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Home My WebLink About20231390.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0022, OF TWO -LOT RECORDED EXEMPTION, RECX15-0009, FOR REMOVAL OF LOT B - MICHAEL COAN 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 March 9, 2015, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX15-0009, and WHEREAS, the Board has received a request from the current property owner, Michael Coan, 28242 County Road 10, Keenesburg, Colorado 80643-9415, to vacate Lot B of Recorded Exemption, RECX15-0009, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX15-0009; being part of the SW1/4 of Section 17, Township 1 North, Range 63 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 Michael Coan, for Partial Vacation of Two -Lot Recorded Exemption, RECX15-0009, 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. 4902839 Pages; 1 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppel: Clerk and Reoorde- Weld County , CO Fri' WrlYEIi 2023-1390 RECX15-0009 cc: PLO`P/MN/MN) APP.. °b/i9/23 PARTIAL VACATION, VAC23-0022, OF TWO -LOT RECORDED EXEMPTION, RECX15-0009, FOR REMOVAL OF LOT B - MICHAEL COAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dia./0to4, Weld County Clerk to the Board BY: AP Count Attorney Date of signature: 05/30 /2. //( e oar- -' Mik eman, Chair Lori Bain( Perr L. BPro-Tem Scott K. James evin D. Ross 4902835 Pages: 2 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County : CO �lii I �aF" 'Elwtilll AIM I<��. lit V*, II II 2023-1390 RECX15-0009 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RECX15-0009 Hearing Date: May 17, 2023 Owners: Michael Coan Legal Description: Lot B of Recorded Exemption RECX15-0009; being a part of the SW4 of Section 17, TIN, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent of County Road 8; Approximately 0.75 miles West of Count Road 65 Parcel Number: 1477-17-3-00-002 Total Parcel Size: +1- 63.91 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX15- 0009, recorded March 18, 2015, reception #4091364. This partial vacation of Lot B of RECX15-0009 would result in an approximately 63.91 acre unplatted parcel. Lot A of RECX15-0009 is not a part of 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 map. 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. 2023-1390 5 119 Vacation of Lot B of RECX15-0009 I Coan 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 condition. 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. Vacation of Lot B of RECX15-0009 I Coan Page 2 of 2 Vacation Plat of Lot B Recorded Exemption No. 1477-17-3 RECX15-0009 Located to the Weat 1/2 Ot the $p��est 1/4 of Seetion 17, Township 1 North, 63 Weft of tti�ue 6th F ., County of � StotO W Colaoao Sheet 1 of 2 STATE nx.,wwr IROPERn' RI BA YACITED� THE � EB �4� TO THE PUi RECORDED MWCR 1fi, ]015 NS RECEFRON NO WBT w 1 1 4 OF SFLtION 1>, TOWM.JXO 1 NORM. RAIIOE 5a wpsr M nwrurr wcscRvmtN AFTCR YAG1n91k ,m, PART OF 1N[ WC.T 1/1 Q iME1TM1YFST ,/. OF 6ECNON UMW t NOI11N kPH4E W wfST DI }NE 5TH PRrNCIP.IL MEIwDIMi COU W YlnD 5TBiE OF O OLYDO, NdIC PMTOYUwY,Y DCSCR@EA w6 FOlLOW5: SEC. TIN, RB]W SEC B H, R5JW SC..9 Ti N, p4M 4 TIM R5lW LiialLT1aR nIlie.4r E- 1B TTN, -at T N,RB]w' aw +xmRr u.P SCNEI'�1000' 9FL M T1N, P6TM j 11'E1D CDUwiI' TMRS• it TFE ,5.4Y rr 8 OPEABRIR th BE RESo0H9eLt FOR CONIROLLINc NO%IWS NEiO! ON THE 9RE P.%i5WNf TD NPICV !. ARFCLE I AND !. OF THE wELL COUNTr CODE. / UAry�E5t �� uc wroRHe raw rwroe re IX111DL1 ,wewE�.0 ee WYENINEo a TMt m LO{f(P A1M nIFRE'I'O B9Wmutt1 RGR X0M OC 9'N' M6 -.),s WNIIuta NFAE0u MttN n..L wFARIP uG5GOliE ®� B0.4D�OPO�H ury cEB��n nL�ls suR.sv DaFSN. m No E'hM s'YLL. THE LreL.r "EVELISNE 8i"dS4 'mow to.E.E'irn5 r RION'! aF wwr of REL'ORD w 9EH RESENTCxFD By wMEMCI+l ET` `.° wwErmc cawMrv, .Nv .E LwPEa�. Np TntE coMYrtuEENT wu PROwOED m ME wEm FOR TNrs s,rmS:. 1 1HF UNpEBSIONEO. BDNO THE SOLE cra N iF£ DT THE PROPETwY pE5CReED HEREON, NOw REC=69 AS MI HPUTIED TPeCT OF Wlp, W NER®Y VAUfaJE'/�111EE��L'^Lµp Dm910H RyWA1�gO�F��RECOgp Ag lNpyN pR THE ACCOMPAYt1NG WP MREDN. 5 HERET, }. I�]BM. IIOIpr� N[tr44N11NG litar716M EYEE0 EETORE YE TH19 WY OF curet. BEEYE ftt MFRIF R. H005 LS. JBMp Ppl MID ON�N,LLf Oi MIERIfAN W LwND SURw.YING CO. LOLORMD COPMM!'ION 9iC M6 Try Cd1N1Y. Vacation Plat of Lot B Recorded Exemption No. 1477-17-3 RECX15-0009 LocateA in the Wssi 1/2 of ""j°92,14.4 Section 17, Townahip 1 North, County of SWO StOt Sheet 2 of 2 * - en �/e' nm�rt wrH nn� aw-nc O -FOVip e!e•REHut p!m 60 be, 66161e 06..0 200 000 1,00' 600 300., rm 1.5 1102, KE. ra eeo'la�+"aceirt i .uuu°w.i ar u uw�. elartrikri. °l!' osanv sa.o a E`.E`4''WNa ''}' c. 1pr� SIPUCNRES WILL OR DO MEET TXE MINIMUM SETBACK AND OFTSEi REWIREMENI5 ICH ME pROPERtt IS LaC,ATED. NRSUAM TO ME DEfiNIROU OF SETBACK IN ME TIRED SETBACK IS MEASURED fAOM THE NNRE RIGXT-OF-WAY UNE. NATpNAL SBEUIIDIHG CODE, $W�1LD� fON051PUCATm MAIIN A 150 -FOOT RADIUS OF ANY WEWIEAD ON WRHN A M E-HUNDPED�FlM�GOOf RApIIW15�OF �ONY,II HUD CE ANY RUNK SINUCNPE5 OR USES ON SITE MUST OBTNN DIE MPROPRNTE ZONING AND BUILDING PDtY115. PDON IN ACWRD.WCE WOH SECTION 2. -B -20.C., OF THE LE 5 MPRO�VED QOM ELD WUNIYE%EBO D0F IC0M ar+ERB IN ACCORGNCE WIlHI35ECRONEL ..P. OF TXE WE1D WUNtt WDE. 5) PRlgt TO ME RELEASE OF 9UILgNG PERMITS, THE MPUCAIR 9HN1 5uBMR A RECORDED DEED DESCRIBING E LOT UPON WHICH TXE BUIIDNC PENAUT 15 REWESTED WTM THE BUILDING PERMIT MPUGRON5. THE IEGL DESCILIPTION OH WCH DEED SXALL INCLUDE ME LOi DESIGNATION MD RECORDED E%EMPIION NUMBED. 9) PMOP TO THE PELF/5E OF BUILDING PERMR5, THE MPUGNT 5HNL 9UBMR AIDENCE TO ME DEPMTMENT µDPDVENPN��CEs 1HAT ME LOTS HAVE AN AOEOGTE WATEP SUPPLY OF SUfFlCIEM OUNM, WANTTM 'l1 POTENTW PURCINSFA5 SNOUID BE AWME TINT LOT OT BE ELIGIBLE FIXt A OOMESTC WELL P RMR WHX)X ALL0N5 FIXt OUTSIDE IRMGDW MO OR ME WATERING OF STOCK MIYAIS. TIE STATE DNISION OF WATER RESOURCES ISSUES ALL WELL FERMIIS. B1 PoTENTVL PUflCHI5Fg5 910U1D BE AWMF TINT OPOUNpNA1FR ANV NOT HEEL NL gilN%IHG WA1Eit DEPMMTYEIR OFOP 1lC H�EALMTH AW,IU EIMRIXI4ENT S�Ri0NO.TUEBNCfor-E5 WMEDLL lizTfOTNEIP DRINgNrG WATER PRIOR TO WNSUMPDW Mp PERIODICALLY MEflE LATER. 9 PoTENINL PUPCIt 9EH5 SHOULD BE AWME THAT APPRWK OF THIS RECOPDFD IXEYPTIW DOES NOT O TINT WELL PERMITS WILL BE ISSUED FOR ME LOTS. ANY LOT , BE DEEMED NW -BUILDABLE IF WE OT DNNER 15 UNABLE TO OBTNN A WELL PEPMR. ME STATE DMSgN OF WAIFp pE50URCE5 ISSUE ALL ELL PERMITS. 0 SHOULD NO%IOUs WEEDS IXIST ON LHE PROPFAI)• OR BECOME ESTABLISHED AS A PEWIT OF THE PgOPoSfD D LOPYEM ME MPL1DWi//LWDOWNER SWLL BE RESPON518LE FOR rANTNOLUNG T11E NOXpU5 WEEDS, PURSUAM TL1 CRATER 5, {fO1GE5 MD II OF THE WELD CWNtt WDE. 111 RECORDED IXEMPRONS ON ADJACFM PPOPEts WY RNSE THE ISSUE OF COMPLLMCE WITH TIE WW2. Q THE IEWROFD IXEMTKKI PRWE55. MPflOVPl G MS REWgDED E%EYPIION GOES NOT WRMIEE MPg0VI1 OF NNRE MPUGDONS W AWACFNi PROPERRE5. 1, 21. THE LT G PERMITS SMALL BE OBTANED �W OF M AG IXEYT BUILDNG ] M 111E WELD COUNtt CODE MUST BE FlLED WITH ME PLM OP ANY ELECWNCN SER,TCE TO TO THE WNSTRUCIION OF INY BUILDING. WIIDINGS THAT MEET liE PEOUIREMENIS OF SECTION 29- -10 MO SECOW NEID WILDING PEPMIIS, HOWEVER) A CERIIFlGIE OF �0NG OAR W TER F� WATERING OR WASNMING Of PLNEST0CK AMOUNTS N1LL BEINNii 11 BMI PERMITS ISSUED W THE PROPOSED L03 WILL BE REWIRED TO ADHERE i0 ME FEE STRUCTURE LHE COUNtt WNE RGD IMPACT TEE PINOORNL. 0 6 B ro DERMAS ISWEO W ME PROP05ED LO15 ILL BE REpUIPFD i0 Ag1FAE TO TME FEE GIRUCNRE ME COUIJtt GACILRY FEE MD DRNNAGE IMPACT TEE PROGRAM$. N IMEVHRED STATES. 1YPITCALLY RNJKING INTHE TOP TEN CWIRIES IN MEWCOu� IAN �10T,LL �WRLF IRENIEIUEiLf ELY IRED RSY�AILLCULN PEASONS�YPANGWEILNTOCA RURAL MU MUST RIOG�NI�pN1p ThePE TAE DRAWBACI(5, INCLUDING WNNLTS WRX LONG-STMDINC AGgX:ULTURAL PRACTICES MD A L LEKL G SERACE5 IRAN IN TOWN. ALONG WRH THE DRAWBACKS COME TXE INCENTNES WXICX ATWNCI ATIPACT UfleAN ONELLERS i0 WRK WELD CWNtt WO0 AGRICULTUML USERS a ME LINO WWLO NOT BE IXPECIEO 10 CHWOE MDR LONG-FS'TABUWED AGRICULTUML PRACDLES 10 ACCOMMOGIE ME INTXIISNIN5 G URBM USEIIS IXiO A RUML MG. WELL -R_ . AORICWTIWNL ACTMTIES WILL GENERATE OFf-SITE IMPACTS INCLUDING NOIRE FROM 1RAClOR5 MO EWIPYEM; SLOW-MONNG FMM VEHCLl5 W RURAL ROADS; OUST TRAM AWMN PENS, fIELD WOPK HARVES! MD GWVE1 flOADS ODOR TROY MIWL WNisS SILAGE MO MMUPP SYONE iROM MCH BURNING: NES AND 4050JR06� HUMIHC MD TRAPPNC ACTfvITIEs: SXOORNG SPOIR5, LEGAL HAZING OF NUISMCE WILDLIFE; MD ME USE OF' P611CIOE5 ANO iER11UZEN5 IN ME FlELDS INCLUDING ME USE OF AERML SPMWNO. R IS AGRXNLTURAL YACHT ITXNI OF IWSC£UANEOUS LWMON PRACTICE TOR /MGILLL�RAIXL WT TL�5 OFTEN PRODUCES A WSLNL DISPARITY BETWEEN RURAL AND UflBMI MEl5 OF ME COUNTY. SECRW 35-3.5-102. C.R.S., PROwDE5 TINT M ACRXXILWPAL OPEMDON 51W.L NOT � PoUND TO BE A .7 W PRIVATE NUIYNCE IF ME AGRICULTUML OPENATN)N NLEGED TO NE A NUISWCE EMPL015 YEMOps OR PPKTICES 1HAT ARE COMMONLY OR RGSONABLY ASSODAlEO WTM tagmacho. WATER NES BEEN. AND CONTNUES TO BE, ME LIFETIME FW THE AfIPK;ULIURLL WYYUNITY. R 5 UNRGLISTIC TO ASSUME TINT pICHE5 MD RESETANRS LNY SIMPLY BE YOVEp OUT aF ME WAY' OF R6XIEMVL DEVELOPMEM. WREN MOVING N ME WUNTY, PROPERTY OWNERS AND RESIDEMS MUST REAU2E IHEV CMNOT THE WATER iROM NNGIION DITCHES, VJtE5. OP OMER STRUCNRE5, UNLESS MEY HAVE M ADIUDIGIED WO. TO ON PATILOLS OF ME CWNtt RESPWSES INCLUDNG GW FN VOLUNTEERS WMO MAST LEAVE NO MATTER IIOYI OFTEN MEf A PAVED ROAD. SNOW REMOJN PRpR CIEMED FOP SEVTDtN GYS AFTEN 0E EOUNN.EM TO YUNICIPN SETH URBM OWELIflis. RR... INTEL, FOUR RV NPoSEO l0 pIFFENENT HAIAR05 IN ME COUNtt 1XM IN M URRW OR SUWRBM SE CL FlELD EOWPMENT. PONDS MD IRPoGDW MCHES ELEC1gIGL POWER FOR PUM ��N BWIISANMGHPR�FSEIDIT RG TCfHPG1D5B�NYRNOWF�lG �CX�pREMS�RACTMRE�i �MP0 R SANIV, BUT A150 FOfl ME PROTECTION OF ME FMMERS LNELIHWD. AM, Recorded Exemption No. 1477-17-3 RECX15-0009 Located in the Southwest 1 4 of Section 17, Township 1 North, Range 63 est of the 6th P. M., County of Weld, State of Colorado Sheet 1 of 1 WEST T/a fcORNEN SECLIW 1). FOUND J/a REBM WRH Z f/2' ALUMINUM CM LS 2JS01. ,3, _ / Ai AAZ taN NW SBB NB9'13'50T 2631.20• 3,s.eo LOT B Ba.a2 ACRES ♦/- GROSS 62.W ACRES +/- NET Ar Pwz lain 7 WElD�COUNTY ROAD6B SOUTIWEST CORNER 5ECRW 1)` KVYINUM/ fAPF 351, 2 ,/2 CENIEN 1 a CORNEfl SECIpN t) FOUND 3 ' REBM WITH 3 ,/a' ALuuwu cv. Ls znee. -CENIEP-FINEST If,e CORNEfl SECipy 1). SET J/a 30 REBM WRH 2 1/Z ALUMI UY CAP LS JBOae. �� SECTION CONIPOMONlN1EM AS NOTE * : SET 5/B' 2—`.. LANK PLASTIC ..°227.7:22. FWND 5/6' DEBAR WIM NO CM. • FO 0 e' REBM N. YELLOM WAS. GP LS 2302) ...LC SCALE 1'-200' caNER SECTION E TRW AS BET BY WELD B. YOOOY AS SHOWN IN (ECORD5. PGRADE D REBw WIM 2u,/z' A UM 200 A00 B00 PROPERTY DESCRIPTION: Hear RECORDED EXEMPTIW N0. ta])-,)-] RENNB, RECORDED JULY 20, 2001 AS RECEPTIW N0. e6)580. BONG A PARE OF THE SOUMNEST I/a OP ]ECRON 1), TOWx5RIP NORM, RANGE WEST Of TXE 8TH PRINCIPAL MERNWN, CWNtt OF W SGIE OP COLORIDO. PROPERTY OWNER'S CERTIFICATE: iFIE uNDER5KNE0 BEING THE 501E OWNER IN FEE G THE IBOVE ring DO HEREBY SUBDIWDE THE S,e AS bf, ON 1HE ATTACHED MAP. UNDERSTMD M6 PRUPERiY IS LAe IN AGPICULTURAL ZONE plSfPp:T AND IS ALSO INTENDED i0 PlLOWDE MFRS FOR TXE CONWUT OF OMER I BY PICXT, ACCESSORt' USESANO USES BY S/P��EC-LLL�REAVIE/`W. YICNAII �/ \A.s STATE OF CWOMDO ��Q WUNtt OF WFID � 55. NC ON IXPIRES �N.�.. a1 E 2oiS D MO SEAL. HE NOT NBUC " - CERTIFICATE OF APPROVAL BY iNE DEPARTMENT Of PUNNING SERVICES -ADMINISTRATIVE REVIEW: MIS PGT IS ACCEPTED MO i BY ME DEPARTMEM OF "NNO SEIFACES FOP FILING. DIRECNR. OfP M OF PL�ING S STATE a CWORMO WUNtt w wm ) ss. WRNF55 LTY RAND MO SFK. %IBLIcnVA� }e� ITAer/Y1 SURVEYOR'S NOTES: O BEYt NORM 001)'{2' WEST, AS YWUYENTED HEREON WRM -AIL BEMINGS ..� N=nw�ca a..unn ncnc�n ARE 01lOUlD DISTANCES IN U5. aunrc' aACCORCNG TO COLOPAW GW YW YUSi COMMENCE ANY LECN ACIIOI. S RVEV WITHIN TNflEf YFNts AFTER YW FIRST DISCOVER SUCK DEFECT. UPoN ANY DEFECT IN MIS WRVn' RE COMMENCED YORE I% TEM YDN61 SHOWN XENEON. N Np EVENT SINLL ME UAbLiIY EXCEED ME WIJ.N AYO a) MY PERSON W110 KNOWINGLY PEYDYES 011 CWSES BE gEYgID MY WBl1C VND AIINEY qa JB N53-E10�5 (8 DCFlR.�, OAP A�RESIORAIN)�OFSN(7118 C.RS. OR CONIIIOL CgNEfl, M DEFlNEO IN SEC110N el GU95 TO BE�XEIAOYED NIY BEN6ND TREE NIANNO SUCHUI AS BFAPoNO IREEKOR0MER ACCESSOMW AOEfwEO BY SECWN 3B-SJ-,OJ 1 . C.R. p.. EVEN IF SND PERSON I1I5 TRLE TO ME LAND W WNIGI SND MMUYFM OR Try ACCESSOITY IS LOCATED, CIJ55 2 MLSDELLFANCt ..11, PRIOR TO SUCH REIIOJAL SVD PERSON Hl5 SED A CWORADO PRMESSIONAL VND SURVEYOR TO ESTABIJW AT lFA5T TWO WRHE4 ERS Olt RVEIRNCE MMKS FON EACH 3ULX MONUMEM OR ACCESWRY REYUrEp AND HA$ FEED OR CAUSED 10 BE FlLED A MWUMENi n RECOPD PURSUNJT TO APDCLE 63 OF TIRE >0, C.R.S. 5) CERIIFIGDON DEiINEO: ME 15E OF RE WORD 'CERTIFY qi 'CERIIFlGTW' YY A PEGISTENEO RtOFE590W1 D SUMEYOP N ME PgAC110E OF Wa SNNEV'NG. CWSRMES M E%PRESSIW OF PRGESSIONAL OPINION REGMOINC iNOSE FADf5 G FlNgNG5 WWCM ARE SUBJECT OF ME CERi1FlGRW, AND GOES NOT CWSRpIIE A WARRNItt OR GLLWNJIEE, ETHER IXPPE55 OP IMPLIED. a �a�DREe zwsrt�ilR3u,�� To CLY April 19, 2023 To: Weld County Planning I am requesting that Lot B, RECX15-0009 be vacated. Thank you, -)Tywk,s 9. e„,.,,,,) Michael J Coan 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@weld.gov. Date: May 17, 2023 Time: 9:00 a.m. Applicant: Michael Coan 28242 County Road 10 Keenesburg, Colorado 80643-9415 Request: Partial Vacation, VAC23-0022, of Two -Lot Recorded Exemption, RECX15-0009, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX15-0009; being part of the SW1/4 of Section 17, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 8; approximately 0.75 miles west of County Road 65 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 5, 2023 ru is INI i H 0 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX15-OOO9 CX 15-0009 Owner Address JEFFERY AND BEVERLY BERNARD 31165 COUNTY ROAD 8 MICHAEL COAN 28242 COUNTY ROAD 10 City State Zip KEENESBURG CO 80643-8300 KEENESBURG CO 80643-9415 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, RECX15-0009, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 5th day of May, 2023. Jai (id co 1,o) Jo Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com we, eta Kem< Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery D Adult Signature Required • Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees nay I PS Form 3800, April 2015 PSi: /530-02-000-9047 5 Postmark Here C C) co a) 13) Q Q ❑ ❑ 0 U N N N a � O C O O o4' cvi U Z3o vai U U N Q r Ct3 N 4L E E a) co O N U O ct3 E c- o a co co ❑ ❑ U U cn U 9- 4J 0 9- a- O L O c.) cs) 1(1; ,4/ qit) 1.e‘Crl ra v 1 C Cf Q I -r Po ) U C C $ 0 0 U) 2 cc E E 0 a) :.- .≥ �� OOH c�nv -a 222 22a, U Q) Q)— C C U) -c n) a) m .m a) a) accm0C605cc DOD DO a) O ) a) > '0 -p U a) i +U' N U CC cc a) a) a) amen Docc:CTS �cc _22-o'000 vCAtoa)0•. 0) 3.<-0 7 C ii;) cv QQ�OOOO ri❑❑i ❑❑❑ C TD a) 4-. U U a) CC 20 U, Ri tun N CI O a a N a N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 ru sal tr a a a rR r- r -R U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . • ICIAL Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ▪ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To 515 Postmark Here --etar1St7°' t. ksthu41 4zrBo. u CI :tat= ZIP 4* PS Form 3800, April 2015 PSN 730-02-000-9047 3-• 45. See Reverse for Instructions z ❑ ❑ • E o N 2 Cu a) (0 2 .O cfa? ED us o in CD2 ® " 0 C a) ca Q 2 CC t X — Fe .� 0 •iTi-0a ga)a) 2 :'a' a)aa o cy'a_ c *0 -s -] c a) a) a)(3) omcc0w DODD C 0 01 E C 0 0 (Cf a) a) 0 Date) a) V O .C a) v) U cc ac U) .4-010100 cc c -0 -0 0 0 in�a)a)4-.4 — avi (v) - a) a) O O c.0000 ❑❑❑❑� S O N i g2 > a '"V O 0 o O "746 c!) -o o- cis w U ICD ro a) U ( O V 0 (� as U 00 o a � _c C - coo 0..4-1 a) Qo • IN Article Addressed to: • ckt czes c 21;;) inn - O Lc) co CN 9590 9402 7331 a)) 0 a) 4J U) CC S O nj Lan Ul `Q a^ ,U 0 a) co co Ls) i tu o)) e II a N O r -R a roe Domestic Return Receipt O O O O 0 LO CO CO CN CV a r 00 L° 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:31:02 AM 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. Jfl r)1Ck 4!IgIz3 Signature Date Property Owners Within 500 Feet of Parcel # 147717300002 Account Parcel Owner Mailing Address R1026302 147717000020 MUSGRAVE LEE A 31041 COUNTY ROAD 8 KEENESBURG, CO 806438300 R5039508 147717200044 BORREGO ROSITA R5039508 147717200044 BORREGO MARIO E 3628 COUNTY ROAD 63 KEENESBURG, CO 806438606 R8953441 147717200048 RUUD KARL A 7 CORRAL VIEW CALGARY AB T3Z 3B7 CANADA, R8941245 147717300001 Lt) I -A - BERNARD JEFFERY D R8941245 147717300001 L6 4- A BERNARD BEVERLY D 31165 COUNTY ROAD 8 KEENESBURG, CO 806438300 R8941247 147717300002 WA' 0 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8945242 147717300024 YOUNG ADAM R8945242 147717300024 CARLTON KRISTEN 31251 COUNTY ROAD 8 KEENESBURG, CO 806438300 Parcels: 18 Owner Records: 29 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:31:02 AM 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. C,Rn (,l)0,ttoi ck LL Signature 4nq)z3 Date Property Owners Within 500 Feet of Parcel # 147717300002 Account Parcel Owner Mailing Address R8945243 147717300025 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R1035502 147718000025 WADE KATHY M R1035502 147718000025 WADE MARVIN L JR 2817 PALMER CIR MANHATTAN, KS 665038903 R1035602 147718000026 WAGNER JANE TRUST R1035602 147718000026 WAGNER JOHN TRUST 3635 COUNTY ROAD 63 KEENESBURG, CO 806438605 R8965124 147718400001 SCHREIBVOGEL MADLYNN S R8965124 147718400001 SCHREIBVOGEL BRADY J 3295 COUNTY ROAD 63 KEENESBURG, CO 806438605 R8965125 147718400002 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R2496203 147718400029 ROSKOP CHRISTINA A 30935 COUNTY ROAD 8 KEENESBURG, CO 806438628 Parcels: 18 Owner Records: 29 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:31:02 AM 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. an. 06moicic, Signature 4110/ Z3 Date Property Owners Within 500 Feet of Parcel # 147717300002 Account Parcel Owner Mailing Address R8940352 147718400031 CONTRYMAN LEA R8940352 147718400031 GOLDEN BAILEY R8940352 147718400031 GUINN JORY 3461 COUNTY ROAD 63 KEENESBURG, CO 806438605 R6778437 147719100012 ZIKE JACQUELINE M R6778437 147719100012 ZIKE PHILIP L 30886 COUNTY ROAD 8 KEENESBURG, CO 806438627 R6525886 147720000008 HILLENBRAND MARY E ETAL C/O MARY E HILLENBRAND 1007 S 21ST ST COPPERAS COVE, TX 765223426 R1402102 147720200013 REINBOLD GARY MATTHEW R1402102 147720200013 REINBOLD VINCINE 2952 COUNTY ROAD 63 KEENESBURG, CO 806438601 R8964277 147720200020 MADSEN SARAH Parcels: 18 Owner Records: 29 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:31:03 AM 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 CUW I �- Signature iln173 Date Property Owners Within 500 Feet of Parcel # 147717300002 Account Parcel Owner Mailing Address R8964277 147720200020 MADSEN TYLER 31172 COUNTY ROAD 8 KEENESBURG, CO 806438302 R8964278 147720300021 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 Parcels: 18 Owner Records: 29 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:31:03 AM 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 # 147717300002 Parcels: 18 Owner Records: 29 *Int/0000rd° 4 z3 Signature Date Page 5 of 5 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION E PTIONS a3 oo�lda, FOR PLANNING DEPARTMENT • DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: AX'} PLANNER ASSIGNED: V PLAT INFORMATION Title of plat to be vacated: R.E.NQ 1477-17-3 RFCXIs— ooD4 omplete Vacation (must include all lots) Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easemen S 17 TIP) R63uJ B 1477173 00002 6,4•4,Z NON E PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: MICt*/DEL 3' Co AN Company: Phone#: r 3(23 -704- 3 4,to Email: &/5ACOARI °e YAHOO. Co 1t Street Address: 2 52 4 2 C e. / t7 City/State/Zip Code: k E E N ES -se o t2 Cam., Co. APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: , Z Q e Company: Phone #: Email: Street Address: City/State/Zip Code: 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 exemptions or subdivision exemptions. Da ZUZ3 Signature: Owner or Au d Agent t� Signature: Owner or Authorized 9 gg n homed Agent Date CoA Al Print: Owner or Authorized Agent Print: Owner or Authorized Agent 4889260 Pages: 1 of 4 03/29/2023 lt:28 AM R F..:$28.00 D Fa.:$0.00 Carlo Koppls, Clark and Rao©rdar, Weld County , CO pia ��ai iR ` iihI%INID�:' 11111 Prepared by: Michael J Coan, 28242 County Road 10., Keenesburg Co. 80643 Parcel ID: 147717300002 Quitclaim Deed THIS DEED is dated /44,eG'l4 7 , zo23 , between: Michael J Coan, married, of 28242 County Road 10., Keenesburg Co. 80643, (the "Grantor") AND Michael J Coan, married, of 28242 County Road 10, Keenesburg, CO 80643, (the "Grantee") WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims, 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 Weld of the State of Colorado, described as follows: PT Sw4 17 1 63 LOT B Rec Exempt RECX 15-0009 according to the recorded plat in the Office of the County Clerk and Recorder filed March 18, 2015. This property is also known by street number as TBD County Road 63, Keenesburg, Colorado 80643. Assessor's schedule or parcel number: 147717300002 Page 1 of 4 Quitclaim Deed Page 2 of 4 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: 4.fia- Witness signature tk Aorlola Witness name Michael J Coan 4889260 Papo: 2 of 4 03/28/2023 11:28 AM R Fse:$28.00 D Fea:$0.00 Carly Koppaa, Clark and Raoordor, Wald County , CO III! KIIIIW1CIA WW31t111Wilif#diV 11111 Quitclaim Deed Page 3 of 4 Spousal Acknowledgement I, Betty A Coan of 28242 County Road 10, Keenesburg, Co. 80643, spouse of Michael J Coan, in accordance with the above Quitclaim Deed, and in consideration of the above sum and other good and valuable consideration received, do hereby waive and release to the Grantee all rights of dower, curtesy, homestead, community property, and all other right, title and interest, if any, in and to the above property. Spouse's Signature: STATE OF COLORADO COUNTY OF 10.Q 1CA- The foregoing instrument was acknowledged before me, 1 ir'S& LyhrwN44THA , this 1dt day of kite( r 4\ , by the Grantor's spouse, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires I :2 -- Notary Public, the State of Colorado County of CA.1 4889280 Pages: 3 of 4 28.00 03/29/2023 tt:28 z R Foe:$ Carly 0:41 , Clark and R1oorder, L? County NfIRIII IVIACIRIMIVI MEIN dill ii* II I TERESA LYNNE SMITH NOTARY PUBLIC STATE OF COLORADO NO ARY ID 20124030394 MY COMIMI ON EXPIRESJUNE 12, 2024 Quitclaim Deed Page 4 of 4 Grantor Acknowledgement STATE OF COLORADO COUNTY OF Lie rot The foregoing instrument was acknowledged before me, , this lri& day of 1 A0et&'. , 2,p2..--7,, by the Grantor, 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 (p- f 2 - Notary Public, the State of Colorado County of 4889260 Pages: 4 of 4 03/28/2023 11:28 AM R Fee:$28.00 0 Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO IIII11.�Ilrl�+lk 11O MINNN..' Lk "Ill TERESA LYNNE. SMITH NOTARY PUBLIC STATE.Of COLORADO NO ID 20240383_ MY COM<YIi� UPIRES E 12, 2024 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Michael J. Coan RECX15-0009 Planner: Steve Elkins Legal Description: Lot Ti N, B of R63W Recorded of the Exemption 6th P.M., Weld RE -3046 County, being Colorado part of the W2SW4 Section 17, Parcel ID #: 1477-17-0-00-021 Lot A Size: +/- 10 acres Lot B Size: +/- 65 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System: Lot Lot A: Proposed B: Proposed Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5 Complies with Recorded Exemption standards in Section 24-8-40 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 an administrative review that the standards of Section 24-8-40 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 On -Site Wastewater Treatment System regulations. Prior to recording the plat: A. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24 8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX15-0009 Page 1 of 5 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 future road right-of-way. C. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1477-17-3 RECX15-0009 B. All recorded easements shall be delineated on the plat by book and page number or reception number. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number AP15-00040. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Roads 63 and 8 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of rights -of -way at full build out. The applicant shall verify the existing rights -of -way and the documents creating the rights -of -way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future rights -of -way. If the rights -of -way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. E, Setback radii for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 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 right-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 variance 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. RECX15-0009 Page 2 of 5 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Prior to the release of building 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. 7) Potential purchasers should be aware that Lot A 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. 8) 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 thereafter. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) 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. 11) 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. 12) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 15) Building 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. 16) 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 RECX15-0009 Page 3 of 5 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. 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 right 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 priorities 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 irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand bum, puncture vines, territorial 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 one (1) electronic copy or one (1) paper copy 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 RECX15-0009 Page 4 of 5 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 period. 7. The Department of Planning Services requests respectfully 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 .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maosithco.weld.co.us. 8. 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 written request by the applicant. By: Steve Elkins, Planner RECX15-0009 Page 5 of 5 Date: 03 fi 9 /Ir Hello