HomeMy WebLinkAbout20231939.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION
FINAL PLAN, RLDF23-0001, FOR THE CREATION OF FOUR (4) LOTS IN THE
A (AGRICULTURAL) ZONE DISTRICT - 2936, LLC
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, the Board of County Commissioners held a public hearing on the 19th day of
July, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of 2936, LLC, 17921 County Road 25, Platteville, Colorado 80651, for a Site
Specific Development Plan and Rural Land Division Final Plan, RLDF0001, for the Creation of
Four (4) Lots in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot D of Recorded Exemption, RECX17-0093; being
part of the NE1/4 of Section 8, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rose Netto, 2127 Genoa
Court, Loveland, Colorado 80538, and
WHEREAS, Section 24-6-60 of the Weld County Code provides standards for review of
said Rural Land Division Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the overview and standards of
Sections 24-6-10 and 24-6-20 of the Weld County Code.
A. Section 24-6-10.A states: "The Rural Land Division is an alternative
process for development and review of subdivisions proposing a maximum
of four (4) lots in the A (Agricultural) Zone District. The Rural Land Division
process utilizes both the Sketch Plan and Final Plan application processes,
described in Chapter 24, Article VI of the Weld County Code, as amended.
The Rural Land Division process does not include a Change of Zone." The
proposal went through the Rural Land Division Sketch Plan phase, and it
is the opinion of the Board of County Commissioners that the proposed
Rural Land Division will comply with Chapter 24, Article VI,
Sections 24-6-10 and 24-6-20, of the Weld County Code.
B. Section 24-6-10.B states: "Lots which are part of a Historic Townsite or any
recorded Planned Unit Development, major or minor Subdivision,
Resubdivision or Recorded Exemption lots that do not meet the criteria, per
Section 24-6-20.A. 7 of the Weld County Code, as amended, shall not be
cc:PL(TP/KWAiwivA),cA(Kr4), APPL. RPPL.2EP. 2023-1939
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divided by a Rural Land Division." The proposed Rural Land Division Final
Plan will be located on a newly created Lot A, via Lot Line Adjustment,
LLA21-0038. The creation of this lot is allowed by a Lot Line Adjustment,
as long as it is being processed along with a Rural Land Division. The
subject property meets the criteria of Section24-6-10.B and the property
owner is eligible to a apply for a Rural Land Division.
C. Section 24-6-10.C states: "A Rural Land Division may be considered a
Non -Urban Scale Development or Rural Scale Development, as defined in
Section 24-1-40 of the Weld County Code, as amended." A Rural Land
Division can be considered either Non -Urban or Rural Scale Development.
The definition of the following development classifications are as follows:
"Development, Rural Scale: Rural scale developments require a potable
water source, private sewer systems and internal roads. This development
type allows remaining areas to be utilized for agricultural purposes, open
space and environmental conservation."
"Development, Non -urban Scale: Developments comprised of nine (9) or
fewer lots. These types of developments are only permitted outside of
one (1) mile of a municipal sewer line. Nonurban scale developments
require a public water source and public sewer or onsite wastewater
treatment systems (OWTS). Internal paved roads and storm drainage may
be required."
The proposed Rural Land Division is considered Non -Urban Scale
Development. The proposed Rural Land Division is located within
one (1) mile of the Towns of Gilcrest, Milliken, and Platteville, but not within
one (1) mile of a municipal sewer line. Based on these criteria the proposed
Rural Land Division is considered Non -Urban Scale Development.
D. Section 24-6-10.D states: "The Resubdivision requirements shall be
followed when proposing modifications to a recorded Rural Land Division
plat, as described in Chapter 24, Article IX of the Weld County Code, as
amended. Additional lots may be created by the Resubdivision process
within an existing Rural Land Division, so long as the overall number of
total lots in the existing Rural Land Division does not exceed four (4) lots."
The Rural Land Division Final Plan will follow the Resubdivision process,
outlined in Chapter 24, Article IX, if lot lines need to be adjusted. New lots
will not be available due to the maximum of four (4) lots already being
proposed.
E. Section 24-6-10.E states: "The Rural Land Division shall adhere to
Chapters 22 and 23 of the Weld County Code and the Subdivision General
Provisions, Conformance Standards and Subdivision Design Standards,
per Chapter 24, Articles I, II and Ill of the Weld County Code, as amended."
The proposed Rural Land Division adheres to Chapters 22 and 23 of the
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Weld County Code, the Subdivision General Provisions, Conformance
Standards, and Subdivision Design Standards of Chapter 24.
F. Section 24-6-20.A.1 — The property to be divided by the proposed Rural
Land Division shall be comprised of legal lots. The proposed Rural Land
Division Final Plan will be located on newly created Lot A of LLA21-0038.
The subject property meets the criteria of Sections 24-6-10.B and
24-6-20.A.7 and the property owner is eligible to apply for a Rural Land
Division.
G. Section 24-6-20.A.2 — Lots within a Rural Land Division shall be served by
a public water supply system. The applicant submitted an executed Water
Contract, dated March 3, 2023, from Central Weld County Water District
(CWCWD). This contract is for the inclusion of the additional four (4) taps,
which have already been paid for by the applicant.
H. Section 24-6-20.A.3 — Lots within a Rural Land Division shall be served by
an On -site Wastewater Treatment System (OWTS) or public sewer. The
referral dated March 21, 2023, from the Weld County Department of Public
Health and Environment, stated that the OWTS report, dated February 8,
2022, specified that due to the size of the proposed lots and site soils, the
requirements of the Weld County Code, Chapter 30, can be met, using
pressure dose systems. A pressure dosed mounded sand filter may be
required due to the groundwater elevation on site.
I. Section 24-6-20.A.4 — The Rural Land Division shall only be approved on
property located in the A (Agricultural) Zone District. The proposed Rural
Land Division will be located on property zoned A (Agricultural).
J. Section 24-6-20.A.5 — Any proposed Rural Land Division must be
separated by a minimum of 1,320 feet or one -quarter (1/4) mile, in any
direction, as measured from the exterior property line of any existing,
platted Rural Land Division or Minor Subdivision. The nearest platted
subdivision, Fruitvale Gardens, is located approximately 0.85 miles west of
the proposed Rural Land Division.
K. Section 24-6-20.A.6 — The maximum parcel size on which a Rural Land
Division is proposed shall not be greater than 45 acres. The subject lot of
the proposed Rural Land Division is a total of 13 acres in size.
L. Section 24-6-20.A.7 — If the proposed Rural Land Division will be located
on the largest lot of a Recorded Exemption, the following applies:
1) The applicant shall apply for a Lot Line Adjustment, per Chapter 24,
Article X of the Weld County Code, as amended, in conjunction with
the Rural Land Division application, in order to except out a parcel
of land that will contain the Rural Land Division.
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2) The excepted parcel of land that will contain the Rural Land Division
shall be a maximum of 45 acres.
3) The remaining acreage of the large Recorded Exemption lot shall
not be less than 120 acres.
4) The Lot Line Adjustment standard, per Section 24-10-20.A.4 of
Weld County Code, as amended, does not apply to a Lot Line
Adjustment processed in conjunction with a Rural Land Division.
5) The Rural Land Division Final Plat and Lot Line Adjustment plat
shall be recorded concurrently.
6) If the Rural Land Division is not approved, the Lot Line Adjustment
will be void.
The proposed Rural Land Division will be located on a newly created Lot A
of LLA23-0038, which meets the intent of this Code Section
M. Section 24-6-20.A.8 — The maximum number of lots within the Rural Land
Division shall be four (4) lots. The subject Rural Land Division is proposing
all four (4) lots.
N. Section 24-6-20.A.9 — The minimum lot size in a Rural Land Division shall
be three (3) acres net. All four (4) proposed lots for the Rural Land Division
are roughly three (3) acres in size.
O. Section 24-6-20.A.10 — Rural Land Divisions shall not be financed by a
Title 32 Metropolitan District. This proposed Rural Land Division is not
financed by a Title 32 Metropolitan District.
P. Section 24-6-20.A.11 — A Homeowners Association is not required but may
be voluntarily created and managed by the residents within the Rural Land
Division. A Homeowners Association is not being proposed with this Rural
Land Division, per the application material.
Q. Section 24-6-20.A.12 — Drainage and utility easements within Rural Land
Division shall follow the easement standards, per Chapter 24, Article III of
the Weld County Code, as amended. The proposed Rural Land Division
will adhere to the easement standards, per Chapter 24, Article III of the
Weld County Code. Therefore, a Utilities Coordinating Advisory Committee
meeting is not required.
R. Section 24-6-20.A.13 — The Rural Land Division lots shall be accessed via
a single, internal, publicly dedicated right-of-way and shall be privately
maintained, according to a Road Maintenance Agreement, applicable to all
present and future lot owners. The subject Rural Land Division is proposing
one internal, publicly dedicated right-of-way. A Condition of Approval has
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been added to ensure a Road Maintenance Agreement is executed for the
benefit of the current and future lot owners of the Rural Land Division.
S. Section 24-6-20.A.14 — No access easements are permitted within a Rural
Land Division to serve parcels within, or not a part of, the development. No
access easements are proposed in the Rural Land Division.
T Section 24-6-20.A.15 — The Rural Land Division roadway shall intersect
with a publicly maintained right-of-way. The proposed Rural Land Division
internal roadway will intersect with County Road 36. County Road 36 is a
publicly maintained right-of-way.
U. Section 24-6-20.A.16 — The Rural Land Division internal roadway shall be
perpendicular to the publicly maintained right-of-way. The proposed Rural
Land Division internal roadway will be perpendicular to County Road 36,
per the application materials and draft plat.
V Section 24-6-20.A.17 — The Rural Land Division shall not connect directly
onto County arterial roads or County, State, or Federal highways.
County Road 36 is a gravel road and is designated as a local roadway, per
the Weld County Functional Classification Map.
W. Section 24-6-20.A.18 — The Rural Land Division roadway shall be
designed, constructed and maintained by private recorded agreement
between the landowners within the Rural Land Division. A Condition of
Approval has been added to ensure the applicant executes a recorded
private agreement for the maintenance of the Rural Land Division roadway.
This agreement will benefit the current and future landowners within the
Rural Land Division.
X. Section 24-6-20.A.19 — The internal access roadway shall meet all safety
criteria, as outlined in Chapter 8, Article XIV of the Weld County Code. Per
the Department of Planning Services — Development Review referral, dated
March 15, 2023, the proposed internal road includes the required
right-of-way and an emergency vehicle turn -around that meets the safety
criteria, as outlined in Chapter 8 of the Code.
Y Section 24-6-20.A.20 — The Rural Land Division shall be designed to meet
the requirements of local governments or districts to provide fire and police
protection or other emergency services. Per the Department of Planning
Services — Development Review referral, dated March 15, 2023, the
proposed internal road is designed as a cul-de-sac and shall meet all
requirements of Chapter 8 of the Weld County Code. The
Platteville-Gilcrest Fire Protection District returned a referral, dated
March 3, 2023, indicating the road design meets their general standards.
Z. Section 24-6-20.A.21 — The Rural Land Division shall be designed to
preserve prime agricultural land. The proposed Rural Land Division will be
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located on roughly 15 acres of land that is designated as "Prime - Irrigated",
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. These 15 acres are a part of a larger 135 -acre lot that will
remain in production for hay and grazing cattle. The larger lot has already
been split multiple times through the Recorded Exemption process.
Although this land is considered "Prime — Irrigated", it does not eliminate
the production of this land completely, due to the minimal size of acreage
being removed.
AA. Section 24-6-20.A.22 — The Rural Land Division shall be designed to
preserve wetlands, wildlife habitats, historical sites or burial grounds. The
proposed Rural Land Division will not negatively impact wetlands, wildlife
habitats, historical sites or burial grounds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of 2936, LLC, for a Site Specific Development Plan and
Rural Land Division Final Plan, RLDF23-0001, for the Creation of Four (4) Lots in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the Rural Land Division Final Plat:
A. The applicant shall acknowledge the comments provided by the
Department of Planning Services — Addressing, as stated in the referral
response, dated April 4, 2023. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the comments provided by the
Farmers Reservoir and Irrigation Company, as stated in the referral
response, dated March 17, 2023. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The applicant shall address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response, dated March 3, 2023.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall create and record a private agreement between the
landowners within the Rural Land Division for the maintenance of the Rural
Land Division roadway. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
E. An Improvements and Road Maintenance Agreement is required for on -site
improvements of an internal roadway at this location. Off -site roadway
improvements may be required as a part of the agreement. Road
maintenance includes, but is not limited to, dust control and damage repair.
The Agreement shall include provisions addressing engineering
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requirements, submission of collateral, and testing and approval of
completed improvements.
2. The Rural Land Division Plat shall delineate the following:
A. All pages shall be labeled: RLDF23-0001.
B. The plat shall be prepared, per Section 24-6-70 of the Weld County Code.
C. The plat shall contain the certification blocks, per Appendix 24-B of the
Weld County Code.
D. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
E. The applicant shall show and label the internal Rural Land Division
roadway with the approved road name, width, radii, surface type, etc.
A stop sign and road name sign shall be shown at the proposed
intersection.
F. 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.
G. Utility and Drainage easements shall be delineated on the plat, per
Section 24-3-60 of the Weld County Code.
H. County Road 36 is a gravel road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a local road,
which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. If the existing right-of-way cannot be verified it shall
be dedicated or reserved, per Weld County Code. The applicant shall also
delineate the physical location of the roadway. Pursuant to the definition of
setback in Weld County Code Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld
County.
County Road 29 is a gravel road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a local road,
which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. If the existing right-of-way cannot be verified it shall
be dedicated or reserved, per Weld County Code. The applicant shall also
delineate the physical location of the roadway. Pursuant to the definition of
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setback in the Weld County Code Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld
County.
J. The applicant shall show and label the internal roadway and the publicly
dedicated right-of-way used to access the Lots from the maintained
County Road 36, from the lots to, and including, the maintained County
Road access point. All setbacks shall be measured from the edge of the
right-of-way. This road will not be maintained by Weld County. Show and
label the right-of-way as "Platted Right-of-way, not County maintained."
K. The applicant shall show and label the approved access point onto
County Road 36 and the usage type (i.e. Development Access). The
access location will be reviewed as a part of the plat submittal.
L. The applicant shall show and label the permitted access point onto
County Road 29. Include usage type, as well as "Restricted Use Limited to
Permittee Only."
M. The following notes shall be delineated on the Rural Land Division Final
Plat:
1) Site Specific Development Plan and Rural Land Division Final Plan,
RLDF23-0001, is for the creation of four (4) Lots in the
A (Agricultural) Zone District.
2) All existing and future uses for in the Rural Land Division are subject
to A (Agricultural) Zoning requirements, as shown in Chapter 23,
Article III, Division I of the Weld County Code, as amended.
3) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
4) Installation of utilities and requirements of the service providers
shall comply with Section 24-3-60 and Section 24-3-180 of the Weld
County Code. Any property owner shall not construct any
improvements within identified easements.
5) A Homeowners Association is not required but may be voluntarily
created and managed by the residents within the Rural Land
Division.
6) The Rural Land Division roadway shall be designed, constructed,
and maintained by private recorded agreement between the
landowners within the Rural Land Division.
7) Stop signs and street name signs will be required at all
intersections.
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8) Water service may be obtained from the Central Weld County
Water District.
9) The parcels are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS), designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
10) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
11) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
12) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
13) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
14) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
15) The property owner shall comply with all requirements provided in
the executed Improvements Road Maintenance Agreement with
Up -Front, On -Site Improvements.
16) The Improvements Road Maintenance Agreement with Up -Front,
On -Site Improvements for this site may be reviewed on an annual
basis, including a site visit and possible updates.
17) The historical flow patterns and runoff amounts will be maintained
on the site.
18) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
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19) Failure to Comply - The property owner shall comply with the
recorded plat notes and lot configuration. Noncompliance may
result in withholding Weld County permits.
20) The Resubdivision process shall be followed when proposing
changes to a recorded Rural Land Division plat, as described in
Chapter 24, Article VI of the Weld County Code, as amended.
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
22) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County 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 Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-50.C and .D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within
180 days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
4. Failure to Record. If the Rural Land Division plat has not been recorded within
180 days from the date of approval by the Board of County Commissioners, or if
an applicant is unable to meet any of the Conditions within 180 days of approval,
the Director of the Department of Planning Services may grant an extension for a
period rot to exceed one (1) year, for good cause shown, upon a written request
by the applicant. If the applicant is unwilling to meet any of the Conditions of
Approval or the extension expires, the application will be forwarded to the Board
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of County Commissioners for reconsideration. The entire application may be
considered for denial by the Board of County Commissioners. Alternatively, the
Board of County Commissioners may consider upholding, modifying, or removing
the contested Conditions of Approval.
5. Failure to Construct. If no construction has begun in the Rural Land Division within
three (3) years of the date of the approval of the Rural Land Division Final Plan,
the Department of Planning Services may require the property owner to appear
before the Board of County Commissioners and present evidence substantiating
that the Final Plan has not been abandoned and that the applicant possesses the
willingness and ability to continue the Rural Land Division. The Board of County
Commissioners may extend the date for initiation of the Rural Land Division
construction and shall periodically require the applicant to demonstrate that the
Rural Land Division has not been abandoned. If the Board of County
Commissioners determines that conditions supporting the original approval of the
Rural Land Division Final Plat have changed or that the property owner cannot
implement the Rural Land Division Final Plat, the Board of County Commissioners
may, after a public hearing, revoke the Rural Land Division Final Plat and order
the recorded Rural Land Division vacated.
6. The Board of County Commissioners shall have the power to bring an action to
enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided
land before a plat for such subdivided land has been approved and recorded, per
C.R.S. §30-28-110(4).
7 In accordance with Appendix 5-J of the Weld County Code, should the Rural Land
Division Final Plat not be recorded within the specified timeline from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
fee shall be added for each additional three (3) month period.
8. No subdivision development shall commence until a Rural Land Division Final Plan
application is approved and a Rural Land Division Final Plat is recorded in the
Weld County Clerk and Recorder's Office and the improvements be constructed,
per the terms of the Improvements Agreement.
9. Following recordation of the Rural Land Division Final Plat, the property owners
shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the Rural Land Division Final Plat.
New deeds are required even if lots will remain under the same ownership. Failure
to do so may create issues with the proper assessment of the lots by the Weld
County Assessor's Office and may create a clouded chain of title.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
deau,v ..d.:,1
Weld County Clerk to the Board
BY:LACUfrflA a iiQJt-(,t)-
Deputy Clerk to the Board
APPRSVED ORM:
unty rney
'7/31 IZ025
Date of signature:
Mike eeman, Chair
err , L. B ;( k, Pro-Tem
Saine
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