HomeMy WebLinkAbout20231842.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0037, OF TWO -LOT RECORDED
EXEMPTION, RE -3576, FOR REMOVAL OF LOT B - MARK AND
BEVERLY WEINMASTER
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 June 19, 2003, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -3576, and
WHEREAS, the Board has received a request from the current property owners, Mark and
Beverly Weinmaster, 19736 County Road 40, LaSalle, Colorado 90645-9427, represented by
Patrick McNear, Scott Realty Company, 1212 8th Avenue, Greeley, Colorado 80631, to vacate
Lot B of Recorded Exemption, RE -3576, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -3576; being part
of the NE1/4 of Section 32, Township 4 North,
Range 65 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 Mark and Beverly Weinmaster, for Partial Vacation of
Two -Lot Recorded Exemption, RE -3576, for removal of Lot B, be, and hereby is, approved,
subject to the following condition(s):
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.
4909735 Pages: 1 of 2
07/18/2023 10:40 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII IL�9ICPiAlll 'Ilikli III r4411:1411f NY,KIQU II 111
CC'.PL('VP/MN(MW), fipPL.
07/A6/23
2023-1842
RE -3576
PARTIAL VACATION, VAC23-0037, OF TWO -LOT RECORDED EXEMPTION, RE -3576, FOR
REMOVAL OF LOT B - MARK AND BEVERLY WEINMASTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddzty,t) ..d40:e,
Weld County Clerk to the Board
Coun orney
Date of signature: 07/11/.23
4909735 Pages: 2 of 2
07/18/2023 10:40 , A R Fee1�:x$0.00• `I�r W''`
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2023-1842
RE -3576
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject Partial Vacation of RE -3576
Hearing Date: June 28, 2023
Owners: Mark and Beverly Weinmaster
Legal Description: Lot B of Recorded Exemption RE -3576; being a part of the NE4 of Section 32, T4N, R65W
of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 40; approximately 0.50 miles East of County
Road 39
Parcel Number: 1055-32-1-00-048
Total Parcel Sizes +/- 66.79 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RE -3576,
recorded October 30, 2003, reception #3122188. This partial vacation of Lot B of RE -3576 would result in
an approximately 66 acre unplatted parcel. Lot A of RE -3576 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.
6/28
Vacation of Lot B of RE -3576 I Weinmaster
Page 1 of 2
2023-1842
RE -3576
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 RE -3576 I Weinmaster
Page 2 of 2
REALTY CO.
Serving Northern Colorado for over 100 years
1212 8t" Avenue, Greeley, Colorado 80631
(970) 352-1212 Fax: (970) 352-1215
Weld County
Department of Planning Services
1402 N. 17th Avenue
Greeley, Colorado 80632
RE: Request to vacate Lot B RE/3576 & Lot B RE 2708
ATTN: Chris Gathman
Chris,
Mark and Beverly Weinmaster are the owners of Lot B RE -3756 and Duane and Kathy Klinger own Lot B
RE -2708. They both desire to vacate the Lot B portions of the existing recorded exemptions, which they
currently own. Please refer to the applications to vacate that were submitted to the Department of
Planning Services and proceed with that process. Please advise if you require anything additional from
me. Thank you.
Patrick McNear
Owner/Broker
Scott Realty Co.
1212 8th Avenue
Greeley, Colorado 80631
CR 40_
mi
T4N R65W
) CR 38
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VACATION OF LOT B OF RECORDED EXEMPTION NO. 1055-32-1 RE -3576
BEING LOCATED WITHIN THE WA OF THE NEY4 OF SECTION 32,
TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PM.,
COUNTY OF WELD, STATE OF COLORADO.
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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: June 28, 2023
Time: 9:00 a.m.
Applicant:
Mark and Beverly Weinmaster
19736 County Road 40
La Salle, Colorado 80645-9427
Request: Partial Vacation, VAC23-0037, of Two -Lot Recorded Exemption, RE -3576, for Removal
of Lot B
Legal Description: Lot B of Recorded Exemption, RE -3576; being part of the NE1/4 of
Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 40; approximately 0.50 miles east of County
Road 39 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 16, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -3576
Owner
DOUGLAS AND MICHELLE
SWEET
MARK AND BEVERLY
WEINMASTER
PATRICK MCNEAR
SCOTT REALTY COMPANY
Address
19788 COUNTY ROAD 40
19736 COUNTY ROAD 40
1212 8TH AVENUE
City State Zip
LA SALLE CO 80645-9427
LA SALLE CO 80645-9427
GREELEY CO 80631
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, RE -3576, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 16th day of June, 2023.
vu) de -
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
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MARK AND BEVERLY WEINMASTER
19736 COUNTY ROAD 40
LA SALLE, CO 80645-9427
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PATRICK MCNEAR
SCOTT REALTY COMPANY
1212 8TH AVENUE
GREELEY, CO 80631
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Certified Mail Fee
cxtra oervices tk Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
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DOUGLAS AND MICHELLE SWEET
19788 COUNTY ROAD 40
LA SALLE, CO 80645-9427
r Instructions
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
3:31:02 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.
Oar\ Wcowi a
Ll , 1.20 Signature
Date
Property Owners Within 500 Feet of Parcel # 105532100048
Account
Parcel
Owner
Mailing Address
R2463103
105529100010
SPAYD HAY CO
2640 176 FRONTAGE RD
HUDSON, CO 806429014
R2524803
105529400012
OFFINGA WILLIAM J
R2524803
105529400012
OFFINGA JAYLEEN THERESE
21506 COUNTY ROAD 43
LA SALLE, CO 806458810
R2525003
105529400014
SPAYD HAY CO
2640 176 FRONTAGE RD
HUDSON, CO 806429014
R4372286
105532000007
RAY PATRICIA A TRUST
17376 COUNTY ROAD 46
LA SALLE, CO 806458720
R7796299
105532000024
TILGHMAN JUDY R
R7796299
105532000024
TILGHMAN GLENN D
PO BOX 2094
WINTER PARK, CO 804822094
R8756600
105532000034
SWEET MICHELLE L
R8756600
105532000034
SWEET DOUGLAS J
19788 COUNTY ROAD 40
LA SALLE, CO 806459427
Parcels: 13
Owner Records: 21
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
3:31:03 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.
L nWcutai J
I ts5 Signature
Date
Property Owners Within 500 Feet of Parcel # 105532100048
Account
Parcel
Owner
Mailing Address
R8756700
105532000035
KLINGER KATHY
R8756700
105532000035
KLINGER DUANE
120 18TH ST
GREELEY, CO 806315911
R0541101
105532000037
HOEY LYNA D REVOCABLE LIVING TRUST
R0541101
105532000037
HOEY DANNY L REVOCABLE LIVING TRUST
14749 6300 RD
MONTROSE, CO 814039328
R2707204
105532100047
L4A
SWEET MICHELLE L
R2707204
105532100047
L.U4- 0
SWEET DOUGLAS J
19788 COUNTY ROAD 40
LA SALLE, CO 806459427
R2707304
105532100048
L4
WEINMASTER BEVERLY
R2707304
105532100048
1/13 4- -5
WEINMASTER MARK
19736 COUNTY ROAD 40
LA SALLE, CO 806459427
R4496306
105532200004
SANDQUIST MELONY KAY LEBLANC
6608 W 3RD ST UNIT 70
GREELEY, CO 806349031
Parcels: 13
Owner Records: 21
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
3:31:03 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.
OaA t.o) Le I ture
, Signature
Iz3
Date
Property Owners Within 500 Feet of Parcel # 105532100048
Account
Parcel
Owner
Mailing Address
R2142903
105532200041
CLYNCKE RHONDA K
R2142903
105532200041
CLYNCKE TERRY P
19476 COUNTY ROAD 40
LA SALLE, CO 806459427
R2165803
105532300043
CORNELIUS JANE EVANS
3405 PENROSE PL STE 105
BOULDER, CO 803011819
Parcels: 13
Owner Records: 21 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
3:31:03 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 # 105532100048
Parcels: 13
Owner Records: 21
Uct_o vicu )
Signature
Date
Page 4 of 4
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: Lot B, RE -3576
®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
105532100048
67.250
None
Acreage Affected Easements
S 34 T45 R 65W
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Mark Weinmaster and Beverly Weinmaster
Company:
Phone #:
Street Address: 19736 CR 40
Email:
City/State/Zip Code: LaSalle, Colorado 80645
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: Patrick McNear
Company: Scott Realty Co.
Phone #: (970) 381-0628 Email: topmojo@aol.com
Street Address: 1212 8th Avenue
City/State/Zip Code: Greeley, Colorado 80631
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.
05/15/2023
Signature: Owner or Au • iz=d Agent Date Signature: Owner or Authorized Agent Date
Patrick L. McNear
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
Mark Weinmaster & Beverly Weinmaster Scott Realty Co. Patrick L. McNear Agent
give permission to
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at
I, (We),
19736 CR 40, LaSalle, Colorado 80645
Pt W2NE4
Legal Description:
of Section 32 , Township 4 N, Range 65.00 W
Lot B of Recorded Exemption RE -3576
Subdivision Name: Lot Block
Property Owners Information:
(970) 396-5177 mwein@skybeam.com
Phone: E-mail:
Applicant/Agent Contact Information:
(970) 381-0628
Phone:
topmojo@aol.com
E -Mail:
Email correspondence to be sent to: Owner ® Applicant/Agent _ElBoth
Postal service correspondence to be sent to: (choose only one) Owner ® Applicant/Agent
Plat Vacation - Recorded Exemption
Additional Info:
Owner Signature: ,r4
Owner Signature 1O1
7/29/2019
Date:
Date 4�2
4805322 r Pages: 1 of 4
02/24/2022 3:54 PM R Fee:$28.00 :fee:$0.00
Carly K Clerk and Recorder. Wet ,County CO
rlOVIAN:14 00111 VALIVIIKailivi 111III;
Jai,)
Prepared by: -rl —
Mark Wei iaiter ° l)
19736 aid 40, La Salle, CO 8064 1JSA
Parae ID:
^l,
arranty Deed
; I1S DEED is dated F4.4f q r y q24' ,
,'. B etween:
Mark Weinm r, married, of 19736 C9„17440, La
Salle,SO 80645, USA, (the "GraIstbr")
AND„,-:„
Mark Weinmaster, ns yl d, of 19736 Co Rd 4
Salle, CO 8, USA, (the "Grantee,
,41
J1 11 ,\ ,1
WITNES mat the Grantor, for and nsideration of the sump -$110.00, the receipt and ciency of which
is hereb cknowledged, have remi&d, released, and sold, witi eneral warranty covena&, unto the Grantees,
�; � � N> cam,
the leirs and assigns foreve the right, title, interest < m and demand which th rantor has in the real '
perry, together with ii vements, if any, situate *mg and in the County o€≥ id of the State of Col
described as follows,;,,z),
Lot B gf\REC. EXEMPT No. RE x576, Being part of the North 1/2 of the North East Qudrter of Section
32, Tj$vnship 4 North, Range OWest of the 6 P.M. (. Y ( ``
ping to the recorded pl a Office of the Coun}erk and Recorder filecbruary 23, 2022.
This property is also ltn&wn by street number ass. X36 Co Rd 40, La Salle, 0 80645, USA.
Signed in th sence of: ��/
bl_ii. , (62,_... (-?ci.,/,,,s,.,._ c:2-)
Si
i``-1 am I _a -U t C',7','?1 :\ 4
,'Name '
4805322 ('pages: 2 of 4 (
02/24/202 J :54 PM R Fee:$28.00 17 _F 1:$0.00
Carly Kop Clerk and Pecorder, Wei ty , CO
■III ,F'� i«t hil �rL4�,�'���IEI���,1I111
Asse ess schedule or parcel nu bf: 105532100048.
>TO HAVE AND TO H the same, together withil and singular the appli ances and privileges ;",'
, • belonging on the prq , or in anywise appert tig to the property, and e estate, right, title, i it and
', claim whatsoever0$ he Grantor, either in laf ` br equity, to the only pro .euse and benefit of the itee, and
the Grantee' eirs and assigns forever, ^\ ^ �;
(� 9— (cn (C�" cs
Andt 0'Grantor will warrant ap[orever defend the right title to the above des c property unto the ,,
�,yntee against all c14i(r�
i (o)'
IN WITNESS W)iKEoF the Grantor has e uted this deed on the d:and year above written.
22
•
Mark Weinmaste ;2sj
M
48053g cc�J Pages: 3 of 4
02/24 03:54 PM R Fee:$28.$ D Fee:$0.00
Carl 9pes, Clerk and Recorder. k'dvCounty Co
Jli�* E�r� I��: Iti I Ai;'I �TIti kf li i, IL
Grantor Acknb, edgement
•
STATE OF COLO
COUNTY o WELb
The pregoing instrument was acicliOwledged before me, ffittlA MU— 'this 'I day of
igum-g,Y , _ Ax by the Grantor, person known to me (or provedtl me on the basis of
; •satisfactory evidence) ttr e the person whose namsubscribed to the withi trument and acknowledj
me that he/she executed the same in his/her autaed capacity, and that�.s/her signature on the,
the person, or tie entity upon behalf of w ch,the person acted, exec e1'tl a instrument.
Witness hand and official seal. I-9
commission expires Ins aoa3.
PAULARY PUSH
NOTARYOIO 2�
MY COMMISSION EX
�J!
63,
2023
(vl
mss_
48033 , Pages: 4 of 4
02/2 2 03:54 PM R Fee:$2 $2 D Fee:$0.00
$0 .00
Care/ Clerk and Recorder Yd County CO
,
?APT Wii,. 1141 I., K'�' P «K�� Ilu t
,sl
Spousal Ack edgement
I, Beverly Weinmasf� 19736 Co Rd 40, Lard, CO 80645, USA, spot of Mark Weinmaster,_,'
accordance with t14`above Warranty Deed, bin consideration of the aye sum and other good a4valuable
consideratictneived, do hereby waive ''ad srelease to the Grantee rights of dower, curte homestead,
commu ' roperty, and all other Vii, title and interest, if ao0 and to the above pro
Spouse's Sige
STATE OF COLQ'DO
COUNTY ' ' W Et.p
ll negoing instrument wa nowledged before me ,� fl �L �° , this 2'1— day of
IZAAAPi , , by the Grantor's sp.:M personally known to , ' r proved to me on the li e
of satisfactory evidento be the person whose,%he is subscribed to the win instrument and ackn\dged
to me that he/she ijocuted the same in his/h `c ithorized capacity, andx1i by his/her signature 04:14e -
instrument tlerson, or the entity upoehalf of which the persocted, executed the instruc lent.
1 c)
Witness. my hand and official seal.,; -}
My commission expires, E (01 O23
-Rae-
Notary Pubk0he State of Colorado
Cojapof W &a3
p
1
C.
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Mark
Weinmaster
I
RE -3576 I
Planner:
SL
Legal
Description:
Pt.
W2
NE4
of
Section
R65W of
the
r
P.M.,
Weld
County,
CO
32, T4N,
Parcel
ID
#:
1055 32 000030
Lot
C Size:
N/A
Lot
B Size: 73 +/- acres
Lot
A Size: 5 +/- acres
Water
Source: Well
Sewer System. Septic
Yes No
X
X
X
X
X
X
Criteria Checklist
1 Conforms with Chapter 22 of the Weld County Code
and any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4_ Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
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 Individual Sewage Disposal System (I.S.D.S.) regulations.
2. ,-he Applicant nas proposed a well as the source of adequate water for Lot A. 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.
3. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 1055-32-1 RE -3576
B. In accordance with Chapter s, Article II of the Weld County Code, Lot A and Lot B shall each
be granted one residential/agricultural access. Direct access from a public road shall be limited
to one access per legal parcel for residential use, no circle drives or additional accesses shall
be granted. The road shall be graded and drained to provide all weather access. Accesses shall
be placed in such a location as to have adequate sight distance in both directions, shall not be
placed below the crest of a hill or where physical obstructions are present and shall be a
minimum distance of 75 feet from any intersecting County or State roadway.
C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld
County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
D. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag
lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet.
E. County Road 40 is designated on the Road Capital Improvement plan in the County Wide
Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of County Road 40 shall be delineated right-of-way on the plat. This road is
maintained by Weld County.
F. County Road 41 is designated on the Road Capital Improvement plan in the County Wide
Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of County Road 41 shall be delineated right-of-way on the plat. This road is
maintained by Weld County.
G. The Greeley Soil 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.
H. The applicant shall address the requirements of Weld County School District RE -1 as stated in
the referral response dated May 9, 2003. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
I. 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.
J. 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.
K. 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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed
•
r
within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead.
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 the Section 23-3-50 of the Weld
County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) 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.
4) Prior t o the release o f building perm its, the a pplicant s hall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of sufficient
quality, quantity and dependability.
5) Potential purchasers should be aware that Lot A may not be eligible for a 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.
6) 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 there after.
7) Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the requirements of Appendix III -A of the Uniform Fire Code.
8) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
10) Potential Purchasers are hereby notified that a confined animal feeding operations are
within the vicinity. Off -site impacts that may be encountered include noise from trucks,
tractors and equipment; dust from animal pens and odors from animal confinement,
silage, and manure.
11) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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
ft
r
work, harvest, and gravel roads; odor from animal confinement, silage, and manure;
smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers
in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply
be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
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.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for
public works or may be the private responsibility of the homeowners. 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.
Children 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 present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of the
farmer's livelihood. Parents are responsible for their children..
4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies 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 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 from
the date the Administrative Review was signed. The applicant shall be responsible for paying the
recording fee.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file maybe
sent to maps@co.weld.co.us.
6. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to the
Weld County Board of County Commissioners with a staff recommendation for denial.
✓��l��'��,�Z7 Date June 19, 2003
Sheri Lockman 4 Planner II
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