HomeMy WebLinkAbout20220191.tiffRURAL LAND DIVISION FINAL. PLAN (RLDF) APPLICATION
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT $ CASE #ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
1....
Parcel # ±2L5nAftjLafla2 Parcel # --_ -------
(12-digit number— found on Tax I.D. infomialion, obtainable at the Weld County Assessor's map found at www.weldgoy. )
Legal Description L -b #4 Kewrdedi RE-'
Section ATownship _ North, Range Vi West
Total Acreage:
SERVICE
Water:
Gas:
Electric:
Post Office:
PROPERTY
Name: j
Company:
Phone #:
Address:
City/StatelZ
Proposed #/Lots .7 Average / Minimum I Maximum Lot Size: 't 0 / ! 9e 7
Tar) 4 qI `L
sheets if.
APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent)
Name:
Company:
Phone #:
Address.
City/State/Zip
Email:
I (We) request that the above described property be designated a Rural Land Division Final Plan by the Weld County
Board of County Commissioners. 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. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,
a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,
notarized evidence must be included showing the signatory has the legal authority to sign for the corporation.
frL.aL __
Signature Date Signature Date
r4.SfkC RicS'zatcI gikf
Print Print
RURAL LAND DIVISION FINAL QUESTIONNAIRE
Patricia and Richard Stahl
P. We are requesting a rural land division because our property contains two
homes which were never separated. The primary home was built in 1907
(16087 CR 40), and a secondary home was built in 1953 (19050 CR 33). My
father-in-law, then my mother, in turn, lived in the 1953 home until they
passed away. Following both passing, we turned the 1953 home into a
rental. My husband is now 77 years old. We can no longer complete the
upkeep needed to properly care for a rental property. We would like to
subdivide the two houses so that we can sell the 1953 house and pay down
our mortgage so that in the event of one of us passing, the other can stay in
our home.
2. The reason we are proposing the division layout is because of where the
1953 (19050 CR 33) house was built. We are proposing that the land
adjacent to the house to the south, the house, yard, septic area, and
remaining area of the three -acre parcel be directly behind the house to the
north along County Road 33 to keep it in as rectangular and accessible an
area as possible. In addition, a portion of land to the east of the house will
be included to provide access to the land behind the house. Due to the
layout of the house, septic and yard, access would be difficult without this
addition to the east. All fencing will be removed or reconstructed as
needed to define appropriate boundaries.
3. Both houses were and will continue to be family residences.
4. Each house has its own water tap. 16087 CR 40 — tap # 94, 19050 County
Road 33 — tap #9349.
5. The proposed house to be subdivided (19050 CR 33) has a new septic
system which was completed in 2015. Permit #SP -1500191, 16087 County
Road 40 home septic permit #G19950090.
6. There are no proposed improvements to this site as it is already a
developed residence.
7. There is a ROW easement for this property is the ROW easement for
County Road 33 which runs along the west boundary of the property.
There is also a 46 -foot easement directly to the south of the property with
the adjacent property allowing access to the shared access on County Road
33. Property ownership and use is retained by Richard and Patricia Stahl,
and therefore to the subdivided parcel.
8. Per county requirements and variance, the access on County Road 40 will
be closed and fenced off. Both parcels, once divided, will use a shared
access onto County Road 33.
9. There are no irrigation practices on this site. This parcel of land is dry.
10.There are no unique characteristics of this property including topography,
water bodies, CPR lands, vegetation, floodplains, geohazard areas, MS4 or
airport overlay districts.
11. There are no oil and gas facilities, irrigation ditches, pipelines, or railroad
tracks on this property. The only overhead line is the one that brings
electricity to the 19050 CR 33 house.
Pre -Submittal Requirements
RLDK21-0001
• Contract from Central Weld Water for including purchase receipt
for tap attached for 19050 CR 33. 16087 CR 40 is served by tap
number 94.
• Both addresses already have septic systems, therefore no public
sanitation is required. 16087 CR 40 permit number G19950090.
19050 CR 33 permit number SP -1500191.
• Written correspondence from referrals is attached. It should be
noted that although numerous attempts were made to contact
Platte Valley Soil Conservation District both via phone and email,
there was no response.
• Variance request is attached in reference to Public Works
comments regarding a road and access for both properties.
Mitigation statement is attached.
• Current fencing will be removed and/or reconstructed as needed
to appropriately define new boundaries once the rural land
division is approved and finalized.
• Utility correspondence is attached, however because both of
these properties are currently active and one of them is currently
a rental and service under someone else's name, it was difficult to
get exactly what is requested. I do think that adequate
documentation has been provided to show active service to both
properties.
• Draft letter to the mineral owner is attached and will be sent via
certified mail pending a hearing date.
Mitigation
The following mitigation will occur following the approval of this
rural land division.
• The 135 -foot shared driveway will be upgraded to a width of
18 feet wide with a one -foot shoulder on each side and a
ditch on each side to clear surface water.
• The shared driveway will be constructed of 4" of compacted
material with 4" of road gravel on top.
• The culvert will be a minimum of 24" to provide adequate
flow of ditch.
• A shared maintenance agreement is in process by an
attorney in draft form.
• An access permit for County Road 33 has been submitted.
• Variance letter has been stamped, sealed, and signed by a
professional engineer.
Weld County Public. Works Dept,
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (9701304-6496
Fax: (970)304-6497
Property Owner
Name Patricia and Richard Stahl
Company
Address 16087 County Road 40
city LaSalle State CO Zip 80645
Phone 970=371-2448
pat.
information
The access is on CR 33
Nearest intersection: CR 33 & CR 40
Distance from intersection: 230 ft.
Parcel number: 105726000028
5ection/Township/Range:
Total number of existing accesses to parcel:_2
Total number of proposed accesses: 1
Latitude Longitude
Planning/building case numberRLDK21-0001
ACCESS PERMIT
APPLICATION FORM
Authorized Altent/Applicant (if different from Owner)
Name
Company
Address_
City
Phone
E-mail
State Zip
Proposed Access Information
Culvert size & type (15" CMP/RCP min.) 24" CMP
Materials used to construct access TBD
Access construction scheduler' BD
Approx. width of access 24 ft
Proposed Access Count Existing Access Count
Residential 1 Residential 2
Commercial 0
Oil and Gas 0
Agricultural 0_
0
Commercial d
Oil and Gas 0
Agricultural 0
Description of Work Temporary
I am in process of a RLD. This permit is subject to acceptance of my variance request by the BOCCI RLOK21-0001
If accepted the access on CR 40 would be closed and reclaimed.
Required Attached Documents
Property map or sketch (template available on pg. 2) indicating all proposed and existing accesses
Access Pictures (N, 5, E, & W at the location where the access meets a county maintained road)
Access Authorization Form (Not required if the application is signed by the property owner)
Additional application materials may be required by the Public Works Department
Fee schedule
$150 - Temporary, Small Commercial & Residential
$300 - Industrial & Large Commercial
Submit application to accesspermitsr�weldgov.com
By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all pages of the permit application; they
have read and end tend all the permit requirements and provisions set forth on all paws. By virtue of their signature the Property owner/Authorized Agent is bound by
and to comply with all id mil egeiremeete and provisions, all weld County ordinances, and stale laws regeadlrrgeceaa mnstruction.
Signature tinted Name Pa l V :'1. 4.i Date e/3 ..7
Signature Printed Name a Date
jib- Octhr t Y _
Accesses must be constructed within 1 year of issuance. An extension can be requested from the Weld County Public Works Department,
Accesses must be in accordance to Chapter 12, Article V and Appendix 12•A of County Code
Page I of 2
CIVIL STRUCTURAL PLANNING SURVEYING GEOTECHNICAL
LANDMARK
ENGINEERING
July 15, 2021
Weld County Public Works
1111 H Street
Greeley, CO 80631
Attn: Ms. Melissa J King, PE.
RE: Road Access Variance Request for Parcel 105726000028 (a.k.a. 16087 County Road 40)
Dear Ms. King;
On behalf of our client, Ms. Patricia Stahl, we are
seeking
approval
for a variance to the County
standards (Memorandum to Chris Gathman dated
April 1,
2021) in
accordance with Chapter 12
of the Weld County Engineering and Construction
Criteria
Variance
Requests.
The variance request would allow for the continued use of an existing WCR 33 shared access that
serves (2) existing residences, one of which is a horse ranch operation. The variance request
specifically seeks relief from Section 8-14-30, the Minimum Spacing Criteria, and Section 24-6-
20, Safety Criteria per chapter 8, Article XIV. As the driveway is existing with a 16 -ft shared access
easement (to be expanded to 30 -ft), the request to improve the driveway would be exceedingly
costly. The subject property is typical of historical agricultural operations in Weld County, that
often had multiple residences on a property. These residences often served caretakers/farmhands
and/or family members. Please refer to the attached drawing. The applicant is requesting an
access variance for the following reasons:
✓ As the County recognizes the existing agricultural land division processes are archaic and
burdensome, this request for all intents and purposes is consistent with the County's
current efforts to amend its' land use regulations to streamline and eliminate burdensome
and outdated subdivision processes currently on the books;
✓ The access on County Road 33 also serves as
the utility access to the properties with gas
lines, and
phone lines running to the houses.
Closing this access and thus eliminating the
easement
would orphan the utility services
to the homes.
(As this easement serves
multiple uses - both utilities and access, it is
most logical to
keep this access point and
eliminate
the WCR 40 access that does not have an easement
nor utilities);
✓ The access on County Road 40 is not a viable access due to safety issues, as it will traverse
the center of the main property bisecting the property and impacting safe operation of
the facilities, there are obstacles that hinder clear view -sheds;
✓ In addition, the access on CR 33 is at the proposed property line, and common to the
planning profession, shared access drives are typically located at or along the common
property line;
✓ Per the sketch plan, the access
is shared by both
properties
with minimal impact
to either
property. Both properties can
easily and safely
access CR
33 without creating
adverse
impacts to the other, The WCR 33 access location is most prudent for a shared access
that adequately and safely serves both properties;
✓ As an operating horse property, there is ample room in the farmyard for large vehicles,
farm equipment, large horse trailers and emergency vehicles to access and serve the
various properties with sufficient space for turn around;
✓ The
current access on
CR
40
will be
closed and
reclaimed. In addition, a fence will be
built
across the
current
CR
40
access
rendering it
un-usable;
As stated, there are two houses within this proposed subdivision. One was built in 1907
and the other in 1953. As a homestead, the two houses were never legally separated,
however with changing times, family -operated agricultural operations have also evolved.
Weld County recognizes this and is thus revising its Land Use Code to be more
accommodating of this type of land division;
✓ As the
for -sale
property
is presently a rental,
this request
will allow for another Weld
County
resident
to obtain
homeownership of a
single-family
residence;
✓ WCR 33 is a minimally traveled local gravel street in rural -agricultural Weld County that
has served this site for the better part of 114 -years;
✓ The WCR 40 access conflicts with the other access drives serving the corner residence
addressed as 16019 WCR 40, and the property across the road on the south of WCR 40.
There are also multiple access drives on WCR 40 within a 1/4 -mile of the WCR 33 and 40
intersection;
✓ Whereas
the subject
WCR 33 access
drive
north of the WCR 33 & WCR 40 intersection, is
the only
access drive
along WCR 33
within
a 1/4 -mile of the residences;
✓ The requested variance to maintain the access driveway onto WCR 33 will have minimal
impact to the public's safety;
✓ The variance request is the minimum request for relief from the hardship; and
✓ The variance request is not contrary to Weld County Code and is in fact consistent with
the County's Comprehensive Master Plan and current effort to encourage and promote
homeownership in the county.
Review by Rodney A. Harr, P.E.
Landmark Engineering EPC
5803 Lockheed Avenue
Loveland, Colorado 80538
www. landmarkepc. corn
Toll Free 866-379-6252
Office 970-667-6286
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DEDICATION OF ACCESS EASEMENT
This iViutual Access Easement Agreement ("Dedication") is made as of the day of
2021, by Richard R. Stahl and Patricia H. Stahl (the "Declarants").
RECITALS
1. The Declarants currently- own the following -described real property- in Weld County-,
Colorado ("Lot A"):
Lot A of Recorded Exemption No. 1057-26-3 RE1748, recorded August 23, 1995, in Book
1508 at reception number 2452480, a part of the West '/2 of the Southwest '/a, Section 26,
Township 4 North, Rank 66 West of the 6`h P.M.
2. Lot A will be divided into two separate parcels, described as:
Lot A-1 and Lot A-2 of Rural Land Division, RLDF21-0001, as depicted at Exhibit
A to this Dedication.
3. In order to ensure access from Weld County Road 33 to LOT A-2 and LOT A-1, the
Declarants dedicate the following casement on and across LOT A-1 and LOT A-2, effective
upon recording of the (document to effectuate the subdivision into LOT A-1 and LOT A-
2).
TERMS
1. Declarant hereby dedicates a perpetual, non-exclusive easement ("Easement") over and
across those portions of LOT A-1 as described and identified as the "Access Easement" at
Exhibit A ("Easement Arca") for the purpose of access from Weld County Road 33 to LOT
A-1 and LOT A-2. The Easement shall be subject to the terms herein.
2. The owner of LOT A-1 shall be responsible for the repair, maintenance, and upkeep of the
Easement Area and shall maintain the Easement Area in a manner that permits reasonable
and customary use of the Easement; provided, however, that the owner of LOT A-2 shall be
obligated to reimburse the owner of LOT A-1 one-half of all costs reasonably incurred by the
owner of LOT A-1 in furtherance of the repair, maintenance, and upkeep of the Easement
Area.
3. The owner of LOT A-2 shall reimburse the owner of LOT A-1 in an amount equal to one-
half of all expenses reasonably incurred by the owner of LOT A-1 in furtherance of repair,
maintenance, and upkeep of the Easement Area within 30 days following delivery of a request
for reimbursement by the owner of LOT A-1.
4. Notwithstanding the foregoing, in the event the owner of LOT A-1 incurs any expenses in
furtherance of the repair, maintenance, and upkeep of the Easement Area as caused by the
negligence or misuse of the Easement Area by the owners of LOT A-2, the owner of LOT A-
2 shall be solely responsible for such expenses, which shall be fully reimbursed by the owner
of LOT A-2 within 30 days following delivery- of a request for reimbursement by the owner
of LOT A-1.
The Easement shall not be used except in connection with the residential use and occupancy
of LOT A-1 and LOT A-2. No use of the Easement Area shall occur which would cause a
nuisance to the owners, occupants, guests, agents, employees, or invitees of LOT A-1 or LOT
A-2. The Easement Area shall be not be obstructed.
4. In the event of any breach, violation, or threatened breach or violation of the rights granted
or created under this Agreement, the non -breaching party shall, in addition to any and all other
remedies available to it, be entitled to enforce the provisions of this Agreement by injunctive
relief or otherwise. The prevailing party in any action to enforce this Agreement or otherwise
arising out of this Agreement shall be awarded all legal costs and expenses, including
reasonable attorneys' fees, incurred in connection with such action. If any action is brought to
enforce or interpret this Agreement or for damages for the breach of any provision hereof,
jurisdiction and venue for such action shall lie in the District Court in and for the County of
Weld, State of Colorado.
5. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits
and servitudes running with the land. This Agreement shall bind and inure to the benefit of
the parties hereto, their respective heirs, representatives, lessees, successors and assigns.
6. All notices and other communications required or permitted to be given hereunder shall be in
writing and shall be mailed or hand -delivered to the address of the respective owner as
identified in connection with the Weld County Assessor's records.
7. This Agreement constitutes the
not rely upon any statement,
Agreement once executed and
respect except by a writing cxc
document.
entire agreement between the ps
promise or representation not
delivered shall not be modified,
cutcd and delivered in the same
Lrties hereto. The parties do
herein expressed, and this
altered or amended in any
manner as required by this
8. This Agreement maybe executed in one or more counterparts, each of which when executed
shall be deemed an original, all of which together shall constitute one and the same instrument.
9. The Easement, rights and obligations granted and created by this Agreement are for the mutual
benefit and protection of the present and all future owners of the respective parties. If there
should at any time be common ownership of any or all of the respective properties, then it is
the intention of the parties hereto that there be no merger of such Easement, rights and
obligations into the respective fee estate, but rather that such Easements, rights and obligations
shall be separately preserved for the benefit of all future owners of the respective properties.
10. This Agreement shall be recorded in the real estate records of the Office of the Clerk and
Recorder of Weld County, Colorado.
11. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of
the Easement to the general public or for the general public or for any public purposes
whatsoever, it being the intention of the parties hereto that this Agreement and the Easements
granted hereunder shall be strictly limited to and for the purposes herein expressed.
12. In the event any term or provision of this Agreement shall be held invalid or unenforceable,
the remaining terms and provisions hereof shall remain in full force and effect to the fullest
extent permitted by law. Either party's failure to enforce the terms of this Agreement for any
given default or violation hereof shall not be deemed to anaisTa or forego all or any rig_ hts of
enforcement for any subsequent default or violation hereof.
13. The owner of LOT A-1 shall defend, indemnify-, and hold the miner of LOT A-2 harmless
against all claims, andasher in contract, tort, statute (including mechanic's liens) arising out of
the use the Easement Area by the owner of LOT A-1 or any of such owner's guests, agents,
occupants, employees, contractors, or invitees. The xsnner of LOT O-2 shall defend,
indemnify, and hold the owner of LOT A-1 harmless against all claims, whether in contract,
tort, statute (including mechanic's liens) arising out of the use the Easement Arca by the
owner of LOT A-2 or any of such owner's guests, agents, occupants, employees,
contractors, or invitees.
Signed this day of , 2021.
By: By:
Richard R. Stahl Patricia H. Stahl
STATE OF COLORADO }
} ss.
COUNTY OF WELD }
The foregoing instrument -vas acdnosnlcdged before me this day of
2021, by Richard R. Stahl and Patricia H. Stahl.
Witness my hand and official soil.
Mly commission expires:
Notary Public
Patricia and Richard Stahl
Traffic and Drainage Narrative
Drainage Narrative:
This proposed subdivision is an existing property that has been in
existence since 1953. This is purely a separation of two properties
and there will be no new development or construction on this site.
Drainage Patterns:
This property consists of gently sloping terrain with an overall
downward slope to the north/northwest with a maximum
difference in ground surface elevation across the parcel estimated
to be on the order of S to 10 feet based on review of available
topographic maps of the area. (Per Soilogic, Inc. Review)
There is 10 feet deep and approximately 8 feet wide drainage
ditch that runs adjacent to this property along County Road 33
(north/south road), which is on the west side of the property. The
water that accumulates in this ditch naturally runs from south to
north. Because of the gently sloping terrain with an overall
downward slope and a ground surface difference of S to 10 feet,
all storm related water runs into this drainage ditch.
Potential Impacts to surroundingTperties:
There is only one property that is
subdivision. It lies directly south
Because of the sloping terrain, th
drainage runs into the adjacent d
of the house to the south. Therei
surrounding property.
close to this proposed
of proposed subdivision.
at slopes to the northwest, all
itch and in the opposite direction
:ore, there is no impact to
Potential Impact to Irrigation Ditches:
There are no functioning irrigation ditches near the proposed
subdivision. All nearby farms are now using pivot sprinklers and
no longer rely on irrigation ditches except for filling irrigation
ponds. There is one such pond directly southeast approximately'
mile adjacentto County Road 40. The irrigation ditch that fills this
pond runs from east to west and stops at this irrigation pond.
Because of the gentle slope of the terrain to the northwest, and
the existing drainage ditch on the west side of the property, any
storm drainage does not impact these irrigation ponds in any way.
Storm water, in fact, runs in the opposite direction away from the
pond and irrigation ditch.
Potential Impact to Existing Infrastructure:
Because the proposed subdivision has been in existence since
1953, and because there will be no new development on this site,
there is no additional impact to the existing infrastructure. This
property is already accessible to County Road 33 and County Road
40. There are existing power lines and existing gas lines which will
not be altered in any way due to the subdivision.
Drainage Exemption:
I am requesting exemption #8:
Development of site where change of use does not increase
imperviousness of the site.
Traffic Narrative:
1. Because this is a residence, and has been for almost 70 years,
traffic on and off this site will not be increased be by this
subdivision. It is estimated that no more than two to three
roundtrips per day including residents driving to and from
work and trips to places such as the grocery store. This
amount of travel will remain consistent with what is
occurring currently.
2. The expected travel routes will be exiting the property via
the private road to County Road 33. This is consistent with
what is currently, and has been for many years, at this site.
There is no construction, so there will be no haul routes.
3. Because there is no construction or development occurring,
discussion abouttravel distribution does not apply.
4. Because this is, and will continue to be a residence, there will
not be a volume of traffic that impacts any surrounding
roads. My assumption would be that persons living in the
residence would leave for work in the morning and return
home in the late afternoon. Traffic impacts will not change
from what is currently occurring.
Weld County Treasurer
Statement of Taxes Due
Account Number 81010396 Parcel 105726000028
Legal Description Situs Address
PT SW4 26-4-66 LOT A REC EXEMPT RE -1748 ( 1 31 R) 16087 COUNTY ROAD 40 WELD
Account: 81010396
STAHL RICHARD R
16087 COUNTY ROAD 40
LA SALLE, CO 80645-9205
Year
Tax Adjustments
Interest
Fees Payments Balance
Tax Charge
2020 $1,568.32 $0.00 $0.00 $0,00 ($1,568,32) $0.00
Total Tax Charge $0.00
Grand Total Due as of 06/17/2021
Tax Billed at 2020 Rates For Tax Area 2179 - 2179
Authority
WELD COUNTY
SCHOOL DIST REI
NORTHERN COLORADO WATER
(NC
PLATTEVILLE-GILCREST FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 2020
SENIOR
Net Taxes Billed for 2020
* Credit Levy
$0.00
Mill Levy
Amount
Values
Actual
Assessed
15.03$0000*
$60196
AG -FLOOD
$7,645
$2,220
14 6920000*
$58813
IRRRIGATED LAND
l OOOOOOD
$40 03
FARM/RANCH
$430,055
$30,750
RESIDENCE -IMPS
74820000
$299.51
OTHER BLDGS.-
$24,361
$7,060
AGRICULTURAL
63050000
$25239
31810000 $12734 Total
•
47.6980000 $1,909.36
($341 04)
$1,568 32
$462,061 $40,030
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
Weld County Treasurer's Office
1400 N 17111 Avenue
PO Box 458
Greeley, CO 60632
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: fl
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