HomeMy WebLinkAbout20223558.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF THREE -LOT RECORDED EXEMPTION, RE -3242,
FOR REMOVAL OF LOT C - DONALD AND SANDIE HALL
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 January 18, 2002, the Department of Planning Services approved
Three -Lot Recorded Exemption, RE -3242, and
WHEREAS, the Department of Planning Services approved Two -Lot Recorded
Exemption, RE -4631, recorded on June 20, 2007, formerly known as Lot B of RE -3242, and
WHEREAS, the Board has received a request from the current property owners, Donald
and Sandie Hall, 44998 County Road 15, Fort Collins, Colorado 80524-9161, represented by
Nathan Gibson, 5612 29th Street Road, Greeley, Colorado 80634, to vacate Lot C of Recorded
Exemption, RE -3242, located on the following described real estate, to wit:
Lot C of Recorded Exemption, RE -3242; being part
of the NE1/4 of Section 20, Township 8 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 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 Donald and Sandie Hall, for Partial Vacation of Three -Lot
Recorded Exemption, RE -3242, for removal of Lot C, 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.
4876034 Pages: 1 of 2
01/09/2023 01:22 PM R Fee:$0.00
Carly Kopper, Clerk and Recorder, Weld County , CO
VIII IU�.rK�4�wl l�k4'I�� ��Y�L' f I IIAP1 It A1,164111
CC'.PL(TP/cG) APPL.,
APPL. REP.
01/16/23
2022-3558
RE -3242
PARTIAL VACATION OF THREE -LOT RECORDED EXEMPTION, RE -3242, FOR REMOVAL
OF LOT C - DONALD AND SANDIE HALL
PAGE 2
2. All recorded easements and rights -of -way shall be delineated on the plat by book
and page number or reception number.
3. Access shall be identified on the plat at the intersection of County Road 15 and
County Road 92.
4. The applicant shall delineate on the plat the existing right-of-way for County
Road 15 and the physical location of the road.
5. The applicant shall delineate on the plat the existing right-of-way for County
Road 92 non -maintained section line and the physical location of the road.
6. Delineate a Vicinity Map on the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: dajofm) C;,1
Weld County Clerk to the Board
torney
Date of signature: at /03 /2' i.
Scott K. James, Chair
Mike Freeman, Pro-Tem
4878034 Pages: 2 of 2
01/09/2023 01:22 PM R Fee:$0.00
Carly Kmpu , Clerk and R�oord�r, Wald County , CO
���� I���K11� liil'Ir My k �i4Rt� R��I.�Mr1�� Wr�k 1I II
2022-3558
RE -3242
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Chris Gathman, Planner
Subject: Partial Vacation of Lot C of Recorded Exemption RE -3242
Owners: Donald & Sandie L Hall
Authorized Agent: Nathan Gibson
Legal Description: Lot C of Recorded Exemption RE -3242; being a part of the NE4 of Section 20, T8N,
R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 92 (section line) and 14 mile east of County
Road 15:
Parcel Number 0555-20-1-00-015
Total Parcel Size: +1- 119.96 acres Zone District A (Agricultural)
Summary:
The applicant is requesting to vacate Lot C of RE -3242. RE -3242 was recorded on March 26, 2002 under
reception #2936553.
CR 92 and CR 17 are NOT County -maintained roads but each has 30 feet of Resolution Right -of -Way
(ROW). Therefore, access shall be shown on the plat at the closest county -maintained road (i.e. CR
15). There are several access permits at the intersection of County Road 92 and County Road 15 but
none appear to be for Parcel 055520100015. Therefore, this location will be where they obtain an access
permit.
The applicant should be aware that existing roadways may not be within the existing Resolution
ROW. They should verify location of the roadway they are using to access a County -maintained
road. Traveling a roadway outside of the ROW may be considered trespassing.
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.
Vacation of Lot B RE -3242 I Hall
Page 1 of 2
3Z4Z-
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.
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.
B. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number.
C. Access shall be identified on the plat at the intersection of County Road 15 and County Road 92.
D. The applicant shall delineate on the plat the existing right-of-way for County Road 15 and the
physical location of the road.
E. The applicant shall delineate on the plat the existing right-of-way for County Road 92 non -
maintained section line and the physical location of the road.
F. Delineate a Vicinity Map on the plat.
Vacation of Lot B RE -3242 I Hall
Page 2 of 2
Vacation Request Letter
To Whom it may concern,
The Gibson family wishes to vacate the lot of this exemption to build a
permenant residence. We wish to continue making improvemets around the
existing farm, help on the farm, and raise our family with land to call our own.
VACATION PLAT OF LOT C OF RECORDED
EXEMPTION NO. 0555-20-1 RE -3242
AA PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION
. TOWNSHIP 8 NOR TH,RANGE 67 WEST OF THE SIXTH Fr' , COUNRT OF
WLD STATE OF COLORADO
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PARTIAL VACATION PLAT
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22 NOVEMBER 2022
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RECORDED EXEMPTION No. 0555-20-1 RE -4631
LOT 'B' OF RE -3242 SITUATE IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 8
NORTH, RANCE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
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RECORDED EXEMPTION NO. 0555-20-1 RE -3242
THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 8 NORTH, RANGE 67 WEST OP THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
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Cairn DON. AND SANDIE L HALL
ECORDED EXEMPTION NO. 0555-40-1 RE -1244
ni v/, or «o. m-vtif. too many, rmwo
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@weldgov.com.
Date: December 21, 2022
Time: 9:00 a.m.
Applicant:
Donald and Sandie Hall
44998 County Road 15
Fort Collins, Colorado 80524
Request: Partial Vacation of Three -Lot Recorded Exemption, RE -3242, for Removal of Lot C
Legal Description: Lot C of Recorded Exemption, RE -3242; being part of the NE1/4 of Section
20, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 92 (section line); and 0.5 mile east of County
Road 15 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: December 9, 2022
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ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -3242
Owner
HARLEY AND MARIA ORTIZ
DONALD AND SANDIE HALL
NATHAN GIBSON
JESUS OCHOA AND MARIA RIVERA
Address
7784 COUNTY ROAD 92
44998 COUNTY ROAD 15
5612 29TH STREET ROAD
9928 N COUNTY ROAD 17
City State Zip
FORT COLLINS CO
FORT COLLINS CO
GREELEY CO
FORT COLLINS CO
80524-9152
80524-9161
80634
80524-8783
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 -3242, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 9th day of December, 2022.
C.
OW -11111 , (LACt,4 (0‘) ti
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service""
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/1/2022
4:16:17 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.
CAttrfill .Oates ck
Signature
I�iI/ Z -Z—
Date
Property Owners Within 500 Feet of Parcel # 055520100015
Account
Parcel
Owner
Mailing Address
R8971079
055517300013
BLUM MARK CHRISTOPHER
R8971079
055517300013
BLUM ALEXIS NICOLE
45026 COUNTY ROAD 15
FORT COLLINS, CO 805248933
R8971080
055517300014
MCCOLLUM NICOLE
R8971080
055517300014
MCCOLLUM BRET
45026 COUNTY ROAD 15
FORT COLLINS, CO 805248933
R6784324
055517400010
EVIG JOHNNIE
R6784324
055517400010
EVIG ADAM
45036 COUNTY ROAD 15
FORT COLLINS, CO 805248933
R0698586
055520000009
SPABS LLC
4100 E MISSISSIPPI AVE STE 500
GLENDALE, CO 802463053
R0698686
055520000010
SPABS LLC
4100 E MISSISSIPPI AVE STE 500
GLENDALE, CO 802463053
R0698886
055520000011
SPABS LLC
4100 E MISSISSIPPI AVE STE 500
GLENDALE, CO 802463053
Parcels: 11
Owner Records: 18
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/1/2022
4:16:17 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.
Jan-e-rn,ococed,,i
1 Z I 1176 -z.Z.
Property Owners Within 500 Feet of Parcel # 055520100015
Signature
Date
Account
Parcel
Owner
Mailing Address
R1517302
055520100013
L04 -11
ORTIZ MARIA
R1517302
055520100013
Lb+ A-
ORTIZ HARLEY
7784 COUNTY ROAD 92
FORT COLLINS, CO 805249152
R1517502
055520100015
Lbkl
HALL SANDIE L
R1517502
055520100015
wT' C
HALL DONALD
44998 COUNTY ROAD 15
FORT COLLINS, CO 805249161
R4854407
055520100016
iR6-4ri31
RIVERA MARIA G
R4854407
055520100016
LC,/ A-
RE -L-631
OCHOA JESUS G BORUNDA
9928 N COUNTY ROAD 17
FORT COLLINS, CO 805248783
R4854507
055520100017
11,04-0
Re- i-11/3 I
RIVERA LOYA MARIA G
R4854507
05552 ,1300017
•-• 14(j31 31
BORUNDA OCHOA JESUS G
9928 N COUNTY ROAD 17
FORT COLLINS, CO 805248783
R0155089
055521000004
SPABS LLC
4100 E MISSISSIPPI AVE STE 500
GLENDALE, CO 802463053
Parcels: 11
Owner Records: 18
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/1/2022
4:16:17 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 # 055520100015
Parcels: 11
Owner Records: 18
1 7-1YEZ
Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 0";2..."2.ra'rc
PLANNER ASSIGNED: iii C [0
PLAT INFORMATION Title of plat to be vacated: I,* G (A- (tooratti egerai han ee- ati 'LD T R till
Complete Vacation (must include all lots)QPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
G
05552010 OP t5
120
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: 17ohn
Company:
Phone#: C(70_ 91.9._016,2 7 Email:
Street Address: y/q 9.8, C7 I :
City/State/Zip Code: F,t CoHin j Co. Pp 4/
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: ),43,..,„„,.6; bso,
Company:
Phone #: (970) _ 61- 5-6.29 Email: iaSA'ITS) ®gMoti�.GpYY)
Street Address: 5k,l a .211-1, St. Rd.
City/State/Zip Code: 6„...ea)/ Co.20 y
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 exemption or
subdivision exemption.
Signature: OweeeYbbbrrr Authorized Agent
Ow�er or ALthorie d Agent
7/20/2021
Date Signature: Owner or Authorized Agent Date
SandHaft-
Print: Owner or Authorized Agent
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), ,1„,,1fi(i t o g `j' >oh 7 Ya.[�[ give permission to l y) (5/10S,74
(Owner — pt se print) (Authoriz
ed ed Agent/Applicant-please print)
to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
W99 iv cR. 1C O SSS�o i 000 I
Legal Description: I, 04- C/
Subdivision Name: 14&t
Property Owners Information:
Address: 4'99+' CR lS
of Section do , Township O N, Range 67 W
Lot Block
Phone: 6'70)-991-.26.27 E-mail:
Authorized Agent/Applicant Contact Information:
Address: 4012 .N/1) S4
Phone: (Q7o)-e31- SO2(9 E -Mail: (tgibspi'/ci Oral Com
Correspondence to be sent to: Owner fl Authorized Agent/Applicant EL by: Mail, Email _EL
Additional Info:
Owner Signature:
Owner Signature:
Date: (Of I9/27
Date: 10 191V
4862726 Pages: 1 of 4
18/24/2022 10:47 AN R Fee:$28.00 D Fee:$0.00
Carly Cle . Kopp.rk and Recorder, Neld County . CO
fir��� leiti ildi
Prepared by:
Donald Hall
44998 Co Rd 15, Fort Collins, CO 80524, USA
Parcel ID:
055520100015
Quitclaim Deed
THIS DEED is dated Oil
„212a2_, between:
Donald Hall, married, of 44998 Co Rd 15, Fort Collins,
CO 80524, USA, (the "Grantor")
AND
Donald Hall, married, of 44998 Co Rd 15, Fort Collins,
CO 80524, USA, (the "Grantee")
WITNESS, that the Grantor, for and in consideration of the sum of S10.00, the receipt and sufficiency of which
is hereby acknowledged, have remised, released, and sold, as well as quitclaim, unto the Grantees, their heirs
and assigns forever all the right, title, interest, claim and demand which the Grantor has in the real property,
together with improvements, if any, situate, lying and in the County of Unincorporated Weld County of the
State of Colorado, described as follows:
Lot C of RE- 3242, being part NE4 sec 20 T8N , Range 67 West, of the 6th p.m. County of Weld, State
of Colorado;
EXCEPT those portions conveyed to the Laramie- Poudre Reservoirs & Irrigation Company in Quit
Claim Deed recorded in Book 270 at Page 95.
according to the recorded plat in the Office of the County Clerk and Recorder filed October 19, 2022.
4862726 Pages: 2 of 4
10/24/2022 10:47 M R Fee:$28.00 D Fee:50,00
Carly Koppas, Clerk and Recorder, Weld County CO
II11IRICIVICIRIalintitikaiii001411111
This property is also known by street number as 44998 Co Rd 15, Fort Collins, CO 80524, USA.
Assessor's schedule or parcel number. 055520100015.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
belonging on the property, or in anywise appertaining to the property, and all the estate, right, title, interest and
claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee, and
the Grantee's heirs and assigns forever.
IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written.
Signed in the presence of:
Signature
Donald Hall
Name
4852726 Panes: 3 of 4
10/24/2022 10.47 AM R Fee:$28.00 0 Fee:$0.00
Carly Ropes , Clerk and Recorder, Weld County , CO
IIPIAMI 1NIVCI(ilkEMI% III
Grantor Acknowledgement
STATE OF COLORADO
COUNTY OF Liedc(
The foregoing instrument was acknowledged before me, 0c4N-- , this day of
, by the Grantor, personally known to me (or proved tome on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to
me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument
the_person, or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires'j )0'x3
'Notary Public, the State of Colorado
County of[Ate, 1/ d
JOSHUA COLE WALTER
NOTARY PUYLIC
STATE OF COLORADO
NOTARY ID 2014402MT
MY COMMISSION EXFgnes JUNE I, 202S
4862726 Pages: 4 of 4
10/24/2022 10:47 A11 R Fee:$28,00 D Fee:$0.00
Carly Rocco', Clerk and Recorder, Weld County , CO
IN
Spousal Acknowledgement
1, Sandie L. Hall of 44998 Co Rd 15, Fort Collins, CO 80524, USA, spouse of Donald Hall, in accordance with
the above Quitclaim Deed, and in consideration of the above sum and other good and valuable consideration
received, do hereby waive and release to the Grantee all rights of dower, curtesy, homestead, community
property, and all other right, title and interest, if any, in and to the above property. '
Spouse's Signature
STATE OF COLORADO
COUNTY OF LieId
and& coe
The foregoing instrument was acknowledged before me, 0C14r ', this1� day of
,.O yZ , , by the Grantor's spouse, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires 5,44d )0')
otary Public, the State of Colorado
County of Lj 14
Mt s sonr ssaldu3 NOIstmuos A1N
19140s9lOE nl Asv1ON
ouvaolon do 91v1s
011011 Aav1ON
a311w a 11Os vnssor
110
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COLORADO
M
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
.
Applicant:
Don & Sandie
Surveying
Hall
c/o Intermill
Land
RE
-3242
Planner: CA
Legal
Description:
NE4
of
Section
20,
R67W of
the 6TH
P.M.,
Weld
County,
CO
T8N,
Parcel
ID
#: 0555 20 000012
Lot
C Size: 121+/-
acres
1
Lot
B Size: 34
+/- acres
Lot
A Size: 5 +/- acres
Water
Source:
Well
Sewer System:
Septic
Yes No
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.
X 4. Consistent with efficient and orderly development.
X 5. Complies with the Recorded Exemption Standards in Section 24-8-80 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 administrative review that the
standards of Section 24-8-40.B.1 through 24-8-40.B.6 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. The Applicant has proposed a well as the source of adequate water for Lots A and B . 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.
N N
3. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will comply
with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size
to allow the installation of a septic system the lot may need to be enlarged.
4. Prior to recording the plat:
/A. The plat shall be titled: Recorded Exemption No. 0555-20-1 RE -3242
✓ B. In accordance with Chapter 8, Article 11 of the Weld County Code, Lots A and B shall be granted
one residential 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.
IC. Lot C shall use the existing residential/agricultural access point as no additional accesses shall
be granted.
D. 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.
./ E. Weld County Road 92 is designated on the Weld County Transportation Plan Map as a section
line road. This road is not maintained by Weld County.
4 . F. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Road 92 right-of-way.
1G.
The applicant shall attempt to address the requirements (concerns) of the West Greeley Soil
Conservation District, as stated in the referral response received 12/28/01. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
The applicant shall address the requirements of Weld County School District RE -9 as stated in
the referral response received 12/27/01, Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
✓J. Lot B 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.
The applicant shall provide the Weld County Department of Planning Services with a certificate
from the Weld County Treasurer showing no delinquent taxes exist for the original parcel
(2001).
M. 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.
I. N
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
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 23-6-10 of the Weld
County Code.
Any future structures or uses on site must obtain the appropriate zoning and building
permits.
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.
Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply of
sufficient quality, quantity and dependability.
Potential purchasers should be aware that Lots A and B 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.
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.
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.
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.
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 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.
O
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.
�5.
The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copy 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 24-8-70 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.
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.
By _4(..let R Date January .18, 2002
Carla Angeli ❖ anner
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