HomeMy WebLinkAbout20221286.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -2715,
FOR REMOVAL OF LOT B - MICHAEL AND JANINE FREEMAN
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 April 21, 2000, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -2715, and
WHEREAS, the Board has received a request from the current property owners, Michael
and Janine Freeman, 13377 County Road 84, Ault, Colorado 80610, to vacate Lot B of Recorded
Exemption, RE -2715, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -2715; being part
of the S1/2 of Section 5, Township 7 North,
Range 66 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 Michael and Janine Freeman, for Partial Vacation of
Two -Lot Recorded Exemption, RE -2715, 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.
4828482 Pages: 1 of 2
08/18/2022 11:08 AM R Fee:$0.00
Carly Koppel, Clark and Recorder, Wald County , CO
Va. MIWk 11111
CC:PLerPAIN),APPL..
5/2S/22
2022-1286
RE -2715
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -2715, FOR REMOVAL OF
LOT B — MICHAEL AND JANINE FREEMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: d,,,,,f,„,$) xe,4,4k,
Weld County Clerk to the Board
y • t orney
Date of signature: 517/2-2-
4828482 Pages: 2 of 2
05/18/2022 11:08 AM R Fee:$0.00
Carly Kopp�a, Clark and Raoordar, Wald County CO
11111
Scott K. James, Chair
2022-1286
RE -2715
To:
From:
Subject:
Hearing Date:
Owners:
Legal Description:
Location:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Michael Hall, Planner
Partial Vacation of RE -2715
May 9, 2022
Michael K. Freeman & Janine L. Freeman
Lot B of Recorded Exemption RE -2715; being a part of the S2 of Section 5, T7N, R66W
of the 6th P.M., Weld County, CO
North of and adjacent to County Road 84; east of and adjacent to County Road 27
section line right-of-way
Parcel Number: 070705000038
Total Parcel Size: +/- 135 acres
Summary:
Zone District: A (Agricultural)
The property owners request to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RE -
2715, recorded July 19, 2000, reception # 2781505. This Recorded Exemption divided a parcel into an
approximately 10 -acre Lot A and a 135 -acre Lot B. This partial vacation would result in an approximately
135 -acre unplatted parcel. Lot A of RE -2715 is under collective ownership but is not a part of this action.
No easements were dedicated on the RE -2715 plat 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 and the draft vacation plat.
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.
2022-1286
Partial Vacation of RE -2715
Page 1 of 2
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 RE -2715 plat
B Vacation Application
C Vacation Request Letter
D Draft Vacation plat
E Deed
,
Partial Vacation of RE -2715
Page 2 of 2
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
heanng 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 heanng 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 heanng, 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 corn.
DATE: May 9, 2022
TIME: 9 00 a m
APPLICANT:
Michael and Janine Freeman
13377 County Road 84
Ault, Colorado 80610
REQUEST. Partial Vacation of Two -Lot Recorded Exemption, RE -2715, for Removal of Lot B
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -2715, being part of the S1/2 of
Section 5, Township 7 North, Range 66 West of the 6th P M , Weld County, Colorado
LOCATION: North of and adjacent to County Road 84, east of and adjacent to County Road 27
section line nght-of-way (See Legal Descnption for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED Apnl 27, 2022
agricultural operations No circle dnves or additional accesses shall be granted
1G 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 access point If a
drainage culvert is required, a 15 -inch CMP is the County minimum size If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert
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Weld County Road 84 is designated on the Transportation Plan Map as a local gravel road, which requires
60 feet of right-of-way at full build out There is presently 60 feet of nght-of-way A total of 30 feet from the
centerline of Weld County Road 84 shall be delineated on the plat This road is maintained by Weld County
Weld County Road 27 is designated on the Transportation Plan Map as a local gravel road, which requires
60 feet of right-of-way at full build out There is presently 60 feet of nght-of-way A total of 30 feet from the
centerline of Weld County Road 27 shall be delineated on the plat This road is maintained by Weld County
The applicant shall provide the Weld County Department of Planning Services with a certificate from the
County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area
The following notes shall be placed on the plat
1) All proposed or existing structures will 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 Zoning Ordinance, the required setback is measured from the future nght-of-way line
2) Any future structures or uses on site must obtain the appropriate zoning and building permits
3) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of
the Recorded Exemption process Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties
4) Prior to the release of budding permits the applicant shall submit evidence to the Department of
Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and
dependability
5) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States 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 there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town
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; dust from
animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage, and
manure, smoke from ditch burning, flies and mosquitoes, 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.
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
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, terntonal 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
6) Prior to the release of budding permits, the applicant will be required to submit a recorded deed
descnbing the lot upon which the budding permit is requested with the building permit application
The legal description on such deed shall include the lot and Recorded Exemption number
7) 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 Ordinance 169A
3 The applicant shall submit a mylar plat to the Weld County Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder The plat shall be prepared in accordance with the requirements
of Section 11 7 of the Weld County Subdivision Ordinance The plat shall be submitted within sixty (60) days from
the date of approval by the Department of Planning Services The applicant shall be responsible for paying the
recording fees.
4 The Weld County Department of Planning Staff's approval of this recorded exemption is based upon satisfying the
above conditions 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 Board of County Commissioners with a recommendation for
denial
By 1'1.241. 6AAAAnt ae%
Kenneth Baumbach 4> Planner
Date April 21.2000
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