HomeMy WebLinkAbout20222893.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION
FINAL PLAN, RLDF22-0002, FOR FOUR (4) LOTS WITH A (AGRICULTURAL) ZONE
DISTRICT USES - CMH HOMES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
October, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, for a Site
Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots
with A (Agricultural) Zone District Uses, on the following described real estate, being more
particularly described as follows:
Being part of the E1/2 SE1/4 of Section 36,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tracy Johnson, CMH
Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, and
WHEREAS, Section 24-6-60 of the Weld County Code provides standards for review of
said Rural Land Division Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the overview and standards of
Sections 24-6-10 and 24-6-20 of the Weld County Code.
A. Section 24-6-10.A states: "The Rural Land Division is an alternative
process for development and review of subdivisions proposing a maximum
of four (4) lots in the A (Agricultural) Zone District."The Rural Land Division
process utilizes both the Sketch Plan and Final Plan application processes
described in Article VI, of Chapter 24, of the Weld County Code, as
amended. The Rural Land Division process does not include a Change of
Zone. The proposal went through the Rural Land Division Sketch Plan
phase, RLDK21-0004, and it was the opinion of the Department of Planning
Services that the proposed Rural Land Division will comply with
Chapter 24, Article VI, Sections 24-6-10 and 24-6-20 of the Weld County
Code.
B. Section 24-6-10.B states: "Lots which are part of a Historic Townsite or any
recorded Planned Unit Development, major or minor Subdivision,
Resubdivision or Recorded Exemption lots that do not meet the criteria, per
Cc: PL(TP/Mw/DA) CA 6cm), APPI..
II/IS/22.
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Section 24-6-20.A.7 of the Weld County Code, as amended, shall not be
divided by a Rural Land Division." The proposed Rural Land Division Final
Plan is located on a metes and bounds described property that is 41 acres
in size. The subject property meets the criteria of Section 24-6-10.B and
the property owner is eligible to apply for a Rural Land Division.
C. Section 24-6-10.C — A Rural Land Division may be considered a
Non -Urban Scale Development or Rural Scale Development, as defined in
Section 24-1-40 of the Weld County Code, as amended. The definition of
the following development classifications are as follows:
"Development, Rural Scale: Rural scale developments require a potable
water source, private sewer systems and internal roads. This development
type allows remaining areas to be utilized for agricultural purposes, open
space and environmental conservation."
"Development, Non -urban Scale: Developments comprised of nine (9) or
fewer lots. These types of developments are only permitted outside of
one (1) mile of a municipal sewer line. Nonurban scale developments
require a public water source and public sewer or On -site Wastewater
Treatment Systems (OWTS). Internal paved roads and storm drainage may
be required."
The proposed Rural Land Division is considered Rural Scale Development.
The proposed Rural Land Division is located outside of one (1) mile of
municipal limits and is located more than one (1) mile from a public sewer
line.
D. Section 24-6-10.D — The Resubdivision requirements shall be followed
when proposing modifications to a recorded Rural Land Division plat, as
described in Chapter 24, Article IX, of the Weld County Code, as amended.
Additional lots may be created by the Resubdivision process within an
existing Rural Land Division, so long as the overall number of total lots in
the existing Rural Land Division does not exceed four (4) lots. Once the
proposed Rural Land Division Final Plan is recorded, it will follow the
Resubdivision process outlined in Chapter 24, Article IX, if lot lines need to
be adjusted or if there is desire to create additional lots.
E. Section 24-6-10.E — The Rural Land Division shall adhere to Chapters 22
and 23 of the Weld County Code and the Subdivision General Provisions,
Conformance Standards, and Subdivision Design Standards, per
Chapter 24, Articles I, II, and III of the Weld County Code, as amended.
This Rural Land Division Final Plan application complies with Chapter 22
[Comprehensive Plan], Chapter 23 [Zoning Ordinance] and Chapter 24
[Subdivision Ordinance], all of the Weld County Code. Compliance with the
above Chapters was demonstrated in the Rural Land Division Sketch Plan
(RLDK21-0004) staff report.
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F. Section 24-6-20.A.1 — The property to be divided by the proposed Rural
Land Division shall be comprised of legal lots. The proposed Rural Land
Division Final Plan is located on a metes and bounds described property
of approximately 41 acres in size, being larger than the minimum lot size in
Weld County of 35 acres, and meets the intent of, the definition of, Legal
Lot, in Section 24-1-40, "Any lot created after December 28, 2000, in
compliance with the Chapter 24 of the Weld County Code and in
conformance with the bulk requirements and other regulations of the Zone
District where the lot is located."
G. Section 24-6-20.A.2 — Lots within a Rural Land Division shall be served by
a public water supply system. The applicant submitted a Water Main
Extension Contract and a Tap Fee Agreement, dated April 8, 2022, with
the application materials. This agreement is between CMH Homes, Inc.,
and the Central Weld County Water District (CWCWD) for the four (4) lots
of this Final Plan (RLDF22-0002). Proposed Lot 4 is currently serviced by
an existing, domestic well (#217001). The existing residence will utilize the
well for outside use and will use the CWCWD tap for inside use. Per the
referral comments received from the Colorado Division of Water
Resources, dated June 29, 2022, re -permitting of the existing well is not
required. This water agreement has been reviewed and approved by the
Weld County Attorney's Office.
H. Section 24-6-20.A.3 — Lots within a Rural Land Division shall be served by
an On -site Wastewater Treatment System (OWTS) or public sewer. The
residence that is located on proposed Lot 4 currently and has an OWTS,
SP -9900380, per the application materials and the Department of Public
Health and Environment referral, dated January 18, 2022. The proposed
new residential lots will be served by future OWTS.
Section 24-6-20.A.4 — The Rural Land Division shall only be approved on
property located in the A (Agricultural) Zone District. The proposed Rural
Land Division will be located on property zoned A (Agricultural).
J. Section 24-6-20.A.5 — Any proposed Rural Land Division must be
separated by a minimum of 1,320 feet or one -quarter (1/4) mile, in any
direction, as measured from the exterior property line of any existing,
platted Rural Land Division or Minor Subdivision. The nearest platted
subdivision is Beebe Draw Farms Equestrian Center and is located
approximately 1.45 miles southeast of this proposed Rural Land Division.
K. Section 24-6-20.A.6 —The maximum parcel size on which a Rural Land
Division is proposed shall not be greater than 45 acres. The subject lot the
proposed Rural Land Division is a total of 41.34 acres in size.
L. Section 24-6-20.A.7 — If the proposed Rural Land Division will be located
on the largest lot of a Recorded Exemption, the following applies. This
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criteria is not applicable, since the proposed Rural Land Division is not
located on a Recorded Exemption lot.
M. Section 24-6-20.A.8 — The maximum number of lots within the Rural Land
Division shall be four (4) lots. The subject Rural Land Division is proposing
the maximum four (4) lots.
N. Section 24-6-20.A.9 The minimum lot size in a Rural Land Division shall
be three (3) acres net. Three (3) of the four (4) proposed lots for the Rural
Land Division are approximately five (5) acres in size, with one (1) lot
proposed to be approximately 21 acres.
O. Section 24-6-20.A.10 — Rural Land Divisions shall not be financed by a
Title 32 Metropolitan District. This proposed Rural Land Division is not
financed by a Title 32 Metropolitan District.
P. Section 24-6-20.A.11 — A Homeowners Association is not required but may
be voluntarily created and managed by the residents within the Rural Land
Division. A Homeowners Association is not being proposed with this Rural
Land Division, per the application materials.
Q. Section 24-6-20.A.12 — Drainage and utility easements within Rural Land
Division shall follow the easement standards, per Chapter 24, Article III, of
the Weld County Code, as amended. The proposed Rural Land Division
will adhere to the easement standards, per Chapter 24, Article III, of the
Weld County Code. Therefore, a Utilities Coordinating Advisory Committee
meeting is not required.
R. Section 24-6-20.A.13 — The Rural Land Division lots shall be accessed via
a single internal, publicly dedicated right-of-way and shall be privately
maintained, according to a Road Maintenance Agreement applicable to all
present and future lot owners. The subject Rural Land Division is proposing
one internal publicly dedicated right-of-way. A Condition of Approval has
been added to ensure a Road Maintenance Agreement is executed for the
benefit of the current and future lot owners of the Rural Land Division.
S. Section 24-6-20.A.14 — No access easements are permitted within a Rural
Land Division to serve parcels within, or not a part of, the development. No
access easements are proposed in the Rural Land Division.
T. Section 24-6-20.A.15 — The Rural Land Division roadway shall intersect
with a publicly maintained right-of-way. The proposed Rural Land Division
internal roadway will intersect with County Road 38. County Road 38 is a
publicly maintained right-of-way.
U. Section 24-6-20.A.16 — The Rural Land Division internal roadway shall be
perpendicular to the publicly maintained right-of-way. The proposed Rural
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Land Division internal roadway will be perpendicular to County Road 38,
per the application materials.
V Section 24-6-20.A.17 — The Rural Land Division shall not connect directly
onto County arterial roads or County, State, or Federal highways.
County Road 38 is a gravel road and is designated as a local roadway, per
the 2020 Weld County Functional Classification Map.
W. Section 24-6-20.A.18 — The Rural Land Division roadway shall be
designed, constructed and maintained by private recorded agreement
between the landowners within the Rural Land Division. A Condition of
Approval has been added to ensure the applicant executes a recorded
private agreement for the maintenance of the Rural Land Division roadway.
This agreement will benefit the current and future landowners within the
Rural Land Division.
X. Section 24-6-20.A.19 — The internal access roadway shall meet all safety
criteria as outlined in Chapter 8, Article XIV, of the Weld County Code. Per
the Department of Planning Services — Development Review referral, dated
July 21, 2022, the applicant shall submit the construction drawings for the
design of the internal road for the Rural Land Division, that includes the
required right-of-way specified in Chapter 8 of the Weld County Code and
an emergency vehicle turn -around that meets the safety criteria, as outlined
in Chapter 8 of the Weld County Code.
Y Section 24-6-20.A.20 — The Rural Land Division shall be designed to meet
the requirements of local governments or districts to provide fire and police
protection or other emergency services. Per the Department of Planning
Services — Development Review referral, dated July 21, 2022, the applicant
shall submit the construction drawings for the design of the internal road
that includes an emergency vehicle turn -around that meets the safety
criteria as outlined in Chapter 8 of the Code. The LaSalle Fire Department
did not return a referral response. Planning Staff recommends the applicant
contact the LaSalle Fire Department to ensure the fire district does not have
any concerns with the proposal.
Z. Section 24-6-20.A.21 — The Rural Land Division shall be designed to
preserve prime agricultural land. The proposed Rural Land Division will not
remove any prime agricultural land out of production. The current parent
parcel is 80 acres in size. This parcel is in process of being split, via deed.
Therefore 41 acres will be used for the RLDF, and the other 39 acres will
remain separate for farmland and grazing.
AA. Section 24-6-20.A.22 — The Rural Land Division shall be designed to
preserve wetlands, wildlife habitats, historical sites or burial grounds. The
proposed Rural Land Division will not negatively impact wetlands, wildlife
habitats, historical sites or burial grounds.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of CMH Homes, Inc., for a Site Specific Development Plan
and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone
District Uses, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the Rural Land Division Final Plat:
A. The applicant shall acknowledge the advisory comments provided by the
Oil and Gas Energy Department, as stated in the referral response, dated
September 16, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall satisfy the concerns of Weld County School
District RE -1, as stated in the referral response, dated September 28,
2021, per Section 24-8-40.K.1 of the Weld County Code. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The applicant shall submit the name of the street of the proposed
development, along with the street addresses, for review to the Weld
County Sheriff's Office, Department of Planning Services - Addressing,
United States Postal Services, and LaSalle Fire Protection District.
Evidence of each agency's approval shall be submitted, in writing, to the
Department of Planning Services. This road name will be used in
addressing of the Rural Land Division lots. There shall be no duplication of
road names within the area.
D. The applicant shall create and record a private Roadway Maintenance
Agreement between the landowners within the Rural Land Division, for the
maintenance of the Rural Land Division roadway. Written evidence of such
shall be submitted to the Weld County Department of Planning Services.
E. An Improvements and Road Maintenance Agreement is required for on -site
improvements at this location for an internal roadway. Off -site roadway
improvements may be required as a part of the agreement. Road
maintenance includes, but is not limited to, dust control and damage repair.
The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of
completed improvements.
F. Construction drawings for the design of the internal road, that includes the
required right-of-way specified in and all the design standards included in
Chapter 8 of the Code that includes and an emergency vehicle turn -around
that meets the safety criteria as outlined in Chapter 8 of the Code, shall be
submitted.
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G. The Rural Land Division Plat shall delineate the following:
1) All pages shall be labeled: RLDF22-0002.
2) The plat shall be prepared, per Section 24-6-70. of the Weld County
Code.
3) The plat shall contain the certification blocks, per Appendix 24-B of
the Weld County Code.
4) All recorded easements and rights -of -way shall be delineated on
the plat by book and page number or Reception number.
5) The applicant shall show and label the internal Rural Land Division
roadway with the approved road name, width, radii, surface type,
etc. A Stop sign and road name sign shall be shown at the proposed
intersection.
6) The applicant shall show and label the existing oil and gas
infrastructure onsite. Setback radiuses for existing oil and gas tank
batteries and wellheads shall be indicated on the plat, per the
setback requirements of Section 23-3-70.E, of the Weld County
Code. Reference the recorded Easement, Right-of-way and
Surface Use Agreement and access roads related thereto.
7) Utility and Drainage easements shall be delineated on the plat, per
Section 24-3-60 of the Weld County Code.
8) County Road 38 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing right-
of-way (along with the documents creating the existing right-of-way)
and the physical location of the road on the plat. If the existing right-
of-way cannot be verified it shall be dedicated or reserved, per Weld
County Code. The applicant shall also delineate the physical
location of the roadway. Pursuant to the definition of setback in the
Weld County Code Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained
by Weld County.
9) County Road 37 is an unmaintained section line right-of-way. The
applicant shall verify and delineate the unmaintained right-of-way
and the documents creating the right-of-way on the map. All
setbacks shall be measured from the edge of the right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way.
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Show and label the section line right-of-way as "CR 37 Section Line
of right-of-way, not County maintained."
10) The applicant shall show and label the internal roadway and the
publicly dedicated right-of-way used to access Lots 1, 2, 3, and 4
from the maintained County Road 38, from the lots, to, and
including, the maintained County Road access point. All setbacks
shall be measured from the edge of the right-of-way. This road will
not be maintained by Weld County. Show and label the right-of-way
as "Platted Right-of-way, not County maintained."
11) The applicant shall show and label the approved access point and
the usage type (Development Access). The access location will be
reviewed as a part of the plat submittal. The existing access point
onto County Road 38 shall be closed and reclaimed, such that only
access for Lot 4 onto County Road 38 is via the internal road.
H. The following notes shall be delineated on the Rural Land Division Final
Plat:
1)
A Site Specific Development Plan and Rural Land Division Final
Plan, RLDF22-0002, is for the creation of four (4) Lots with
A (Agricultural) Zone District uses.
2) All existing and future uses in the Rural Land Division are subject
to A (Agricultural) Zoning requirements, as shown in Chapter 23,
Article III, Division 1, of the Weld County Code, as amended.
3) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
4) Installation of utilities and requirements of the service providers
shall comply with Section 24-3-60 and Section 24-3-180 of the Weld
County Code. Property owners shall not construct any
improvements within identified easements.
5) A Homeowners Association is not required but may be voluntarily
created and managed by the residents within the Rural Land
Division.
6) The Rural Land Division roadway shall be designed, constructed
and maintained by a private recorded agreement between the
landowners within the Rural Land Division.
7) Stop signs and street name signs will be required at all
intersections.
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8) Water service may be obtained from the Central Weld County
Water District.
9) The parcels are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
10) Activity or Use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
11) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
12) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
13) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
14) Any work that may occupy and/or encroach upon any County rights -
of -way or easement shall require an approved Right -of -Way Use
Permit prior to commencement.
15) The property owner shall comply with all requirements provided in
the executed Improvements and Road Maintenance Agreement
with up -front on -site improvements.
16) The historical flow patterns and runoff amounts will be maintained
on the site.
17) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
18) Failure to Comply - The property owner shall comply with the
recorded plat notes and lot configuration. Noncompliance may
result in withholding Weld County permits.
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19) The Resubdivision process shall be followed when proposing
changes to a recorded Rural Land Division plat, as described in
Chapter 24, Article V, of the Weld County Code, as amended.
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
21) 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. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall
submit a Mylar plat along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Sections 23-2-50.C and D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within
180 days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. Failure to Record. If the Rural Land Division plat has not been recorded within
180 days from the date of approval by the Board of County Commissioners, or if
an applicant is unable to meet any of the conditions within 180 days of approval,
the Director of the Department of Planning Services may grant an extension for a
period 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.
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4. Failure to Construct. If no construction has begun in the Rural Land Division within
three (3) years of the date of the approval of the Rural Land Division Final Plan,
the Department of Planning Services may require the property owner to appear
before the Board of County Commissioners and present evidence substantiating
that the Final Plan has not been abandoned and that the applicant possesses the
willingness and ability to continue the Rural Land Division. The Board of County
Commissioners may extend the date for initiation of the Rural Land Division
construction and shall periodically require the applicant to demonstrate that the
Rural Land Division has not been abandoned. If the Board of County
Commissioners determines that conditions supporting the original approval of the
Rural Land Division Final Plat have changed or that the property owner cannot
implement the Rural Land Division Final Plat, the Board of County Commissioners
may, after a public hearing, revoke the Rural Land Division Final Plat and order
the recorded Rural Land Division vacated.
5. 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).
6. In accordance with Appendix 5-J of the Weld County Code, should the Rural Land
Division Final Plat not be recorded within the specified timeline from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
fee shall be added for each additional three (3) month period.
7. No subdivision development shall commence until a Rural Land Division Final Plan
application is approved and a Rural Land Division Final Plat is recorded in the
Weld County Clerk and Recorder's Office and the improvements are constructed,
per the terms of the Improvements Agreement.
8. Following recordation of the Rural Land Division Final Plat, the property owners
shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the Reception number of the Rural Land Division
Final Plat. New deeds are required even if lots will remain under the same
ownership. Failure to do so may create issues with the proper assessment of the
lots by the Weld County Assessor's Office and may create a clouded chain of title.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �j�Q`a,A) r. JClto•ii
Sco!K. James, Chair
Weld County Clerk to the Board
eputy Clerk to the oard
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