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Home My WebLink About20232294.tiffRESOLUTION RE: APPROVE TWO -LOT FAMILY FARM DIVISION, FFD23-0008 - DAVID DEWEY 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 request for Two -Lot Family Farm Division, FFD23-0008, was submitted by David Dewey, 4938 West 30th Street, Greeley, Colorado 80634, for property which is located on the following described real estate, to -wit: Part of the E1/2 W1/2 of Section 28, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant, said plat to be recorded, and WHEREAS, at said hearing, the applicant was present, and represented by Daniel Dewey, 217 53rd Avenue, Greeley, Colorado 80634, and WHEREAS, Section 24-7-20 of the Weld County Code provides standards for review of said Family Farm Division, and WHEREAS, this request is to divide the property into two parcels estimated to be approximately 62 acres and 12 acres in -size, 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 Department of Planning Services 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 24-7-10 and 24-7-20 of the Weld County Code, as follows: A. The property to be divided by the proposed Family Farm Division is comprised of one (1) legal lot. B. The Family Farm Division is permitted in the A (Agricultural) Zone District. C. The larger Lot A is not be less than thirty-five (35) acres net D. The smaller Lot B is greater than ten (10) acres net; however, due to the unique characteristic of the ditch location, the Board deems this an allowable variance from County Code. E. The smaller Lot B is not less than one (1) acre net if served by public water, or two and one-half (2.5) acres net if served by a water well. ce:PL(-r9/hN/DA), APP.. REP. o4/14/23 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 2 F. Lots A and B will be served by a separate on -site wastewater treatment system (OWTS) or public sewer. G. The two (2) existing accesses, while not permitted, do meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, as amended. When feasible, access between the Family Farm Division lots should be shared to minimize conflict points along the publicly maintained roadway. If a shared access is proposed, a separate recorded access and utility easement agreement addressing maintenance shall be submitted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of David Dewey, for a Family Farm Division, FFD23-0008, with Lot B exceeding 10 acres in size (12 acres), 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 plat: A. The applicant shall satisfy the concerns of Weld County School District RE -7, as stated in the referral response dated May 24, 2023, per Section 24-3-170 of the Weld County Code. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall acknowledge the advisory comments of the Colorado Division of Water Resources, as stated in the referral response dated June 17, 2023. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. Lot B shall comply with the more than thirty-five (35) acre maximum lot size required by Section 24-7-20.C. of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. The draft plat shall be amended as follows: 1) The plat shall be prepared per Section 24-7-50 of the Weld County Code. 2) The plat shall be titled: Family Farm Division No. FFD23-0008. 3) The plat shall include the attached Notes listed in Condition of Approval #1.E of this document. 4) The plat shall bear the certifications shown in Appendix 24-C of the Weld County Code, as amended. Do not include the Board of County Commissioners' Certificate. 5) The plat shall contain a historical list of the land division and amendments which resulted in the parent parcel(s). Reference previous land divisions by case number, reception number and recording date of plat or deed. 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 3 6) The Family Farm Division lots shall be designated in alphabetical order from smallest to largest in acreage on the plat map and legal description. 7) All lots of the Family Farm Division shall not be less than one (1) acre in size if served by a public water source, or two and one-half (2.5) acres if served by a water well. 8) The larger lot shall not be less than thirty-five (35) acres. 9) The applicant shall show and label all recorded easements and rights -of -way by book and page number or reception number and date. 10) The applicant shall show and label any conflicting boundary evidence such as fences or structures. 11) County Road 66 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 on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. 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. 12) The applicant shall show and label the preliminarily accepted access points onto County Road 66. Include access permit type (e.g., Residential, Agricultural). E. The following Notes shall be placed on the plat: 1) The purpose of this Family Farm Division, FFD23-0008, is a one-time only land division to create a separate, buildable lot to support a family farm or ranch. 2) No lot may be amended or divided, except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future uses or structures onsite must obtain the appropriate zoning and building permits. 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 4 4) 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. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 7) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 8) The historical flow patterns and runoff amounts will be maintained on the site. 9) Potential owners should be aware that approval of this Family Farm Division 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 Colorado Division of Water Resources issues all well permits. 10) This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e., domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. 11) If a residence is constructed, a Weld County On -site Wastewater Treatment System Permit is required and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 12) All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 5 13) Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 15) Prior to the release of building permits, the applicant shall submit a recorded Deed describing the Lot upon which the building permit is requested. The legal description on such Deed shall include the Lot designation and Family Farm Division number. 16) Prior to the release of building permits on Lot B, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity, and dependability. 17) Property owners are hereby notified that a livestock confinement operation, permitted by SUP -142, for 400 head of cattle, is located directly west of the proposed Family Farm Division. Off -site impacts that may be encountered include noise from trucks, tractors, and equipment, dust from animal pens, and odors from animal confinement, silage, and manure. 18) 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 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 6 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. 19) 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. 2. Next Steps: Per Section 24-7-50 of the Weld County Code: A. The Family Farm Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within 120 days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 3. Enforcement: Per Section 24-7-60 of the Weld County Code: A. If the Family Farm Division plat has not been recorded within 120 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 120 days of approval, the Director of Planning Services may grant an extension for a period not 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 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. 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 7 B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. 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). 4. Plat Recording Process: Per Section 24-7-40 and Appendix 5-J of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. Upon approval by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. D. Should the plat not be recorded within the required 120 days from the date the Commissioner's Resolution was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded beyond the initial 120 days. 5. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception number of the Family Farm Division 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 Department and may create a clouded chain of title. 2023-2294 PL2874 TWO -LOT FAMILY FARM DIVISION, FFD23-0008 — DAVID DEWEY PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dith,,,) `�...do:.k Weld County Clerk to the Board BkittErtal • U)(1Atjrz-k- Deputy Clerk to the Board APPRG IED A County At •rney Date of signature: I Mike man, Chair erry L, Bucko-Tem Scott'K. James D. Ross sine 2023-2294 PL2874 DEPARTMENT OF PLANNING SERVICES FAMILY FARM DIVISION Planner 'Case # Applicant Representative Diana Aungst Hearing Date August 7, 2023 FFD23-0008 _ David E Dewey 4938 W 30. Street, Greeley, CO 80634 Daniel E Dewey 217 53rd Ave, Greeley, CO 80634 Request Family Farm Division with 'Lot A exceeding 10 acres in size (12 acres) Parcel ID # 0801-28-0-00-017 Legal Description Being part of the E2W2 of Section 28, T6N, R64W of the 6. P M , Weld County, CO Location South of and adjacent to CR 66 and approximately 0 25 miles east of CR 53 Lot A Size ± 12 acres Lot B Size ± 62 acres Lot A NWCWD tap #1940000 Water Source Sewer System Lot A Septic #SE -0400062 Lot B Proposed Well Lot B Proposed Septic The Family Farm Division criteria and process are detailed in Chapter 24, Article VII of the Weld County Code Referral Agency Review The Department of Planning Services' staff has received referral responses with comments from the following agencies > Weld County School District RE -7, referral dated May 24, 2023 > Colorado Division of Water Resources, referral dated June 17, 2023 ➢ Weld County Department of Public Health and Environment, referral dated June 5, 2023 > Weld County Department of Planning Services — Development Review, referral dated May 25, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies ➢ Weld County Sheriffs Office, referral dated August 10, 2021 > Southeast Weld Fire Protection District, referral dated August 5, 2021 The Department of Planning Services' staff has not received responses from the following agencies > Town of Kersey > Colorado Parks and Wildlife > North Weld County Water District > Platte Valley Fire Protection District > Weld County Department of Planning Services — Code Compliance 2023-2294 $Art FFD23-0008 — Dewey Page 1 of 6 ppL28'1q The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reason The smaller lot exceeds the maximum lot size for Family Farm Divisions as stated in Section 24-7-20 D 24-7-20 D The smaller lot shall not be greater than ten (10) acres net Narrative The applicant is proposing to split the parcel with a Family Farm Division and create a 12 -acre Lot A and a 62 -acre Lot B The proposed twelve (12) acre smaller lot does not comply with Section 24-7-20 D as it is greater than ten (10) acres which is the maximum size allowed in the Weld County Code The applicant submitted a letter dated May 3, 2023, that states that, " the east side of the property, [the proposed 12 -acre Lot A] I want exempted, is bordered by a "unique characteristic" which is the irrigation ditch that separates the irrigated portion of the farm from the non -irrigated portion I want to exempt this non -irrigated portion from the total farm acreage and purchase it from my father This dry area of the farm property is not farmable " Should the Board of County Commissioners approve this request, the Department of Planning Services recommends the following conditions be attached Prior to recording the plat A The applicant shall satisfy the concerns of Weld County School District RE -7, as stated in the referral response dated May 24, 2023 per Section 24-3-170 of the Weld County Code Evidence of such shall be submitted in writing to the Weld County Department of Planning Services B The applicant shall acknowledge the advisory comments of the Division of Water Resources, as stated in the referral response dated June 17, 2023 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services C Lot B shall comply with the more than thirty-five (35) acre maximum lot size required by Section 24-7-20 C of the Weld County Code Net acreage calculations should not include future road right- of-way 2 The draft plat shall be amended as follows A The plat shall be prepared per Section 24-7-50 of the Weld County Code B The plat shall be titled Family Farm Division No FFD23-0008 C The plat shall include the attached Weld County Plat Notes listed in Section 3 of this document D The plat shall bear the certifications shown in Appendix 24-C of the Weld County Code, as amended Do not include the Board of County Commissioners' Certificate E The plat shall contain a historical list of the land division and amendments which resulted in the parent parcel(s) Reference previous land divisions by case number, reception number and recording date of plat or deed F The Family Farm Division lots shall be designated in alphabetical order from smallest to largest in acreage on the plat map and legal description G All lots of the Family Farm Division shall not be less than one (1) acre in size if served by a public water source or two and one-half (2 5) acres if served by a water well H The larger lot shall not be less than thirty-five (35) acres Show and label all recorded easements and rights -of -way by book and page number or reception number and date FFD23-0008 — Dewey Page 2of6 J. Show and label any conflicting boundary evidence such as fences or structures. K. County Road 66 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 on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. L. Show and label the preliminarily accepted access points onto CR 66. Include access permit type (e.g. Residential, Agricultural). 3. The following Weld County Plat Notes shall be placed on the plat: A. The purpose of this Family Farm Division, FFD23-0008 , is a one-time only land division to create a separate, buildable lot to support a family farm or ranch. B. No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. C. Any future uses or structures on site must obtain the appropriate zoning and building permits. D. 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. E. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. F. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. G. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. H. The historical flow patterns and runoff amounts will be maintained on the site. I. Potential owners should be aware that approval of this Family Farm Division 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. J. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e., domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. K. If a residence is constructed, a Weld County On -site Wastewater Treatment System Permit is required and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. L. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. M. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit FFD23-0008 — Dewey Page 3 of 6 application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. N. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. O. Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested. The legal description on such deed shall include the Lot designation and Family Farm Division number. P. Prior to the release of building permits on Lot B, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. Q. Property owners are hereby notified that a livestock confinement operation is permitted by SUP - 142 for 400 head of cattle is located directly west of the proposed Family Farm Division. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. R. 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. Often times, 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. S. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural FFD23-0008 — Dewey Page 4 of 6 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 burs, 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. 4. Next Steps: Per Section 24-7-50 of the Weld County Code: A. The Family Farm Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 5. Enforcement Per Section 24-7-60 of the Weld County Code: A. If the Family Farm Division plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not 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 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. FFD23-0008 — Dewey Page 5of6 B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. 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 Section 30-28-110(4), C.R.S. 6. Plat Recording Process: Per Section 24-7-40 and Appendix 5-J of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. D. Should the plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded beyond the initial one hundred twenty (120) days. 7. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception number of the Family Farm Division 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 Department and may create a clouded chain of title. FFD23-0008 — Dewey Page 6 of 6 May 3, 2023 Daniel Dewey 217 53`d Avenue Greeley, CO 80634 (970) 5901423 RE: 26248 Weld County Road 66 Greeley, CO 80631 To whom it may concern, I have applied for a "Family Farm Exemption" with Weld County Planning. This property has been in my family's possession since 1910. I am wanting to exempt and purchase the west side of the property (showing 12.34 acres) starting from the Northwest corner of the parcel, going along the west property line to the south property line, then returning to the north property line. I have had the property surveyed (included in my application) and the survey shows that the east side of the property, I want exempted, is bordered by a "Unique characteristic" which is the irrigation ditch that separates the irrigated portion of the farm from the non -irrigation portion. I want to exempt this non - irrigated portion from the total farm acreage and purchase it from my father. This dry area of the farm property is not farmable. Thank you for considering my request. Respectfully, Dan Dewey WELD COUNTY BOARD OF COUNTY COMMISSIONERS August 7, 2023 FFD23-0008 FFD23-0008 APPLICANT DAVID E. DEWEY PLANNER DIANA AUNGST REQUEST: Family Farm Division with Lot A exceeding 10 acres in size (12 acres) LEGAL DESCRIPTION: Being part of the E2W2 of Section 28, Township 6 North, Range 64 West of the 61h P M , Weld County, Colorado LOCATION: South of and adjacent to CR 66 and approximately 0 25 miles east of CR 53 WELD COUNTY, CO Vicinity map a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i I I I I 1 I I I CR66 — a SITE _a. 1 1 1 1 I I 1 1 1 r s a a a CC C, 5TH W AVENUE W as "aril ,_3RD 0 AVENUE 1 - in a la —1 6Th AVENUE • - CR 62.7 1 I I 1 1 1 1 1 1 I I 1 1 1 I 1 1� 1r‘ iV 1 I U 6TH AVENUE a CR 64.5 1 ' C R 64 i I I I I 1 I I I I The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reason. Section 24-7-20.D. of the Weld County Code states: The smaller lot shall not be greater than ten (10) acres net. Proposed Lot A exceeds ten (10) acres in size. 1 U Zoning Zon my ' a PUD Zoning: E ... I II �.I ! I SITE cRi56 — a Zoning: A t II 1 u I I I 1 - -. i AO_ a^ — a c a a.1 6TH AVENUE, f' 5TH AVENUE ' _ r _ ` _ I LS3RD, W 1AVENUE'1 OWC cn CR 62.7 I I II 6TH AVENUE . I i I I mose _ — • Proposed Lot Locations Lot A 12 acres Ditch FAMILY FARM DIVISION NO. FFD21-0012 PART CF THE EAST HALF OF THE *1ST HALF OF SECTION 26. TOWNSHIP 6 NORTH. RANGE 64 WEST OF THE 6TH PRINCIPAL MERVUW. COUNTY OF W EL D. STATE CF COLORADO allWV4, '. "*"-1"-- 001010.0.007' 5Asr 'f 1�R��lii� �y �� :Y+ ' 71%. ` b.1471i�'-.tom• • iii cJJR! US. iEd'i 4SUPS it' ki eagniitt - idsQ4•^a :-s �u uic Jae to Aim two Las M 'rlrrr4rYEL." 11.1P1 ire - - • .. Oat __s �ONUS as Lot B 62 acres or.niagewis..1.stit tl�t'i�ilt a a • i '4 • Y-. -4eseca♦ f y• • we'S �- I P; 1 'e et. a !' 1 frOlkfr J `-. ._ Jam• '.' y i7 Gg pyt4ti iek _ •••- goliblic air alit ti .- 1.144. ilF'-The• L sr e • ▪ ; • or Y, r- . `- • 1 , - tat Y+ * wt ire .9 44.6h, :t1.- -7T 4: 4 ago,' I, End FFD23-0008 FAMILY FARM DIVISION NO. FFD23-00XX VICINITY MAP EASEMENT AND RIGHT-OF-WAY NOTES: SURVEYOR'S NOTES: vG5E5°vn[, A�,Du PART OF THE EAST HALF OF THE WEST HALF OF SECTION 28, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO NOTES CONTINUED: HISTORY OF LAND DIVISION: LEGAL DESCRIPTION E �ulon rncl,lc Iw��°ioF�Ex�o o"w.00°iviucuon,� ssc,xr,m'E"u� s`:aw" ssawE:,°a�o�,_A°N,�E�A,N�.,EOFw° PROPERTY OWNER'S CERTIFICATE DEPARTMENT OF PLANNING SERVICES ACCEPTANCE: FON FvkES OIt�CiOa SURVEYOR'S CERTIFICATE: FAMILY FARM DIVISION PART OF THE EAST HALF OF TOWNSHIP 6 NORTH, RANGE 64 WEST COUNTY OF WELD, wEs s�EEvrawx£e 4. wawoa� I.L NO. FFD21-0012 THE WEST HALF OF SECTION 28, OF THE 6TH PRINCIPAL MERIDIAN, STATE OF COLORADO °E.wav _ E , E ,]]se waocou�o,�ee,i s a ,n„ i - .a . b«r.pwnrEamnvEn xESEu wuw 5Etvc°Vu va°r6�oE rE.e6r�°.. haw e.uE:E.Eean os e &vv« 6D rE FOGrD 4gieA' wOtiOF wiv Oa.vrE0r0 �pER! °w ii1VPEp 0.5 enA Er o.Ov5up a.GF LEGEND 4. • ,,,,167 0' • Euowvuas"r,n. *rowsaeis °aw suekciswvG.m FFbE E�nouvo`nniiria°tiov`Pw"E,rvE uw: vo°Fsivit' vg vGib. avp �.vv.. 6p ouw'v` orvavr.�Aear�iovb Hewes . $ LOT B GROSS 61.94 ACRES NET 61.07 ACRES, x = LOT A MORE OR LESS ov'e'v°°'"" GROSS 12.37 ACRES NET 2.34 ACRES, MORE OR LESS 3 � K '£ W � ivL . FEET F.n_aM .pYt tiN w BASIS OF BEARING E.,,, w`wrS0E iow�a:v00io6m5°p�.v`vc"-`Eu msr r.Een ox..,,,,,e vEproT ua',cw E. sr. awls vowvEvrEps New i',6•Wxe°.?6bprE WUwrtxFeulwpEJUa v. uWrvW Cw s].v.Ev at �wuiEO, FlvSt vnn GaOUw 6v EG vx6D_Lw rWwry eEaw wire v.5i0�.�, rvOw L L.e. sFUi.ww,asiiFO FS 0. MVL£NwEsr CF rEE6rE Pv :Wvpw AFQa5 Wl]Y]I,.' o uWiw,v L.P s].WFp.5 �wGr[p.OJ9EEgv OHWw aginw'w n, se xe., __iaRxJ u--- --',—� -- ' 1 ` El vE mc.r-osmuw Gea xw Rsw.se vurto �� le ELDb w56]M p5'xmAPe s.Hx v0 OWiC �EwGEVLEpD.D 6eE i urEEviF nY9 WFif P�nr.w.YEio OerOi-w.v EEVLEv�is $ELiIpV$$etw OwvY:veWmr LN W ]�r pc- SCiOvWeOwG`1$F iFE66tp°`p� vGENwEsi Df rrvEei�.v I/`i}I YWvp rtnF6w wnE ]�t' y�3 C] WveFr`Y1.F[p'D/S i�IDtaiEp.�BE,6px rq.N � 1i6 Aw •,, GtEO. e a e,,,,vpsU.v,,--L. F n6 wE6*B��srv[Ei np. $UGE xa aGExO x r°pEFEEvbVEG°5°>S °,1G° LX66�6a °°UE� � W �EFDSxer6v xHw 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: August 7, 2023 Time: 9:00 a.m. Applicant: David Dewey 4938 West 30th Street Greeley, Colorado 80634 Request: Family Farm Division, FFD23-0008, with Lot A exceeding 10 acres in size (12 acres) Legal Description: Part of the E1/2 W1/2 of Section 28, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 66; approximately 0.25 miles east of County Road 53 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: July 26, 2023 PROPERTY OWNERS FOR A FAMILY FARM DIVISION FFD23-0008 Owner DAVID DEWEY DANIEL DEWEY Address 4938 WEST 30TH STREET 217 53RD AVENUE City GREELEY GREELEY State CO CO Zip 80634-8706 80634 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 Family Farm Division, FFD23-0008, in the United States Mail, postage prepaid First Class Mail as listed above. a a Ui N .11 NM D CI D Len rR a N Dated the 26th day of July, 2023. Jan 1,0ctAtm c�- Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'� . Certified Mail Fee t7 Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ • Adult Signature Required $ • Adutt Signature Restricted Delivery $ Postage Total Postage and Fees ate Postmark Here Sent To ow i a iThtuo Street ndAQL No., or Box �:��F 3 b *let City, 3 Nom tP+4 1D CO $0434 PS Firm 3800, April 201f, PSN 7530-02-000-9047 See Reverse for Instructions 0/ 0 C x B. Received by (Printed Name) a i a) Q) .Q J _ i) . '(d C O n O o M N U -a U ca c�mf a c Tim• G• S Cl) EEF,o ccsU U U V) Q) p4-1 CL r E c cu o scam o O Q- v < • • T 0 4� o -13 cn C -0 ro jai (n > 0 • 7 -o ▪ 1.. cd ais o o o ▪ w "O N O Article Addressed to: 7 0 0 Ek-a) 7„- 00 O mk-aND a, w C 4 a. -c a) a) a) rn .m a) CL CCCcncncoCC DOD ❑❑ ≥ 'a > -o -p O U a) •c U a) U — ) U C in a) a" t' Cr a) a) 0 Q� v�cc>'> 0 > sroaiC3CHM 7371 ,cc;:ccs9 (n to a) a) — — 0 t7) -o -o 00 C) 5 I -- CU 00 <<OOOO CO❑❑ D D 9590 9402 6749 1074 1329 10 N 4-0 D Ii a a D D a ra- 1 D Domestic Return Receipt CO rn O O 0 CO N- U) 0 co co I° 0 ru a Ui O t• O II ra Ui 1 a N U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . 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 ZL� Postmark Here Sent To Street ail City, Starizi Dwe.A./ ct A- yr., Ltt4 C.D gowaisi PS Form 3800, April 2015 F SN 7530.02-000-9047 See Reverse for Instructions 0 v a) .Q 0 O E fr O4-0 4-• . o zcn cts U 0-0 o co N N 'a §� Q- r- ct w c0 U U p 0 _ C N (n �- L O .C a) la) o 4-' _C a >1 no 4' L C ct3 O o Ua.coQO ■■ ■ >-z DO • 0 o 0 O N 4 0 N a) Oa) sop -o tea? �,C a� w -D >- 0 • m fft. • a L. P- 0 g NC- C O --;1* U) C) CJ Q2 CC€ E 0 6� c_= UU ° 2 2 2 a) o a) o):_.=C C N •e a) a)a) .m o DOD D❑ 0 i� n) > 0 0 i% a) ≥ -0 4) - 0.)D CCa p v a3 U N Q) 12 [C o a�> N a) O v, CC H �aUf��dc-3 Ncc27cC rO U.2"O 'O O O Van In w a<0000 6❑❑\DDD 2. Article Number Ri U, a ID O a D Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 FAMILY FARM DIVISION (FFD) APPLICATION FOR PLANNING DEPARTMENT4SE: AMOUNT $ i3 v APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel # O s3 0 2V a 0 0 0 I 1 3t (12 -digit number — found on Tax I.D. information, obtainable at the Weld County Assessor's map found at www.weld.gov) Legal Description E 2Vv Z Section _II, Township Ji, North, Range 103_ West 6" PM PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: , 4A/ I> Company: Phone #: q 71 O '7(o v7 Email: /f/4' Address: 4LI7 30 t.), '3 5 7— City/State/Zip Code: C-i ft 14 L£-'7 Co S OG, 3fl PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Company: Phone d: Address: City/State/Zip Code: APPLICANT/AUTHORIZED AGENT (A thorization Form must be included if there is an Authorized Agent) Name: 1))11,:.I L-- � t F f Company: Phone #: `i 7#9,5-912 /142-3 Email: *. -6.115 A ow a m 02 t L e/%-0, Address: 4e /7 ,53 fie_ City/State/Zip Code: C -r y�JZ e --t1 CO Sipb71 Email: Lot A (Smaller, 10 acres maximum) t 2 ' 31i Lot B (Larger, 35 acres minimum) 6 I. cl Proposed Acreage Address, if any iliAtifi CA 114 -re)� WeffPrrrrrit••#or Water District Tap #, if any N wCwb l4 k0000 n Pr°Nje1 w rN'' ervoSei S€f3't c—� Septic Permit # or.Sa Y► -if sny sf Oyo0I l / I (We) request that the above described property be designated a Family Farm Division by the Weld County Board of County Commissioners. 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. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authiprity to sign ) r the corporation. Signature Print 1-Ag-023 _ -023 _ Date Signature Date Print 1/27/23 5 DEPART` BUILDING, DE AND EN1r 14C AUTHORIZATION FORM I, (We), )41"c' c .1' , give permission to 1 4 /') _ • ) v (Owner - please print) (Authorized Agent/Applicant-please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: c te, 3 Legal Description: of Section , Township N, Range W Subdivision Name: Lot Block Property Owners Information: Address: Phone: (c 71) -9-21 6) 7t/, 6' E-mail: ,t 4 Authorized Agent/Applicant Contact Information: Address: / 7 c3 C1 t�.- - f (_.C 3/ Phone: ('7L j G��, /' 7 3 E -Mail: 141 /71 "f 5 it Cwt-c� ,1 _ �G; vr^%./c t�U Correspondence to be sent to: Owner la Authorized Agent/Applicant by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Owner Signature Date 3 7-?? Date Owner Signature Subscribed and sworn to before me this 2 /-4 t day of I\'({' ,,Cc l , 20 3 by t. My commission expires 0e`f . 2 .7.C24-5- KAREN ANN MELBY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214042425 MY COMMISSION EXPIRES OCTOBER 27, 2025 1/27/23 t'f_c --771O -� Notary Public FAMILY FARM DIVISION (FFD) QUESTIONNAIRE Answer the following questions per Section 24-7-30.H of the Weld County Code. Please type on a separate sheet. 1. Explain the reason for the Family Farm Division request. -- U ie r Gt i ✓ dtf?. Pa, -e -P -Q 2. Explain the reason of the proposed division layout. 4 /5 144,,L77. „,J2 Ct4it.% 3. Describe the existing and proposed uses of the property. a // g4" -c pie L �� w l 1/ 194, i �jo ar D ,/� _t �rr,� 4. Describe the existing and proposed potable water source. �. 5. Describe the existing and proposed sewage disposal system. l(ZcP,‘-e- i 5 et f 6. Describe existing and proposed improvements. 7. Gruel -- � 11 -- Describe any existing and proposed easements and rights -of -way. 4 t -9 ► y l^5� t�J aty� / d n.c.ce-95 8. Describe the existing and proposed access to the site. 9. Describe the current irrigation practices occurring on the site. r49 -94P 10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay district. / T i 5 , c/► c,G,,e c✓lii �� at', d_2 s v N` � � ' / / �t •. w � �`e-�' /u-�Q �f �P, � : y �� gas J� �''� 11. Detail the location of any on -site oil and gaffs facilities, irrigation ditches/laterals, pipelines, overhead/ lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc. 1/27/23 No Giver% ! r t 1 l• fri� . , �1 irxt� y a r *Le we 4 .5,7' 24C t: / FAMILY FARM DIVISION (FFD) AFFIDAVIT I/We, the undersigned, attest that the proposed Family Farm Division is for the purpose described in Section 24-7-10 and Section 24-7-30.C of the Weld County Code, specifically: The Family Farm Division is for the benefit of the family farm or ranch. Signature 'PA,/ rD LFu'f Print State of Colorado ) ) ss. County of _) Date Signature Print The foregoing certification was acknowledged before me this '21 day of Mi ,'1 20 7:5 . My commission expires to -L . 2 7) 7 ( L`5 Witness my hand and Seal. Notary Public 1/27/23 KAREN ANN MELBY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214042425 MY COMMISSION EXPIRES OCTOBER 27, 2025 3- 27-7.3 Date Weld County Referral May 24, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant David Dewey Case Number: FFD23-0008 Please Reply By: June 14, 2023 Planner: Diana Aungst Project FAMILY FARM DIVISION Parcel Number: 080128000017-R1226286 Legal: PART E2W2 SECTION 28, T6N, R64W of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to CR 66 and approximately 0.25 miles east of CR 53 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. EiWe have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ElWe have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date Agency Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 MEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, Development Review DATE: May 25, 2023 SUBJECT: FFD23-0008 Daniel Dewey The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning Services. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel: 080128000017. The project proposes to create a FAMILY FARM DIVISION. ACCESS: Development Review has reviewed the application materials related to access. There are two existing access points onto CR 66 — one in the northwestern corner of the parcel and one in the northeastern corner of the parcel. The western access will be used by Lot A and the eastern access will be used by Lot B. These access points appear to meet the Minimum Access Spacing Criteria. The applicant shall obtain access permits for these locations. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plat. All "preliminarily approved" accesses are subject to change during the access permitting process. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 66 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. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldoov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. County Road 66 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 on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Development Review) 2. Show and label the preliminarily accepted access points onto CR 66. Include access permit type (e.g. Residential, Agricultural). (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The historical flow patterns and runoff amounts will be maintained on the site. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Diana Aungst, WC Planning From: Lauren Light, Environmental Health Services Date: June 5, 2023 Re: FFD23-0008 Applicant: David Dewey Environmental Health Services has reviewed this proposal to exempt 1 lot from 74.24 acres. Proposed Lot A will consist of 12.34 acres and proposed Lot B will consist of 61.9 acres. Proposed lot A is currently served by a tap from North Weld County Water District and an existing On -site Wastewater Treatment System permitted for 4 bedrooms (SP -0400411). Proposed lot A is vacant and will be served by an individual well, due to North Weld County Water District moratorium, and an on -site wastewater treatment System if a residence is constructed. The Environmental Health Services Division recommends the following: The following should be included as notes on the plat: 1 This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e., domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2. If a residence is constructed, a Weld County On -site Wastewater Treatment System Permit is required and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org 4822085 Pages: 3 of 3 04/27/2022 11.00 00 R F..:$23.00 0 F..:$0.00 Carly KePpea, Clerk and Raoorder, Wild County , CO DATE FILED: Junc 25, 2021 3:02 PM CO District Court ❑ Denver Probate Court Weld County, Colorado Court Address: 901 W Ave Greeley, CO, 80631 A COURT USE ONLY A In the Matter of the Estate of: Shirley A. Dewey, aka Shirley Ann Dewey, aka Shirley Dewey Deceased Case Number: 2021PR30345 Division: 1 Courtroom LETTERS ® TESTAMENTARY O OF ADMINISTRATION David E. Dewey (name) was appointed or qualified by this court or its registrar on June 25, 2021 (date) as: 0 Personal Representative; or ❑Successor Personal Representative. The decedent died on April 16, 2021 (date). These Letters are proof of the Personal Representative's authority to act pursuant to § 15-12-701, et.seq., C.R.S. ®The Personal Representative's authority is unrestricted; or ❑The Personal Representatives authority is restricted as follows: Date: June 25.2021 Mathew Werth Probate Registrar, CERTIFICATION Certified to be true copy of the original in my custody and to be in full force JUN 2 5 L� (date). Probate Registrar/Dep . ty C erb o Court 4822085 Pogo*: 1 of 3 04/27/2022 11:00 AM R Ro.:$23.00 C Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII I �.rIIMI'� �4 hMt'kM4iM VCR 11111 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by David E. Dewey as Personal Representative of the Estate of Shirley A. Dewey, deceased, Grantor, to David E. Dewey, Individually, Grantee, whose legal address is 4983 W. 30th Street, Greeley, Colorado 80634 of the County of Weld, State of Colorado. WHEREAS, Shirley A. Dewey died testate in Greeley, Colorado on April 16, 2021; WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated July 30, 2020, which Will was duly admitted to informal probate on June 25, 2021 by the District Court in and for the County of Weld, State of Colorado, Probate Case Number 2021 PR 30345; WHEREAS, Grantor was duly appointed Personal Representative of said Estate an June 25, 2021, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer, and set over unto said Grantee as the person entitled to distribution of the property in the above -captioned Will the following described real property and any improvements located thereon situate in the County of Weld, State of Colorado: All that part of the East Half (E1/2) of the West Half (W1/2) of Section Twenty-eight (28), Township Six (6) North, Range Sixty-four (64) West of the 6th P.M., in Weld County, Colorado, lying North of the right-of-way of the Union Pacific Railroad, except that parcel described as follows: Beginning at a point on the west line of the E1/2 of the W1/2 of said Section, whence the West Quarter corner on the North line of said Section 28 bears due North 1612 feet; thence South 81°26' East 378 feet; thence South 42°31' East 145.8 feet; thence South 22°8' East 322 feet; thence South 7°19' East 132.5 feet; thence South 9°45' West 104.2 feet; thence South 30°45' West 320.8 feet; thence North 64°51' West 473 feet; thence due North 772 feet to the point of beginning, said excepted parcel containing 10.2 acres. The total acreage of the above described farm being 73.8 acres, more or less; together with four (4) shares of the capital stock of the New Cache la Poudre Irrigating Company; eight (8) shares of the capital stock of the Cache la Poudre Reservoir Company; and four (4) shares of the capital stock of the North Side Lateral Company; 25 -acre foot units of water of the Northern Colorado Water Conservancy District allotted to this property, together with one-half (%:) interest in and to 1 4822085 Pages: 2 of 3 04/27/2022 11:08 AM R Fse:$23.00 0 Fee:$0.00 Ceriy Koppee. Clerk and Recorder, Weld County , CO 11111 11111 right-of-way for irrigating ditch located on the West line of that part of the E1/2 of the W1/2 of said Section 28 lying North of the Union Pacific Railroad Company's right-of-way as more particularly described in Deed recorded in Book 414, page 179 and subject to Agreement for maintenance of tile line as recorded in Book 1132, page 489 of the Weld County Records. With all appurtenances, subject to the following: covenants, conditions, rights -of -way, easements, reservations, and restrictions of record; easements, encroachments and boundary line variances not shown by the public records; general property taxes for the year 2022. As used herein, the singular includes the plural and the plural the singular_ (THIS DEED IS GIVEN TO THE PERSON ENTITLED TO DISTRIBUTION OF THE ESTATE AS THE SOLE HEIR AND SOLE DEVISEE PURSUANT TO THE LAST WILL AND TESTAMENT OF THE DECEDENT, AND NO CONSIDERATION HAS BEEN GIVEN BY THE GRANTEE. THEREFORE, NO DOCUMENTARY FEE IS REQUIRED.) Executed Z. 1-7 , 2022. STATE OF COLORADO ) ss. COUNTY OF WELD David E. Dewey Personal Representative of the Estate of Shirley A. Dewey, Deceased The foregoing instrument was acknowledged before me this nd y of 8 C 2022, by David E. Dewey, as Personal Representative of the Estate of Shirley A. Dewey, Deceased. Witness my hand and official seal. LINDA S. BARTHOLOMEW NOTARY PUBLIC STATE OF COLORADO NOTARY ID 10964011278 MY COMMISSION MIRES July 01, 2024 My Commission Expires: Notary Public I O S5"— 4*- 4-04- CA Address 2 Weld County Treasurer Statement of Taxes Due Account Number RI226286 Parcel 080128000017 Legal Description Situs Address 9928 PT E2W2 28 6 64 LYING N OF N LN ABDN UPRR R/W EXC BEG 1612'5 OF N4 COR N W4 88113261E 378' S42D31'E 145 8' 26248 COUNTY ROAD 66 WELD S22D08'E 322' S07D19'E 132 5' S09D45'W 104 2' S3UD45'W 320.8' N64D5 t'W N473' TO BEG ( I R) Account: R1226286 DEWEY DAVID E 4938 W 30TH ST GREELEY, CO 80634-8706 Year Charges 2022 Tax Billed Payments $977.54 $977.54 Balance $0.00 Grand Total Due as of 05/23/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 0713 - 0713 Authority WELD COUNTY SCHOOL DIST RE7 NORTHERN COLORADO WATER (NC PLATTE VALLEY FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy Amount 15.0380000• $365.28 9.5530000 $232.05 1.0000000 $24.29 5.1650000 $125.46 6.3070000 $153.19 3.1810000 $77.27 40.2440000 $977.54 Values Actual Assessed AG -FLOOD $54,519 $14,390 IRRRIGATED LAND AG -GRAZING LAND $271 $70 FARM/RANCH $138,024 $9,590 RESIDENCE -IMPS OTHER BLDGS.- $919 $240 AGRICULTURAL Total $193,733 $24,290 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MI1.ST RF IN n1 IR (FFIC, ANn Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: Date: ,1","rfate9 Hello