes - Clerk and Recorder, Weld County , CO
Order No.: 598-HS0847622-414
Doc Fee: $72.50
SPECIAL WARRANTY DEED
THIS DEED, Made this 14th day of July, 2025, between
Town of Severance
HT(
grantor(s), and
County Road 84, LLC, a Colorado limited liability company
whose legal address is 0 County Road 84, Fort Collins, CO 80524
grantee(s);
WITNESS, That the grantor(s), for and in consideration of the sum of Seven Hundred Twenty -Five
Thousand And No/100 Dollars ($725,000.00), the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the grantee(s), their heirs and assigns forever, all the real property together
with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO, described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 0 County Road 84, Fort Collins, CO 80524
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s),
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances except for taxes for the current year, a lien but not yet due and payable, subject to
statutory exceptions as defined in CRS 38-30-113, revised.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee(s), their heirs, and assigns forever. The grantor(s), for themselves, their heirs and
personal representatives or successors, does covenant and agree that they shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under the grantor(s).
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
GRANTOR:
Town of Severance
BY:
Nicholas W+
Town Mana
State Of Colorado /
(so
County of UJQ,i C4
The ,,egoi r instrument was acknowledged before me this ``( day oll'i" 2025 by
tt
W--rton`l0 i men Manager of Town of Severance.
Notary Public
My Commission Expires:
(SEAL)
Deed (Special Warranty -Legal)
COD1296.tloc / Uptlated: 10.25.24
Page 1
.Antoinette Afire.
Notary Public
State of Colorado
Notary ID 20134063299
My Ccmmiastn Expires: October 21, 2025
5041372 07/16/2025 10:01 AM
Page 2 of 2
EXHIBIT "A"
Legal Description
Lot B of Amended Recorded Exemption No. 0705-04-4 1AMRECX20-18-0142, according to the map
recorded June 24, 2020 at Reception No. 4602143 and surveyor's Affidavit of Correction recorded July 9,
2020 at Reception No. 4606564, being a Part of the Southeast 1/4 of Section 4, Township 7 North, Range
67 West of the 6th P.M.,
County of Weld, State of Colorado.
Deed (Special W artanry • Legal)
COD1296et / Updated: 10.2.24
Page 2
Yr]
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
May 7, 2020
Black Hills LLC c/o Ed Orr
1813 61St Avenue Suite 200
Greeley, CO 80634
Subject: Amended Recorded Exemption 1 AMRECX20-18-0142
Parcel ID #5: 0705-04-4-00-036 & 0705-04-4-00-034
To whomever it may concern,
The Department of Planning Services has reviewed your application and related materials for compliance
with the Weld County Code. We find that your proposed Amended 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,
tvc
Maxwell Nader. Planner I
1AMRECX20-18-0142
Page 1 of 6
DEPARTMENT OF PLANNING SERVICES
AMENDED RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant
Black Hills LLC c/o Ed Orr 11AMRECX20-18-0142 I Planner: Maxwell Nader
Legal Description:
Lots B and D of Recorded Exemption RtECX18-0142; being a part of the SE4 of Section 4,
T7N, R66W of the 6 P.M., Weld County, CO
Parcel ID #s:
0705-04-4-00-036 & 0705-04-4-00-034
Lot B Before Size:
+/- 8 acres
Lot D Before Size:
+/- 135 acres
Lot B After Size:
+/- 22 acres
Lot D After Size:
120+ acres
Water Source
Before/After:
Lot A: Proposed NWCWD Tap
Lot B: Proposed NWCWD Tap
Sewer System
Before/After:
Lot A: Proposed Septic
Lot B: 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 concerns of the Public Works Referral dated April 14, 2020
relating to the proposed Lot B and Lot D access locations.
B. Lot B 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.
1 AM RECX20-18-0142
Page 2 of 6
C. 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.
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.
3. Items to be included on the plat
A. The plat shall be titled: Recorded Exemption No. 0705-04-4 1AMRECX20-18-0142.
B. 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 delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. 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 Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
C. County Road 19 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 delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. 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 Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
D. Show and label the existing and proposed access points and the usage types (Agricultural,
Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations
as a part of the plat submittal.
E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-70.E of the Weld County Code.
F. Show and label all recorded easements by book and page number or reception number and
date.
4. The following notes shall be placed on the plat:
1) The purpose of this amendment is to adjust the boundaries between Lots B and D of
RECX18-0142 now known as Lots B and D of 1AMRECX20-18-0142. Lots A and C of
RECX18-0142 are not part of this amendment.
2) 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 occupied building or structure shall be constructed within two hundred (200) feet of
any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
1AMRECX20-18-0142
Page 3 of 6
4) Lot B is not eligible for a future land exemption in accordance with Section 24-8-20.C.3
of the Weld County Code.
5) 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.
6) 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.
7) 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.
8) 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.
9) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
10) 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.
11) 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.
12) The historical flow patterns and runoff amounts will be maintained on the site.
13) 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.
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot B and D have an adequate water supply of
sufficient quality, quantity and dependability.
15) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
16) 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.
17) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
1AMRECX20-18-0142
Page 4 of 6
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.
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
1 AMRECX20-18-0142
Page 5 of 6
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.
8. The applicant shall create and submit unrecorded deeds for all the newly created lots; deeds shall
include the legal description of each recorded exemption lot. New deeds are required even if lots will
remain under the same ownership.
/v�
4? /7
By: Date: May 7, 2020
Maxwell Nader, Planner I
1 AM RECX20-18-0142
Page 6 of 6
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