HomeMy WebLinkAbout20211661.tiffRESOLUTION
RE: APPROVE VACATION OF TWO -LOT RECORDED EXEMPTION, RECX17-0167, AND
RECOMBINE LOTS INTO ONE PARCEL - FREEDOM HOLDING COMPANY, LLC,
C/O DONALD SACK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 20, 2017, the Department of Planning Services approved
Two -Lot Recorded Exemption, RECX17-0167, creating parcels of 94.9 acres and 26.0 acres
in size, more or less, and
WHEREAS, said property is located in part of the E1/2 NE1/4 and the NW1/4 NE1/4 of
Section 34, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, being
more particularly described as Lots A and B of Recorded Exemption, RECX17-0167, and
WHEREAS, the Board has received a request from Freedom Holding Company, LLC,
c/o Donald Sack, P.O. Box 1091, Brighton, Colorado 80601-1091, to vacate said Recorded
Exemption, RECX17-0167, which was recorded March 1, 2018, at Reception #4379076 in the
records of the Weld County Clerk and Recorder, 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation, and
WHEREAS, any persons owning dedicated and recorded easements and rights -of -way
crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Recorded Exemption, RECX17-0167, be, and hereby is, vacated, and the
Lots, be, and hereby are recombined into one parcel.
BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and
recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the recorded vacation
plat.
4738517 Pages : 1 of 2 GG PL.C/Sl TPA.
g
07/23/2021 10:49 AM R Fee:$0.00 PLCCarly Koppes, Clerk and Recorder, Weld County , CO A
VIII RICAMOKlildKOI N I MINN ogioCote1
2021-1661
RECX17-0167
VACATE TWO -LOT RECORDED EXEMPTION, RECX17-0167, AND RECOMBINE LOTS INTO
ONE PARCEL - FREEDOM HOLDING COMPANY, LLC, C/O DONALD SACK
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: digtif44)
Steve A oreno, Chair
Weld County Clerk to the Board
BY
APP
114
ou ' Attorney
Date of signature: (-€W zl
4738517 Pages: 2 of 2
07/23/2021 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII1��11�h1��bh+a'II�i�l�'��'�1�'��1+4h14'�41�i�+S�ll4�h Inn
Sco
Lori
2021-1661
RECX17-0167
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
PARCEL NUMBERS:
PARCEL SIZE:
ZONE DISTRICT:
NARRATIVE:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Angela Snyder, Planner II
Vacation of RECX17-0167
June 14, 2021
Freedom Holdings, LLC c/o Donald Sack
Lots A and B of Recorded Exemption RECX17-00167, being the E2NE4 and
the NW4NE4 of Section 34, T1 N, R65W of the 6th P.M., Weld County, Colorado
South of and adjacent to County Rd 4, west of and adjacent to County Rd 45
1473-34-1-00-027 & 1473-34-1-00-028
+/- 120.868 acres
A (Agricultural)
The Department of Planning Services, on April 28, 2021, received the attached
letter dated November --April 17, 2021 from Donald Sack, Manager of Freedom
Holding Company LLC, requesting a vacation of the plat of Recorded Exemption
RECX17-0167, recorded March 1, 2018, reception #4379076. No easements
were created by the plat of RECX17-0167 and therefore no other interests are
affected by the request. The draft vacation plat has been approved and is also
attached. The resulting parcel will be larger than thirty-five (35) acres.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
2021-1661
Page 1 of 1
-RtC* 11- D I C 7
Weld County Planning Department April 17, 2021
RE: Vacating RECX17-0167
This is a quest to vacate the recorded exemption. Please see the attached
Recorded Exemption No. 1473-3401 RECX17-0167 plat.
Thank you,
Donald Sack Manage
Freedom Holding Company LLC
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Freedom Holding Company LLC
is a
Limited Liability Company
formed or registered on 08/26/2008 under the law of Colorado, has complied with all applicable
P pp cable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 20081453525 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
04/15/2021 that have been posted, and by documents delivered to electronically
p g
this office electronicthrough
04/16/2021 @a., 15:27:29 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued
this
official certificate at Denver, Colorado on 04/16/2021 @ 15:27:29 in accordance with applicable law.
This certificate is assigned Confirmation Number 13103640 .
Se'cietar` of State of the State of Colorado
*************s*s**ss*s*********s*sss*s**s****End of Certificate******s*s*****s*ss****s*******s*s*s********
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fad& and immediately valid and effective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate page of the Secretary of State's Web site, 't p t „ ;,, h►: ( 'c rtufh ateScarc-hc viwrria do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely
optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, hill,
L u • . r < <: , click "Businesses, trademarks, trade names" and select"Frequently Asked e� �tlPstlonS.
VACATION PLAT FOR RECORDED EXEMPTION NO 1473-34-01 RECX17-0167
Part of the Northeast 1/4 of Section 34
Township 1 North Range 65 West of the 6th P M
County of Weld State of Colorado
Sheet 1 of 1
PROPERTY DESCRIPTION
TIE PLAT R 1 loll R UNDIS .WI R IS R�ECENI ON N RANEE D WEST IO A PHE D OiF A
C0 Di NE1D SfEDOF CUIDMDO HIP NORRI RANGE 65 WFSI OF THE BRI PY
PROPERTY OWNER S CERTIFICATE
PPROPERTYW DONEAEECCY Y�AGRETUE LONG 05450WWPUT OR REGIS NOT R RE DONNIIED
AS AN UNPUTTED TRACT OF GAMS
DON SACK AS ONAGER OF FREEDOM HOLDING COMPANY ILL
R.MY.T I -j. WW1. IMO' OM m
I
L7IW¢GV°ro 1ssiq I
\ /
smarary
,COUNTY L
RCM -I 0 NO 4 �.I�.
VACATED
LOT B
RECX17-0167
f i "'n
LEGEND
�^ AUDUOT MONUMENT AS NOTED
W . OIL/GS WELL
m = TANK BATTERY
VACATED
LOT A
RECX1 7-0167
MNAn BR
CIL/rAA WELL
LA¢ Ia :wRA IDR
F
GRAPHIC SCALE
I •200
200 400 600
MBID..W IMFAi 1
STATE or COLORADO) SS
COUNTY OF WEED 7)
THE FOREGOING PLAT WAS ACKNOWLEDGED BEFORE ME BY DON SODS
AS MANAGER OF FREEDOM HOMING COMPANY MC 1X6 DAY
OF DO_.
NOTARY PUBLIC
WY COMNSSION EIMAS
BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL
1N6 VACATION PLAT WAS APPM) BY THE BOARD OF COUNTY MMYISSONERS
Oi WF10 COUNTY STATE OF COIDRA00 wrimors IN RAND AND THE mRPERAIE SAL OF WELD COUNTY IRS__ DAY
OF DO_.
CUSS MASD OF COUNTY COMMISSIONERS
ATTEST
WEED COUNTY CLERK TO WE BOARD
Or
DEPUTY CLERK TO THE BOARD
NOTES
DATE
1) B MS OF DBMNS THE NORTH UNE OF WE NORTHEAST 1/0 OF THE NORTHEAST
0 OF SECTION JA TOWNSHIP I NORTH RANGE 65 WEST OF THE STTH P IL COUNTY
WEED SgTE Oi COLDPADO ASSUM TO BEAR NORTH „II T BF]W6
NONUYENTED ON THE FAST END BY A J A ROAR WRH O 1 AWYINUY CAP PLS
2ISGD AND ON THE WEST END OVA J ♦ REES WITH 2 AWYINOM LAP PUS
13.52 WITH ALL BEARINGS SHOWN X EON REAINE THERETO
EI ANY PERSON WHO iWOWINGLY REMOVED ALTERS OR CODAS ANY PUBLIC CWR
SURVEY LIONyyMWENT OW LAND BOUNNNE! WENUYENT OR ACCESSORY` _CO_CCUS A
CLASS TWO 12) YISDEYEIJAR PURSWNT 10 STATE STATUTE TO -N -Sup CR S
3) CER@1CAYON CANNED TIE UDE Oi 1WE WORD TERIIFY' 0R tFRRnCATON
SURVEYING
A RECISIaIID CONSTITUTES SIOWLL LINO SURVEYOR W IHE PPAORCE OF GAIN
SLRVEYINO CONSUMES AN IMPRESSION OF PROFESSIONAL OPINION REGARDING
NOT CONSUME A WWARRRZNI ON UARA OT E.EIrolric.:c S OFT WAUEO DOES
Al ACCOROWO 1D COLORA00 WY YOU MUST WYYENCE ANY GFLLL ACTIONS BASED
UPOH A DEFECT IN TNID SUR/EY WITHIN OWEE YFAIR AFIEA YOU NRST IN THISER
SUCH DEFECT IN NO EVENT ANY ANY ACTION WSW UPON ANY DEFER IN THIN SURVEY
RE COMMENCED MORE DON Tai TARS FROM THE OAT! OF THE CERTIFICATION SHOWN
MierSUr 006 NOr MNSORRE A THE DAJECH BY AMERICAN WEST WID
S RVLYINC CO TO DETERMINE OWNfl6HIP OR EASEMENTS OF RECORD
&OIWCOiL9 CTIESIGmFIWABUriu W FOOT D n is aIKIWTLYVA JP Yna AS
SURVEYORS STATEMENT
CURIE 0 HMS A PROFESSIONAL LAND SMRIflOR IN WE STATE
BY THIS COLORADO WAN MODE BY CERTIFY AC OUNORO LAY GIRT REPRESENTS,
OFD GUS PON ELAND BELIEF RMWIS SUSO SURVEY
6 NOT W NEST'
mux
A 1111E SEARCH BY YE TO DETERMINE OWNERSHIP
FOR AND ON°B� OF
�TT AIGAM WEST AND SLWJETING CO
A COLORADO CORPORATION
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RECORDED EXEMPT/ON NO. 1473-34-01 RECX17-0167
LOCATED IN THE NORTHEAST ONE -QUARTER OFSECTION 34 TOWNSHIP 01 NORM, RANGE 65 WEST, OF THE 6THP. M.
COUNTY OF WELD, STATE OF COLORADO
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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.
E-mail .messages sent to an individual Commissioner may not be included in thecase file. To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov.com.
DATE: June 23, 2021
TIME: 9:00 a.m.
APPLICANT:
Freedom Holding Company, LLC
c/o Donald Sack
P.O. Box 1091
Brighton, Colorado 80601-1091
REQUEST: Vacation of Two -lot Recorded Exemption, RECX17-0167, and recombine the lots
into one parcel
LEGAL DESCRIPTION: Lots A and B of Recorded Exemption RECX17-0167; being part of the
E1/2 NE1/4 and the NW1/4 NE1/4 of Section 34, Township 1 North, Range 65 West of the 6th
P.M., Weld, County, Colorado
LOCATION: South of and adjacent to County Road 4; west of and adjacent to County Road 45
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 11, 2021
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PROPERTY OWNERS
RECX17-0167
Owner
FREEDOM HOLDING COMPANY LLC C/O DONALD SACK
Address
PO BOX 1091
City
BRIGHTON
State Zip
CO 80601-1091
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
Case Number RECX17-0167, in the United States Mail, postage prepaid First Class Mail as listed above.
Dated the 11th day of June, 2021.
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'
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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
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or on the front if space permits.
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
2. Article Number (Transfer from service label)
7017 1,450 0000 9675 3153
3. Service Type
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
p
Freedom
c/o
Donald
Holding
Sack,
Company
Manager
LLC
RECX17-0167
Planner:
Angela
Snyder
Legal
Description:The
County,
E2NE4
CO
and
the
NW4NE4
of
Section
34,
Ti
N,
R65W
of
the
6th
P.M.,
Weld
Parcel
ID
#:
1473-34-0-00-013
Lot
A Size:
+/- 26.0 acres
Lot
B Size:
+/- 94.9
acres
Water
Source:
Lot
Lot
A:
B:
Proposed
Proposed
Well
Well
Sewer S stem:
y
Lot
Lot
A:
B:
Proposed
Proposed
Septic
Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Onsite Wastewater Treatment System regulations.
2. The applicant has proposed a well as the source of adequate water for Lot A and Lot B. Property
owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,
"Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
RECX17-0167
Page 1 of 5
3 Prior to recording the plat
A The applicant shall address the requirements of Weld County School District RE -3J, as stated
in the referral response dated 10/10/2017 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services
B Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future
road right-of-way
C Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10 B of the Weld County Code Net acreage calculations should not include future road
right-of-way
D Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40 P of the Weld County Code Net acreage calculations should not include future road right-
of-way
4 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 1473-34-01 RECX17-0167
B A 30 -foot -wide joint access and utility easement extending across Lots A and B from County
Road 4, for the benefit of Lots A and B, shall be shown clearly on the plat The joint easement
shall be dedicated for the use as shown using the language set forth in the Weld County
Code, Appendix 24-F 2 The easement shall be graded and drained to provide all weather
access
C County Road 45 is a paved road and is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full buildout The applicant
shall verify and delineate on the plat the existing right-of-way and the documents creating the
existing right-of-way If the existing right-of-way cannot be verified it shall be dedicated All
setbacks shall be measured from the edge of right-of-way This road is maintained by Weld
County
D County Road 4 is a paved road and is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall
verify and delineate on the plat the existing right-of-way and the documents creating the
existing right-of-way If the existing right-of-way cannot be verified it shall be dedicated All
setbacks shall be measured from the edge of right-of-way This road is maintained by Weld
County
E Show and label the proposed and existing access point(s) and the usage types If there are
existing access point identify the usage type, permit number(s) — if applicable, and the spacing
from the nearest access point(s) or roads (centerline to centerline) on the plat
F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50 E of the Weld County Code
G All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
5 The following notes shall be placed on the plat
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line
RECX17-0167
Page 2 of 5
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302 1 of the 2012 International Building Code, shall
be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius
of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas
well Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of
any wellhead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10 C of this Code
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20 C 1
of the Weld County Code
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40 P of the Weld County Code
5) 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
6) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite 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) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications The legal description on such deed shall include the Lot designation and
Recorded Exemption number
9) Prior to the release of building permits on Lots A or B, the applicant shall submit
evidence to the Department of Planning Services that the lot has an adequate water
supply of sufficient quality, quantity and dependability
10) Potential purchasers should be aware that Lot A may not be eligible for a domestic well
permit which allows for outside irrigation and/or the watering of stock animals The
State Division of Water Resources issues all well permits
11) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter
12) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots Any lot may be deemed non -
buildable if the lot owner is unable to obtain a well permit The State Division of Water
Resources issues all well permits
13) The property owner shall control noxious weeds on the site
14) The historical flow patterns and runoff amounts will be maintained on the site
15) Building permits shall be obtained prior to the construction of any building Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20 B 13 of the Weld County Code do not need building permits,
RECX17-0167
Page 3 of 5
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry l
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program
17) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
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 person 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
19) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of services
than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal
pens, field work, harvest and gravel roads, odor from animal confinement, silage and
manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development When moving to the County, property owners and
RECX17-0167
Page 4 of 5
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.
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
8 The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North Fl PS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
9 If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
By: /11
Date: 12/20/2017
Angela Snyder, Planner I
RECX17-0167
Page 5 of 5
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