HomeMy WebLinkAbout20203794.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, DECEMBER 21, 2020
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, December 21, 2020, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
MINUTES: Commissioner Ross moved to approve the minutes of the Board of County
Commissioners meeting of December 16, 2020, as printed. Commissioner James seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Moreno moved to approve the Certification of
Hearings conducted on December 16, 2020, as follows: 1) USR20-0028 — Lonnie Shoemaker,
2) 3MJUSR18-07-1604 - High Sierra Water Services, LLC, do NGL Water Solutions DJ, LLC, and
3) USR20-0025 — Joel and Marcy Konig, do Superior Oilfield Services Company, LTD. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Ross moved to approve the Consent Agenda, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
•
El PUBLIC INPUT: John and Marisa Bell, County residents, stated they attended several weeks ago,;
presented copies of the information concerning two right-of-way and utility easements traversing their :;.
property (Exhibit A), and requested assistance from the Board to get the vacated easement issue
addressed. In response to Bruce Barker, County Attorney, Mr. Bell confirmed they are not presently
represented by legal counsel. Mr. Barker suggested this matter be referred to the County Attorney's
Office for further review to determine whether the property owner's position is contrary to the position of
the County.
F
O9/OS(9O I
Minutes, Monday, December 21, 2020
Page 1
2020-3794
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El WARRANTS:
1) GENERAL WARRANTS — DECEMBER 18, 2020: Commissioner Ross moved to approve the General
Warrants, as printed. Commissioner James seconded the motion, and it carried unanimously.
NEW BUSINESS:
1) CONSIDER 2021-2022 CRIME VICTIM SERVICES (CVS) INTERGOVERNMENTAL GRANT
AGREEMENT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
FOR VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY: JoAnn Holden, District Attorney's Office, presented the two-year grant, in the
amount of $683,823.00, and stated there is no match requirement. Commissioner Kirkmeyer moved to
approve said intergovernmental grant agreement and award letter and authorize the Chair to sign.
Seconded by Commissioner James, the motion carried unanimously. Ms. Holden stated it has been a
pleasure working with the current Board who worked to support the County employees during a very
challenging year, and she looks forward to working with the new Board starting in 2021.
2) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2021 AND AUTHORIZE
CHAIR TO SIGN: Brenda Dones, Assessor, explained this certification is being presented in accordance
with C.R.S. §39-5-128, in which each city, town, school district and special district must certify their mill
levy by December 15th. She stated 466 entities have certified their tax levies, which is an increase of 22
over last year, for an overall total tax $1,133,998,714.00, which is down $8 million from last year, or less
than a one percent (1%) decrease. Ms. Dones explained upon certification the Assessor's Office will
generate and deliver the tax roll to the Treasurer's Office. Commissioner Moreno moved to approve said
certification and authorize the Chair to sign. The motion was seconded by Commissioner James, and it
carried unanimously. Ms. Dones thanked Commissioners Kirkmeyer and Ross for their service to Weld
County.
IP 3) CONSIDER CONTRACT ID #4318 INTERGOVERNMENTAL AGREEMENT FOR
CONTRIBUTION TO ROADWAY IMPROVEMENTS AT INTERSECTION OF CRS 74 AND 35 AND
AUTHORIZE CHAIR TO SIGN — TOWN OF EATON: Elizabeth Relford, Department of Public Works,
stated this IGA details the County's 25% proportional share, in the amount of $1.8 million, for the
proposed roundabout at the intersection of County Roads (CR) 74 and 35, which is scheduled to be
completed in 2022. Commissioner Ross commented it is nice to work with the Town of Eaton and school
district, which will be responsible for the remaining 75%. Commissioner Ross moved to approve said
agreement and authorize the Chair to sign, which was seconded by Commissioner Kirkmeyer, and it
carried unanimously. Commissioner Kirkmeyer thanked Ms. Relford and other staff for working with the
town to get this project covered in their Capital Improvements Plan.
IE 4) CONSIDER CANCELLATION OF 2020 OUTSTANDING ACCOUNTS RECEIVABLE FOR
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barbara Connolly,
Controller, presented the list of receivables which were uncollectable by the Health Department, in the
amount of $15,720.49. Commissioner Kirkmeyer moved to approve said cancellation. Commissioner
Ross seconded the motion, and it carried unanimously.
5) CONSIDER AMENDMENT TO PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
FOR OIL AND GAS AUDITS AND EVALUATION SERVICES AND AUTHORIZE CHAIR TO SIGN -
MARTINDALE CONSULTANTS, INC.: Ms. Dones explained oil and gas is self -reported in Colorado and
stated the benefit of this agreement to audit is it holds the companies accountable, provides reporting
consistency, and trains companies on how to report. The motion to approve said amendment and
Minutes, Monday, December 21, 2020
Page 2
2020-3794
BC0016
authorize the Chair to sign was made by Commissioner James, seconded by Commissioner Kirkmeyer,
and it carried unanimously.
6) FINAL READING OF CODE ORDINANCE #2020-19, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE (ANNUAL FEES): Commissioner Kirkmeyer moved to read Code Ordinance #2020-19
by title only. The motion was seconded by Commissioner James, and it carried unanimously. Bruce
Barker, County Attorney, read said title for the record and indicated there have been no changes since
Second Reading. No public testimony was offered concerning this matter. Commissioner Kirkmeyer
moved to approve Code Ordinance #2020-19 on Final Reading. Commissioner Ross seconded the
motion, and it carried unanimously.
tal PLANNING:
1) CONSIDER RESCINDING RESOLUTION #2019-4359, DATED DECEMBER 11, 2019, FOR USE BY
SPECIAL REVIEW PERMIT, USR19-0052, FOR A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF FIREWOOD AND PARKING AND STAGING OF UP TO FIVE [5] 3/4 -TON
PICKUP TRUCKS AND TWO [2] TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - THE
GUEST FAMILY TRUST (CONT'D FROM 11/16/2020): Chris Gathman, Department of Planning
Services, stated the applicant is about half way through the corrections to be made, and the plat that was
submitted was erroneously laminated, rather than having a mylar prepared, which will be recorded once
corrected. Commissioner Kirkmeyer moved to dismiss the request to rescind Resolution #2019-4359 for
Use by Special Review Permit, USR19-0052, issued to The Guest Family Trust. Commissioner Ross
seconded the motion, and it carried unanimously.
2) CONSIDER EXTENSION OF AUTHORIZATION TO USE RECREATIONAL VEHICLES FOR
TEMPORARY QUARANTINE QUARTERS AS NECESSARY FOR PHYSICAL DISTANCING IN
RESPONSE TO COVID-19 PANDEMIC HEALTH EMERGENCY: Tom Parko, Director of Planning
Services, stated this Resolution extends the use of RVs for temporary quarantine purposes during the
ongoing COVID-19 Pandemic Health Emergency, and the provision will now run concurrently with the
effective status of the Declaration of Emergency Disaster. Commissioner Ross moved to approve said
extension to authorize use of RVs for temporary quarantine quarters during the pendency of the
COVID-19 Pandemic Health Emergency. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2020-19 was approved on Final Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, Monday, December 21, 2020
Page 3
2020-3794
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There being no further business, this meeting was adjourned at 9:21 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,,,gattiwt) ilc apig,k,
Weld County Clerk to the Board
BY:
Al
eputy Clerk to the Board
Mike Freeman, Chair
Stev= oreno ' o -Tern
Kevin D. Ross
Minutes, Monday, December 21, 2020
Page 4
2020-3794
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November 24, 2020
Weld County Commissioners,
Please review the plat concerning the illegal removal of our 30 ft. Right of way and utility easement, for
the benefit of Lot A and Lot B.
We are requesting in writing how this was legally done. There was no notification to us, or our approval!
It is the responsibility of Weld County:
1. To rectify this, by re-recording the original plat reflecting the benefit of the original easement.
2. To notify the landowner that we have full rights and access to our easement.
3. To notify the landowner that they must remove, any, and all, improvements on said easement.
4. Copies will be sent to us upon re-recording of the plat and all notifications stated above.
John M. Bell
P.O. Box 725
25361 Weld County Road 53
Kersey CO 80644
970-302-4477
Bellmarisa75@gmail.com
to
996 10:31AM FROM WELD COUNTY TITLE 970 356 3248
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A 08 •
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R l T IIF-UAY EASEMENT A61AEflT
For good and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, -the
undersigned, 0, A, Vrooean and Nancy Davis V,00aan, being the owners of record of Amended Lot 8 of
Rc'cnnded Exemption No. 09b3-29e4eRE559, located in the lNE1/4 of the SE1/4 of Section 29, Township 5
No?th, Range 64 4est of the 6th PIN, as per nap recorded April 18, 1984 in Book 1027, Reception No,
1963512, Weld County, Colorado records, ('Amended Lot 8°) do hereby grant and dedicate a perpetual
right-of-vay easement over the north 10 feet of Amended Lot 8 to lelvin Drug and €Ila tae Drug, .owners
of record of Lot A and Lot B of Recorded Exeption No. 0963.29e4_RE1602, located in the N112 of the
SE1/4 of Section .29, Township 5 North, Renee 64 vest of the 6th P,R,, as per map recorded July 21,
1994, in Book 1451 as Reception No, 2398693, Veld County, Colorado records, ('Lot A' and °Lot B') for
the purpese•of ingress, egress, and utility installations for the benefit of Lot A and Lot 8.
The undersigned do hereby agree to keep the north 40 feet of Amended Lot 8 clear of all bushes, trees,
shrubbery mid other plants, fences, gates, buildings, nachineryr automobiles, trash, rubbish, debri,
and other objects, materials and substance5, and to alloy the construction, use, maintenance, and
repair of ?oadvays and utility lines that benefit sz d Lot A and Lot B.
in addition to the above described 40 f out r ightocf may easement, the undergo do hereby grant s d
Skate a perpetual right—ol-way easement across the south 30 feet of Amended Lot B to kelvin area
Fee Drug for ingress and egress for the purpose of installing, caatntaining and repairing utility lip
that benefit the above described Lot A and Lot 8,
mhc undersigned agree to keep the south 30 feet of Amended Lot 8 clear of all, bushes, trees.
shrubbery and other plants, buildings, Machinery, automobiles, trash, rubbish, debri, and other
obJects, oateriais and substances, and, when installing fencing Wtoeen Amended Lot S and Lot 8, to
Install no less than a 14 toot .vide gate °truing betueen this ? ig t-♦ofeway easement and Lot 8,
Roth of theabove described righteofevay nasetents/agreements shit be binding upon ill heirs,
assigns, and successors of the parties wed herein and shall run vith the laud for the benefit of tM
twi Lot 8, L
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F 2053 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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RECORDED EXEMPTION NO. 0963 - 29-4 -RE 1602
LOCATED IN THE SE I/4 OF SECTION 29, T. 5 N., R.64 W. OF THE 6TH
P.M., WELD CO., COLO.
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three (3) years after you first discover
such defect. In no event, may any action based upon any defect in this survey
be commenced more than ten years from the date of the certification shown
hereon.
NOTE: At the request of our client, recorded easements and lights--of-way have
not been researched by us or shown on this plat. The easements and rights -of -
way which may be shown hereon may not be complete, are based an genera;
information, and are to be used only in this context.
/4— N.88°54140 "E.
{ t I I
0 300
SCALE: I"= 300`
II -PIN FOUND, AS DESCRIBED
-PIN SET, NO.4 BAR W/YEL
PLASTIC CAP-FREESE ENGR.
LS 4392, OR AS DESCRIBED
19
WCR 54
I320.60'meas. I3 I9.00'rec N.89°13'07"E. !320.69` rec.
S.88'57`06" W.
8
30` UT I
ESM'T
N.89°13'071 E.
r)
to
w
U
1320.95'meas.
1321.131
8
O
CD
CD
__ -663-- -
s Et Utility Easement
AMENDED
N LOT `B
to RE659
to
1979. 31` meos (1977.33'rec.) JC .
7. P. •
O.B.
2642. I7 ' rec. 2643.13` meas.
OWNER: MELVIN 8t OLA FAYE BRUG
25355 WCR 53
KERSEY, CO 80644
VICINITY MAP
21
f
28
WCR 52
33
30` Utility Esmt.
663.82
SE COR SEC 29
T5 N,R64W.
3 1/4 ALUM. CAP
LS 10855
POINT OF
BEGINNING
E 114 COR.
S 29-5 -64
3 I/4" ALUM.CAP
LS 10855
se fe
L 5413 ,Z.
to
1
O
Cl)
I
( BO313 of Bearings)
esti "-
G.S 43 9 Z
LOT 'A' 21. 121 f Ac. (Only Lot`A' surveyed)
LOT `B 28.867 *Ac.
TOTAL 49.9D8 *Acres
Chairman
Attest:
Weld C
ly
_ :' .- - ,)eputy
•
my Clerk to the
Clerk
t:s
ib: ;
Tios Northwest {filar to of file .c; ithoast
Northeast quarter of the Southeast Quarter
North, Range 64 West of the 6th P.M.,
ticulari v described as follow=:
8
WJSE;) and fart of tFay
of :section 29, TownsIlip
Colorado being more
Beginning at the East Qi.aartker • orner ( tai Carl of said Bettina 29
ing the East line of the Southeast Quarter 1SEk) of said Section. 29
00°04'44" East and with all other bearings cortai-ned herein relative:
and c:unsic1 er-
to hear .:uuutn
thereto:
Thence South 00°04'44" East, 1314.61 feat;
Thence South 88°7'06" West, 663.82 feet to the True Point of Beginning
(T. P.0.9.);
Thence South 88°57'06" Went, 1979.31 feet to the North -South centerline of
Section
Thence
1319.91
Thence
Thence
Thence
Thence
(T.P.O.B.);
Said described parcel contains 49.998 acres more or less(49.95 acres record).
29 (1977.33 feet record) ;
North 00°00'49" West along the North -
feet (North 001'02'26" West, 1319.92 ieet
North 88°54'40" East, 1320.60 feet (1319
South 00°03'48" East, 660.00 feet;
North 89°13'07" East. 657.35 feet;
South 00004'44" East, 657.75 feet to
-South centerline
record);
.00 feet record);
of Section 29,
the True Point of fieginning
PROPERTY OWNER'S CERTIFICATE
We, Melvin and Ola Faye Brug, being the sole owners in fee of the above de-
scribed property do hereby subdivide the seine as shown on the attached map.
I understand this property is located in the A -Agriculture zone district and is
also intended to provide areas for the conduct of other uses by right, accessory
uses, and uses by special review. I do hereby dedicate, for the benefit of the
property 4hown or described hereon, easements for the purposes shown or
described hereon.
(Oda) L%
Melvin Brug Ola Faye Brug
fi^
The foregoing certification was acknowledged before me tht# :.4S day of.. athl
, 1994, by Melvin and Ola Faye Brug. Witr fl t v : nd and seal.
My Commission expires: 5/770 u y5
SURVEYOR'S CERTIFICATE
I, Jasper Freese, a Registered Professional Land Surveyor in the State of Colo-
rado do hereby certify that this Recorded Exemption plat was prepared under my
personal supervision and that this plat is an accurate representation thereof. I
further certify that the survey and this plat complieM with all applic. rules,
regulations, and laws of the State of Colorado. State Board of *Ois€` _ for
x
Professional Engineers and Professional Land Surveyors. and HAeld..cony
d Land Surveyor. Colo. Reg. #4392 Date
This plat is accepted and approved far filing.
Boar;I
5/9-70v
Datc
.1 he foregoing certification was acknowledged before
, 19 Witness my hand and official seal.
My commission expires:
me this day of
Notary Public
U
RECORDED EXEMPTION NO. 0963 -29 -4 -RE 1602
LOCATED IN THE SE 1/4 OF SEC. 29,T. 5 N. , R.64 W.
OF THE 6TH P.M. , WELD CO., COLO.
PROJECT: 1994- 29 DATE: JUN 1994
FREESE ENGINEERING
1523 6TH AVENUE
GREELEY, CO 80631
SCALE: I"t 2000'
11111101111111110011111111111111111111110011111 IIII IIII
0
A 3189108 ➢11,00 0 Weld Moreno
County. CO
1 at 1 R 11.00 0 D.00 Steve Morena Clerk & Recorder
Ne-S CENTER UNE
EY LS 10855
SCALE: 1' a 200'
0 _ 3 400'
• NO LY & CAP 4392
nO-. P FRF S -E E ES
AS DESCRIBED
• f l f/4 8 l N I.CW CAP
Et f,INEE004 LS4392
BASIS OF BEARINGS
000INNRJG at the East
Quarter Corner (0 1/4 Car.)
Of Section 29, township 5
North. Range 64 West s
'nonumnnted by o found#6
rebor with Aluminum cup
stamped us her BIJA
isirc;l.oand BEOLIER IS
I0455,and the Southeast
Corner (,SE Cor.) of sold
Section 29 as anted
by a found 46 reticr b
biuminum cop stomped as per
BLM instructions and BERLIER
I.S 10855 to bear South 00'
04'04' Eost. with nit Other
bearingss Contoineci herein
relative there to_
SC He CORNER
FOUND 3)C0 AL CAI'-`
BERLIER LS 10855
OWNER
MATTHEW & JULIE U'fE"MURA
2`355 WCR 53
1KERSEY, COLORADO 8004"4
28
TSN
WCR 52
Rs4w
VICINITY MAP
AMENDED RECORDED EXEMPTION No. 0963-29-4-ArnRE-1602
PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 64 WEST
OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO
N 88'54'40' E I`5206C yM) ..._319 (R)
LOT "A` RE -1602
N 89'1248" E 1321,10'
FOUND ALL MONUMENTS FOR LOT
"6" NOT RESURVEYED
N 0'3'48" W 40.12'
•
LOT "B" RE -1602
24.055 ± AC
977,5
AMEi0000 RECORDED EXEMPTION FILED 10
REMOVE 30' u,NILI1O EASEMENT ACROSS
1977.35 (R)
N 89137 E '320.95' (MI. _320.69 (R)
FOUND }(4 REBAR
W/YELLOW CAP
LS 7242
N 8953'7" E
FOUND #4 RERAN
W/YELLOW CAP
LS 7242
5 88'57'6" W 2803.13 (M) 204217'(6)
NOJIDEt According to Colored law you must cornmence any regal =tier; hosed upon any
defect in o u ney within three (3) years otter you er su
first disyovch defect. In no
may any an based upon any defect in this survey he commenced more than ten
your..; Worn the dale
of the certification shown hereon.
NOfr0, 41 the request of our client, recorded easements and rights —of --way have not
been by us or on this plot, Thesem eats a rights —Of —way which
may be sshown hereon not be c mpiete, ore based or, general information, and are to
be used d 'a hit context.
■
1321.03'
FOUND ,y4 REBAR—\
663.78
, 40' INGRESS —EGRESS &
L UTILITY EASEMENT
ACROSS LOT "B" OF
AmRE-1.602
LOT "B" ArnRE--659
865.64
CORNER
S25, T5N, R6 4W
• /FOUND 3Y," o AL CAP
L .0855
SECORNE:R
529, TSN, R64W
FOUND 3Y,e0 AL CAP
j/ LS 10855
0
LEGAL DESCRIPTION
Lot "B" of RE 1602, being port of the North Half of the Southeast Quarter of Section 29, Township 5 North,
Range 64 West of the 6th Principal Meridian, Weld County, Colorado
Said described parcel contains 28.855 Aces more or less, and Is subject to ony rights —of —way or other
easements as granted or reserved by instruments of record or as now existing on said described parcel of loud.
SURVEYORS CERTIFICATE
I, Jasper Freese a Registered Professional Land Surveyor in the Stale of Colorado do hereby certify that this
Recorded Exemption Plot was prepared under my personal supervision and that this plat is on accurate
representation thereof. I further certify that the survey and this plat complies with all opplicoblerules,
regulations,
and Land
or State of Colorado. State Board of Registration for Professional Engineers and
Professional
°spar
Registe
' s I!eA
d SOC yor/ Co 4;,Reg'. No. 4392
PROPERT ERS';GER5EICATE
We, Matthew 4..Julie I.Iyemuro orfolubeing the sole owners in fee of the above described property do hereby
subdivide the sdihe as shown dn'the attached map. We understand this property is located in the A —Agriculture
zone district and is o150' intended to provide v'areas for the conduct of other . uses by right, accessory uses, and
uses by special r We do hereby dedicatefor the benefit of the property shown or described hereon
easements for the purposes shown or described hereon.
Matthew Uyomura Julie Uyemura .,
The foregoing certification ems acknowledged before me thisday of /%FJri_2004 by Matthew & Julie
Uyemura,
Witness my hand and seal.
My commission expires:
ACCEPTANCE
This plot is oeceeted and approved for filing.
Director Oe arimenf f Planning Services
p
The foregoing certification was acknowledged before me this Ldoy o U flJLo. 2004,
Witness my hand and seal. Jp /t�� 9r,^L /�� /�f�_ //��/f�,/,f��� /�
My Commission expires: j c/ v.iry] (,r.0 I \ {YII I A ALL'
Notary Public V
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
O
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 ght—of—way line.
'No building or structure as defined and limited to those occupancies listed 00 Groups A B, E. H, I, M and R In
Table 3—A at the 1997 Uniform Building Code, shall be constructed within a 200— foot radius of any tank battery
or within a 150 —foot rodius of any wellhead, Any construction within a 200 —foot radius of any tank battery or
150 —foot radius of any wellheod shall require a voriance from the terms of Section 23-3-10 of the Weld County
Code.
2. Any future structures or uses on site must obtain the appropriate zoning and building permits.
3, 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 application. The legal description on such deed
shall include the Lot designotion and recorded exemption. number.
4. Prior to the teleose of building permits for any structure exceeding 3,600 square feet. the oppllcont must
comply with the requirements of Appendix III —A of the Uniform Fire Code,
5. Should noxious weeds exist on the property or become established as a result Of the proposed development,
the opplicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I
and II of the Weld County Code.
6, Effective January 1. 2003, Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11).
7. Potential Purchasers ore hereby notified that a confined animal feeding operation (SUP 139 for 100,000
turkeys) is Iocoted west of the intersection of Weld County Road 51 and 1/2 mile south of County Road 54.
Off —site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal
pens and odors from animal confinement, silage, andmanure.
6. WELD COUNTY'S RIGHT TO FARM
Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market
value of agricultural products sold. The rural oreas of Weld County may be open and spocious, but they are
intensively used for agriculture. Persons moving Into a rural ore,' must recognizerecogniee and accept there r
drawback, including conflicts with long—standing agricultural practices and lower level of services than in town.
Along with the drawbacks some the incentives which attract urban dwellers to relocate to rural area: open views.
spociousness, wildlife, lock of city noise and congestionand 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 bond should not be expected to change their long—established agricultural practices to
accommodate the intrusions of urban users into the rural area. Well run agricultural activities will generate
off site impacts, including noise from tractors and equipment; slow —moving farm vehicles on rol roods; dust
from animal pens, field wonll, harvest and gravel roads; odor from animal confinement, silage, and manure; smoke
from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields. including theuse of
vial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development
without threatening the efficient deliveryof irrigation to fields which Is esential to farm production.
n Section 35-3.5-102, C.R.5., provides that a agricultural operation shall not be found to be a public or private
nuisonce if the agricultural operation allegedto be o nuisance employs methods or practices that are commonly
or reasonably associoted with agricultural production.
Weld County covers a loud area of over 4,000 square miles in size (Twice the State of Delaware) with more than
3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the a t be served
a stretches available re Law enforcement is based on responses to complaints more than on
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 grovel roads, no molter 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
arterial may not be cleared for several days after a major snowstorm. Snow vol for roads within subdivisions.
eof the lowest priority for public works or maybe the private responsibility of the homeoWners. Services in
rural areas, in many ca will not be equivalent to municipal services. Rurol dwellers must, by necessity, be
more sell—oofficent than urban dwellers.
Children are exposed to different hazards in the county than in on urban or suburban setting. Farm equipment
and oiifield equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high
speed traffic, song burs, puncture vines, territorial form dogs, and livestock present real threats to children.
Controlling children's activities is Important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
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