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Home My WebLink About20203612 RESOLUTION RE: APPROVE TWO-LOT RECORDED EXEMPTION, RECX17-0110 -WILLIAM AND ADRIANN WYCOFF 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 July 31, 2017, the Department of Planning Services administratively approved the application of William and Adriann Wycoff, 333 County Road 17, Brighton, Colorado 80603, for a Two-Lot Recorded Exemption, RECX17-0110, to divide the property into parcels estimated to be approximately 62 acres and 5.0 acres, for property which is located on the following described real estate, to-wit: Lot B of Recorded Exemption, RE-2813; being a part of the W1/2 SW1/4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services staff notified the applicant, by certified letters dated September 22, 2020, and November 10, 2020, that certain outstanding Conditions of Approval had not been completed and that the matter would be scheduled for a hearing before the Board of Weld County Commissioners unless written documentation was received requesting a withdrawal of the case, or the outstanding items were completed and the mylar plat recorded, and WHEREAS, on December 9, 2020, the applicant was present via teleconference to speak with the Board, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that the application for Two-Lot Recorded Exemption, RECX17-0110, on property owned by William and Adriann Wycoff, be, and hereby is, approved, subject to completion of the Conditions of Approval included in the administrative approval by the Department of Planning Services issued on July 31, 2017, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Conditions of Approval are to be completed on or before December 8, 2021, or the applicant shall contact the County to request an additional extension, if justified. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for Two-Lot Recorded Exemption, RECX17-0110, on property owned by William and Adriann Wycoff, be, and hereby is, approved, subject to completion of the Conditions of Approval included in the administrative approval by the Department of Planning Services issued on July 31, 2017, a copy of which is attached hereto and incorporated herein by reference. Ce,:PL C M#-/TP),,wpL. 11-11202-1 2020-3612 RECX17-0110 TWO-LOT RECORDED EXEMPTION, RECX17-0110 -WILLIAM AND ADRIANN WYCOFF PAGE 2 BE IT RESOLVED by the Board that William and Adriann Wycoff shall complete the Conditions of Approval for RECX17-0110 on or before December 8, 2021, or contact the County to request an additional extension, if justified. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dethA) i. .aC�,(lD•�.c �1 1 `�-r`t - - _ Mike Freeman, Chair Weld County Clerk to the Board • Steve Moreno, Pr Tem BY: eputy Clerk to the Board s o . K. James AP • 'i: •' �� J �` ara - it County Attorney Kevin D. Ross Date of signature: • O• '�� 2020-3612 RECX17-0110 DEPARTMENT OF PLANNING SERVICES 1r � VI 31 C pUi 7Y; MEMORANDUM To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: RECX17-0110- unmet conditions of approval and plat not recorded Hearing Date: December 9, 2020 Owners: William R. &Adriann C. Wycoff Legal Description: Lot B of Recorded Exemption RE-2813; being a part of the W2SW4 of Section 33, T1 N, R67W of the 6th P.M., Weld County, CO Location: North and adjacent to County Road 2; east and adjacent to County Road 17 Parcel Number: 1469-33-0-00-019 Zone District: A(Agricultural) Narrative: Two-Lot Recorded Exemption RECX17-0110, was conditionally approved on July 31, 2017. To date, the applicants have not completed Condition of Approval items#2.A regarding the shared well agreement, #2.B regarding CO Division of Water Resources well permitting requirements, #2.C regarding the RE-8 School District referral and #3 & #5 regarding the draft plat submittal, as detailed in the RECX17-0110 staff report. Therefore, this application is being forwarded to the Board of County Commissioners to consider rescission. For reference, Section 24-8-60 of the Weld County Code and RECX17-0110 staff report item#8 both state: "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." Limited action has been taken by the property owners to complete the application including the submittal of the initial draft land survey plat in June of 2018. However, after Planning redline review, no additional submittal has been received.The applicant submitted an Extension Request Letter, dated October 22,2020 regarding the delay of completion. According to the applicant, there have been delays in completing the conditions due to issues with obtaining a shared well agreement. Additionally, the Thornton Water Pipeline project and County Road 17 realignment proposal also impact this property. Planning staff sent a letter via mail, dated September 22,2020, and invited the property owners to complete the conditions of approval and submit the draft plat for review within thirty days, by October 22, 2020. Planning staff was contacted by William Wycoff on October 9, 2020, October 15, 2020, October 22, 2020 and November 30, 2020 and he expressed intent to complete the case. However, as of December 2, 2020, no documented action has been taken. After the October 22, 2020 deadline passed without completing the case, Planning staff sent a Certified letter via mail, dated November 10, 2020 notifying the applicants that a hearing before the Board of County Commissioners had been scheduled.The Board shall consider rescinding the application or granting an extension of time in which to complete the conditions and record the plat. The property owners were encouraged to attend this hearing and to submit a withdrawal request, if interested. Exhibits: A: Extension Request Letter B: Rescind Notice C: Rescind Letter D: Certified Mail Receipt E: Staff Report RECX17-0110 Rescission 2020-3612 Page 1 of 1 Oq RECX (7-011O William and Adriann Wycoff 333 County Road 17 . EXHIBIT Brighton CO 80603 • • Email: wwycoffbn7C) aole cans. . Y Phone : 3 03 . 659 . 7259 : r October 22, 2O2O f: Case Number RECX17-o11 To : Weld County Board of County Commissioners and Michael Hall Subject: Recorded Exemption Conditions of Approval and Map Not Completed Dear Commissioners and Mr. Hall • We have been consistently working to finalize the Conditions of Approval for this Recorded Exemption . The difficulty has been in satisfying a requirement focused on the shared well . In that: Prior to recording the plat : • The application materials indicate that the two houses are proposed to share a common well . Therefore, the applicant shall submit a document providing for shared well operation - and maintenance by both parcels of land. The declaration shall be recorded, and the • recordation number indicated on the plat. A joint easement agreement shall be indicated • • on the plat. This should have been a fairly straightforward requirement as an original well sharing agreement consistent with the well permit allowing three houses had been recorded with the • County Clerk in. 2OO2 . However, the original property owner had a fraudulent replacement well permit established that specified that the well was for one house only. He then sold the property and left the state . Once that was discovered, lengthy legal actions were required through three . subsequent owners to get the original well permit reinstated. The property containing •the well was purchased by a new party in September 2O2O . • Consistent with a letter from a Colorado Water Resource Engineer, we have completed survey work and need to have the new owners sign a revisited well sharing agreement. These documents are in the hands of our attorney and will be going to the new property owners for signatures. • We want to continue the application and expect to complete a renewed joint joint use with a new, • detailed easement agreement. With that recorded, we should be able .to finalize the- Recorded Exemption Conditions of Approval. If there are any questions, please contact us by email, phone or. letter. Best Regards, (As ,ido& • • William Wyco Adriann Wycoff :-� DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue , Greeley, CO 80631 1 V1 Email : mhall@co . weld . co . us --_GOUTY EXHIBIT Phone : (970) 400-3528 Fax : (970) 304-6498 September 22 , 2020 William & Adriann Wycoff 333 County Road 17 Brighton , CO 80603 Case Number: RECX17-0110 Parcel Number: 1469- 33-0-00-019 Subject: Recorded Exemption Conditions of Approval and map not completed Dear William R . & Adriann C . Wycoff, On July 31 , 2017 , your application for a Recorded Exemption case no . RECX17-0110 was approved by the Weld County Department of Planning Services with specific Conditions of Approval as detailed in the administrative review staff report. As of September 22 , 2020 , the Recorded Exemption Conditions of Approval have not been completed and the plat map has not been recorded . Section 24-8-60 of the Weld County Code and staff report item #8 both state : " 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. " Should you choose not to complete the Recorded Exemption process and submit the required plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application . Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases and is willing to work with you in completing your request. Please notify the Department of Planning Services , in writing , within ten ( 10) days from the date of this letter of your decision to withdraw the application or complete the application within the next thirty (30) days from the date of this letter . If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services , Attn : Michael Hall , 1555 N . 17th Avenue , Greeley , CO 80631 . If would like to continue the application but you are unable to meet the Conditions of Approval and record the plat within thirty (30) days of the date of this letter or if no response is received , your case will be scheduled for a hearing before the Weld County Board of County Commissioners to consider rescinding the application . Please be advised that Weld County is currently in the process of repealing and reenacting the land division code (Chapter 24 of the Weld County Code) via Ordinance 2020- 16 , in order to better accomplish the goals of the new 2020 Comprehensive Plan . As part of this code change , new processes are being created , some existing land division types are being updated and other existing land division types are being eliminated such as the recorded exemption and subdivision exemption . If you have further question , please contact me at the above address or call (970) 400- 3528 . Regards , Michael Hall , Planner II File : RECX17-0110 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us c o u N T Y Phone: (970)400-3528 Fax: (970) 304-6498 September 22, 2020 Department of Planning Services Attn: Michael Hall 1555 N. 17th Avenue Greeley, Colorado 80631 Subject: RECX17-0110 Withdrawal Parcel Number: 1469-33-0-00-019 Dear Michael Hall, We, Property Owners, as joint applicants wish to withdraw Recorded Exemption case no. RECX17-0110. William R. Wycoff Date Adriann C. Wycoff Date _ - DEPARTMENT OF PLANNING SERVICES EXHIBIT 1555 N . 17th Avenue , Greeley , CO 80631 Email : mhall@co .weld . co . us _- YJD Phone : (970) 400-3528 November 10 , 2020 William & Adriann Wycoff Certified Mail Receipt No . 7019 1120 0002 3004 1047 333 County Road 17 Brighton , CO 80603 Case Number: RECX17-0110 Parcel Numbers : 1469- 33-0- 00- 019 Subject: Recorded Exemption Conditions of Approval and map not completed Dear William R . & Adriann C . Wycoff, On September 22 , 2020 , the Department of Planning Services , sent a letter via United States Postal Service mail , requesting completion or withdrawal of the pending Recorded Exemption case no . RECX17-0110 by October 22 , 2020 . To date , the applicants have not completed Condition of Approval items #2 .A regarding the shared well agreement, #2 . B regarding CO Division of Water Resources well permitting requirements , #2 . C regarding the RE-8 School District referral and #3 & #5 regarding the draft plat submittal , as detailed in the RECX17-0110 staff report dated July 31 , 2017 . Planning staff was contacted by William Wycoff on October 9 , 2020 and October 15 , 2020 , who expressed intent to complete the case . Planning staff received an extension request letter from William Wycoff, dated October 22 , 2020 . However, as of November 9 , 2020 , the case has not been completed . As a result , the Recorded Exemption is scheduled for a hearing before the Weld County Board of County Commissioners to consider rescinding the application . The hearing will be on Wednesday , December 9 , 2020 at 9 am , located at the Weld County Administration Building , 1150 O Street, Greeley , CO , 80631 . Should you wish to submit a letter explaining the circumstances of delay of your application , please email the letter to mhall@weldgov . com or mail to Weld County Department of Planning Services , Attn : Michael Hall , 1555 N . 17th Avenue , Greeley , CO 80631 . The letter will be provided to the Board of County Commissioners at the hearing . You are requested to attend and speak at the hearing to address the delay in completing the conditions . You are also invited to withdraw the application in writing prior to the hearing using the attached form . The withdrawal form may be sent by email or mail to the addresses above . For reference , Section 24-8-60 of the Weld County Code and RECX17-0110 staff report item #8 both state : " 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. " Please contact me if you have any questions . Regards , A bit/AS, Michael Hall , Planner II File : RECX17-0110 i { I- U . S mgliP o s t a 1 Service1M 7Pi._), ' i mAit RECEIPT. CERTIFIED I ra . nom Domestic Maid , . .__ _ __ ___._ __ _ - _ __ .--.-.. - • __..-_-avr... ...._ _ _ __ ._ CAflI me .. IB- IT r slivenj information , ii-el .. , ,__a-, , .. .„ , ,tak4 e,..,. . 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Mail Restricted Delivery Restricted Delivery PS Form 3811 , July 2015 PSN 7530a02-000-9053 Domestic Return Receipt tt asza ‘ ( 1\ 18611 DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue S IP !FE Greeley, Colorado 80631 ra Website . www.weldgov. com 'fit Email : mhall@weldgov. com\guislimsPhone : (970) 400-3528 Fax: (970) 304-6498 ‘Ii _, C011\ 1° Y , . EXHIBIT ti. July 31 , 2017 William & Adriann Wycoff 333 County Road 17 Brighton , CO 80603 S ubject: 2-Lot Recorded Exemption RECX17 -0110 Parcel ID #: 1469-33- 0-00-019 Dear William R . & Adriann C . Wycoff, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code . We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case . Please address all issues identified in the staff comments . Prior to submitting the Mylar, please submit an electronic draft ( PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please 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 Department of P lanning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code . The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution . There is a $ 13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $ 10 each . 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 recording continuance charge shall be added for each additional 3 month period . P lease contact me with any questions . Regards , IZA, Michael Hall Planner I 1861 , DEPARTMENT OF PLANNING SERVICES i RECORDED EXEMPTION 1 _ _r ADMINISTRATIVE REVIEW COUNTY' - Applicant: William R. &Adriann C. Wycoff RECX17-0110 Planner: Michael Hall Legal Description: Lot B of Recorded Exemption RE-2813; being a part of the W2SW4 of Section 33, T1 N, R67W of the 6th P.M., Weld County, CO Parcel ID#: 1469-33-0-00-019 Lot A Size: +/- 5 acres Lot B Size: +/-67.5 acres Water Source: Lot A: Shared Well#228644 Sewer System: Lot A: Proposed Septic Lot B: Proposed Well Lot B: Proposed 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. Prior to recording the plat: A. The applicant shall submit a separate recorded joint ownership, access and operation maintenance agreement easement for the shared well, permit # 228644. Well, permit # 228644 is located on Lot B of RE-4681 and shall be granted for shared use by the owners of Lot B of RE-4681 for proposed Lot A of RECX17-0110 and Lots A and B of RE-4681. B. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Water Resources as stated in the referral response dated 06/13/2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. RECX17-0110 Page 1 of 5 C. The applicant shall address the requirements of Weld County School District RE-8, as stated in the referral response dated 06/26/2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. 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. E. 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. F. 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. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1469-33-03 RECX17-0110 B. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP17-00344). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. The Lot A access point from County Road 2 shall be labeled, "AP17-00344 - The new temporary access point to Lot A from County Road 2 shall be closed and relocated to County Road 17 when the County Road 17 realignment is constructed". C. County Road 17 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 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. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. D. County Road 2 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and 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. The applicant shall also delineate the physical location of the roadway. This road is maintained by Adams County. E. 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. F. All recorded easements and rights-of-way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. RECX17-0110 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) 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. 8) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 9) 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. 10) 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. 11) 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. 12) The property owner shall control noxious weeds on the site. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14) 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 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. RECX17-0110 Page 3 of 5 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 16) 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. 17) This property falls within the limits of the Weld/Adams County Line Crossroads Alignment Study. Several alternatives have been developed for the County Road 17/ Quebec Street and County Road 2/East 168th Avenue Intersection, which affects the subject recorded exemption lots. This study can be found at: www.weldgov.com/departments/public_works/transportation_planning/ 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. RECX17-0110 Page 4 of 5 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. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit 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. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 7. The Department of Planning Services 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 FIPS 0501 (US Feet)....etc.). This digital file may be sent to mabse.co.weld.co.us. 8. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. L By: Date: 07/31/2017 Michael Hall, Planner I RECX17-0110 Page 5 of 5 CASE NUMBER: R E CX 17,-01 .0 APPLICANTS: WILLIAM & ADRIANN WYCOFF PLANNER: MICHAEL HALL SUBJECT: CONDITIONS OF APPROVAL NOT MET; PLAT NOT RECORDED LOCATION : NORTH AND ADJACENT TO COUNTY ROAD 2; EAST AND ADJACENT TO COUNTY ROAD 17 ti. • 1. not.,1• * it ,_ a V 4 �N r •tilt ..4 • ' y . - • - - . ... _ . . ,4 ...., .., qF � [ 4 ri,M $ • r .• t : _ : - .. 1 .. 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