HomeMy WebLinkAbout20221287.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF CORRECTED TWO -LOT RECORDED
EXEMPTION, RECX13-0093, FOR REMOVAL OF LOT B - CARLOS AND
ERNESTINE GALICIA
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 October 7, 2013, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX13-0093, and
WHEREAS, the Board has received a request from the current property owners, Carlos
and Ernestine Galicia, P.O. Box 1368, Brighton, Colorado 80601, to vacate Lot B of Corrected
Recorded Exemption, RECX13-0093, located on the following described real estate, to wit:
Lot B of Corrected Recorded Exemption,
RECX13-0093; being part of the N1/2 of Section 27,
Township 2 North, Range 67 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 resulting from the vacation will be left without access to a public road
right-of-way.
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 Carlos and Ernestine Galicia, for Partial Vacation of
Corrected Two -Lot Recorded Exemption, RECX13-0093, 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.
4828483 Pages: 1 of 2
0'3/18/2022 11:08 AM R Fea:$0.00
Carly Kopp., Clerk and Recorder, Wald County , CO
hikihNi I MFirMILNI 11111
cc•.Pl-CTP/KH), APPS.,
RPP6.REP.
S /25 /22
2022-1287
RECX13-0093
PARTIAL VACATION OF CORRECTED TWO -LOT RECORDED EXEMPTION, RECX13-0093,
FOR REMOVAL OF LOT B - CARLOS AND ERNESTINE GALICIA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dictifet) ...d0;ok
Weld County Clerk to the Board
BY:
N
eputy Clerk to the Boar
Sc6tt K. James, Chair
Mieman, Pro-Tem
APP
teve Moreno
ounty Atto ey
Date of signature: 5/17/22.
4828483 Pages: 2 of 2
00/10/2022 11:08 AM R Fee:$0.00
Carly Koppaa, Clark and Raoordar, Weld County CO
Lori Saine
2022-1287
RECX13-0093
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Michael Hall, Planner
Subject: Partial Vacation of Corrected RECX13-0093
Hearing Date: May 9, 2022
Owners: Carlos Galicia and Ernestine M. Galicia
Representative: Paula Platt
Legal Description: Lot B of Corrected Recorded Exemption RECX13-0093; being a part of the N2 of Section
27, T2N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 18; west of and adjacent to County Road 21
Parcel Number: 131127100002
Total Parcel Size: +/- 148 acres Zone District: A (Agricultural)
Summary:
The property owners request to vacate Lot B, being the largest lot of Corrected Two -Lot Recorded
Exemption RECX13-0093, recorded January 23, 2014, reception # 3991692, being a corrected plat to
RECX17-0125, recorded November 4, 2013, reception # 3975551. This Recorded Exemption divided a
parcel into an approximately 34.9 -acre Lot A and a 148 -acre Lot B. This partial vacation would result in an
approximately 148 -acre unplatted parcel. The property owners have expressed their intent to divide this
resultant parcel of land into multiple, 35 -acre or greater parcels of land, should this vacation request be
approved. Lot A of Corrected RECX13-0093 is not a part of this action. No easements were dedicated on
either of the RECX13-0093 plats and the access to such lots are not affected by 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 (Exhibit B) and the draft vacation plat map (Exhibit C).
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.
6iq
Partial Vacation of RECX13-0093 2022-1287
Page 1 of 2
'R&C,c13—Dag3
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 conditions
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
Exhibits
A RECX13-0093 plat
B Corrected RECX13-0093 plat
C Vacation Application
D Vacation Request Letter
E Draft Vacation plat
F Deed
Partial Vacation of RECX13-0093
Page 2 of 2
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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 wnting, 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
E-mail messages sent to an individual Commissioner may not be included in the case file To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov com.
DATE. May 9, 2022
TIME. 9 00 a m
APPLICANT.
Carlos and Ernestina Galicia
P O Box 1368
Bnghton, Colorado 80601
REQUEST: Partial Vacation of Corrected Two -Lot Recorded Exemption, RECX13-0093, for
Removal of Lot B
LEGAL DESCRIPTION. Lot B of Corrected Recorded Exemption, RECX13-0093, being part of
the N1/2 of Section 27, Township 2 North, Range 67 West of the 6th P M , Weld County, Colorado
LOCATION: South of and adjacent to County Road 18, west of and adjacent to County Road 21
(See Legal Descnption for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: Apnl 27, 2022
3 Items to be included on the plat
A The plat shall be titled: Recorded Exemption No 1311-27-1 RECX13-0093
B Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10 B of the Weld County Code Net acreage calculations should not include
reserved road nght-of-way
C County Road 19 is designated on the Weld County Road Classification Plan as an artenal
road, which requires 60 feet of right-of-way at full build out The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat All setbacks shall be measured from the edge of future nght-of-way If
the right-of-way cannot be verified, it shall be dedicated This road is maintained by Weld
County
D County Road 18 is designated on the Weld County Road Classification Plan as a collector
road, which requires 60 feet of right-of-way at full build out The applicant shall verify the
existing nght-of-way and the documents creating the right-of-way and this information shall
be noted on the plat All setbacks shall be measured from the edge of future right-of-way If
the right-of-way cannot be verified, it shall be dedicated This road is maintained by Weld
County
E Show the approved access on the plat and label it with the approved access permit number
(AP#) (AP13-00334)
F A 30 foot wide joint access and utility easement extending across Lot B for the benefit of Lot
A shall be shown clearly on the plat The joint easement shall be dedicated for the use as
shown using the language set forth in the Weld County Code, Appendix 24-F 2 The
easement shall be graded and drained to provide all weather access
G The oil and gas setback radiuses for existing wellheads and tank battenes on the site shall be
indicated in accordance with Section 23-3-50 E of the Weld County Code
4 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 nght-of-way line
*No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302 1 of the 2012 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned
oil and gas well Any construction within a two -hundred -foot radius of any tank battery
or one -hundred -fifty -foot radius of any wellhead shall require a vanance from the
terms of this Chapter in accordance with Subsection 23-6-10 C of this Code
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20 C 1 of the Weld County Code
4) The largest Lot, or Lot B of a two -lot recorded exemption, may not be less than thirty-
five (35) acres Net Lot B or the largest lot is not eligible for future land exemption in
accordance with Section 24-8-40 P of the Weld County Code
RECX13-0093
Page 2 of 4
5) 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
6) Pnor to the release of budding permits the Lot owner shall venfy with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary sewer
line In accordance with the Weld County Code, if a sewer line exists within four
hundred (400) feet of the property line and the sewer provider is wflling to serve the
proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services
7) Pnor to the release of budding permits, the applicant shall submit evidence to the
Department of Planning Services that the Lots have an adequate water supply of
sufficient quality, quantity and dependability
8) Pnor to the release of budding permits, the applicant shall submit a recorded deed
describing the Lot upon which the budding permit is requested with the budding permit
applications The legal descnption on such deed shall include the Lot designation and
Recorded Exemption number
9) Budding permits shall be obtained pnor to the construction of any budding Buildings
that meet the definition of an Ag Exempt Budding per the requirements of Section 29-
1-20 and Section 29-3-20 B 13 of the Weld County Code do not need budding permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electncal and/or plumbing permit is required for any electncal service to the
building or water for watering or washing of livestock or poultry
10) Budding Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
11) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal
pens, field work, harvest and gravel roads, odor from animal confinement, silage and
manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County Section 35-3 5-102, C R S , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production
RECX13-0093
Page 3 of 4
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 nght'to the water
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities The sheer
magnitude of the area to be served stretches available resources Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road Snow removal pnonties 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 irngation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, terntonal 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 three (3) paper copies or one (1) electronic pdf version
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 penod
7 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 of (Group 4) (Group 6 is not acceptable) This
digital file may be sent to maps@co weld co us
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
wntten request by the applicant
By �' _ Date October 7, 2013
Diana Aungst - PI ner
RECX13-0093
Page 4 of 4
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