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Home My WebLink About20203613 RESOLUTION RE: ACTION OF THE BOARD CONCERNING TWO-LOT RECORDED EXEMPTION, RECX18-0090 -TODD AND LISA ARNOLD 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 August 13, 2018, the Department of Planning Services administratively approved the application of Todd and Lisa Arnold, 47576 County Road 15, Wellington, Colorado 80549, for a Two-Lot Recorded Exemption, RECX18-0090, to divide the property into parcels estimated to be approximately 30 acres and 4.0 acres, for property which is located on the following described real estate, to-wit: Lot A of Recorded Exemption, RE-3194; being a part of the NW1/4 of Section 5, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services staff notified the applicants, 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 applicants were not present, and staff indicated they had received no correspondence or response demonstrating intent to complete said conditions, 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 Conditions of Approval for Two-Lot Recorded Exemption, RECX18-0090, on property owned by Todd and Lisa Arnold, have not been satisfied, nor have the applicants demonstrated an intent to complete said conditions and, therefore, deems it advisable to deny said application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Todd and Lisa Arnold have not demonstrated an intent to satisfy the Conditions of Approval for Two-Lot Recorded Exemption, RECX18-0090, therefore, the application be, and hereby is, denied. C:PLCrvIH/Tr), Ii-pPL '/7/2x1 2020-3613 RECX18-0090 DENY TWO-LOT RECORDED EXEMPTION, RECX18-0090 -TODD AND LISA ARNOLD PAGE 2 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 dithis) ��,,��,,// WELD `C(O�UNTY, COLORADO ATTEST: .J�C,LtD•11 ��r „at' 3 Mike Freeman, Chair Weld County Clerk to the Board • - Stev Moreno, - o-Tem BY: Deputy Clerk to the Board � c•' K. James APP:: • EDA a OR 1361 �.t .,�, arbara Kirk yer ounty torney j 9i I Kevin D. Ross Date of signature: • o 2020-3613 RECX18-0090 86, DEPARTMENT OF PLANNING SERVICES y ou MEMORANDUM u To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: RECX18-0090 - unmet conditions of approval and plat not recorded Hearing Date: December 9, 2020 Owners: Todd M. and Lisa Arnold Legal Description: Lot A of Recorded Exemption RE-3184; being a part of the NW4 of Section 5, T8N, R67W of the 6th P.M., Weld County, CO Location: East and adjacent to County Road 15; approximately 0.47 miles north of County Road 96 Parcel Number: 0555-05-2-00-001 Zone District: A(Agricultural) Narrative: Two-Lot Recorded Exemption RECX18-0090, was conditionally approved on August 13, 2018.To date,the applicants have not completed Condition of Approval items#5.A regarding a private access agreement easement,#5.B regarding CO Division of Water Resources well permitting requirements, #5.C regarding the RE-9 School District referral, #5.D regarding a non-commercial junkyard zoning violation and #6 and #8 regarding the draft plat submittal, as detailed in the RECX18-0090 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 RECX18-0090 staff report item#10 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 applicants to complete the application as documented in email correspondence from March of 2020 in which the applicant inquired about next steps to complete the conditions and draft plat. No other action has been taken. 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. Staff was not contacted by the applicants during this time. 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: Rescind Notice B: Rescind Letter C: Certified Mail Receipt D: Staff Report E: Email Correspondence 2020-3613 I, / RECX18-0090 Rescission Page 1 of 1 09 £C-X't8 -©090 DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue , Greeley , CO 80631 GpUN�Y t, Email : mhall@co .weld . co . us ll ; -C-> Phone : (970) 400-3528 Fax: (970) 304-6498 September 22 , 2020 EXHIBIT A Todd M . and Lisa Arnold 47576 County Road 15 Wellington , CO 80549 Case Number: RECX18-0090 Parcel Number: 0555- 05-2-00-001 Subject: Recorded Exemption Conditions of Approval and map not completed Dear Todd M . and Lisa Arnold , On August 13 , 2018 , your application for a Recorded Exemption case no . RECX18-0090 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 # 10 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 , ZA-//ial Michael Hall , Planner II File : RECX18-0090 1861 �' DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 n Email: mhall@co.weld.co.us COUNTY 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: RECX18-0090 Withdrawal Parcel Number: 0555-05-2-00-001 Dear Michael Hall, We, Property Owners, as joint applicants wish to withdraw Recorded Exemption case no. RECX18-0090. Todd Arnold Date Lisa Arnold Date 1861 � DEPARTMENT OF PLANNING SERVICES � � rl • 1555 N . 171" Avenue, Greeley, CO 80631 " 1 EXHIBIT Email : mhall@co .weld . co . us 0 , Phone : (970) 400-3528 November 10 , 2020 Todd M . and Lisa Arnold Certified Mail Receipt No . 7019 1120 0002 3004 1009 47576 County Road 15 Wellington , CO 80549 Case Number: RECX18-0090 Parcel Numbers: 0555- 05-2-00- 001 Subject: Recorded Exemption Conditions of Approval and map not completed Dear Todd M . and Lisa Arnold , 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 . RECX18-0090 by October 22 , 2020 . To date , the applicants have not completed Condition of Approval items #5 .A regarding a private access agreement easement, #5 . B regarding CO Division of Water Resources well permitting requirements , #5 . C regarding the RE- 9 School District referral , #5 . D regarding a non-commercial junkyard zoning violation and #6 and #8 regarding the draft plat submittal , as detailed in the RECX18-0090 staff report dated August 13 , 2018 . As of November 9 , 2020 , the applicant has not contacted Planning staff and 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 RECX18-0090 staff report item # 10 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 . 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' dslNeryadd'ressIt YES. enter below: ■ No ! ; I TOO 17 Jra 1-1 5 4 ft Pa.r Aron, r7 1\13 11 20211 LOS" 6 C 0 vivry xi A O IC i I i Wt ', UNA 7 d N Co 90Sj q v \ielu (Aunty Harming depuiutiw ,. tt i GREELEY OFHCE . , ,.! .: ..iti_ilignimairsissr:� I I , II � I � itisieemiter � 3. service Type _ -- Ip Priority Mai ! Express® I VIII III ■ . Adult. lagnsure, !a Registered MailTM clAidultStarlature Restricted Delivery ❑ R F i 4ared Mail Restricted Y .:.4:1:.(tottified Mail® DAN'S,/ . 9590 9402 539Q 9189 0C159 08 ! D. Certified Mall Restricted Delivery a filigum Reopipt for iiAkIai4b ! ❑ Collect on Delivery Merthairliclise er irmnalgefrom service label) ■ Collect on Delivery Restricted Delivery 1 signature Confirmatlan7Nf ow"` � Mail ❑ Signature Confirmation 7019 1120 M I 1 2 3004 1109 vial, Restricted Delivery Restricted Delivery PS Form 3811 , July 2015 PSN 753Q-02-000-9QS3 Domestic Return Receipt i I %-4% \ 1861 I/ - a DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue Greeley, Colorado 80631 Eb4 Iffr � � Website : www. weldgov. com '�,,, Email : mhall@weldgov. com tswiessolospottaasPhone : (970) 400-3528 Fax: (970) 304-6498 C ‘, T T EXHIBIT ut :. a li s August 13 , 2018 .kkWr se Brian E . Sauer 701 Woodland Way Fort Collins , CO 80526 Subject: 2-Lot Recorded Exemption RECX18-0090 Parcel ID #: 0555- 05-2-00-001 Dear Todd M . and Lisa Arnold , 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 Planning 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 . Please contact me with any questions . Regards , 7// Zi /_, ./4„/Michael Hall Planner I f -)zi861 /./4-4e: c.------,; z..„. - .--. ,-- er\ \ II ! I r sk. rz0 DEPARTMENT OF PLANNING SERVICES '" T RECORDED EXEMPTION li -- li il ADMINISTRATIVE REVIEW CG- Utuispieldi ivr l IT c‘‘L-- -I 1 Applicant: Todd M . and Lisa Arnold RECX18-0090 Planner: Michael Hall Legal Description : Lot A of Recorded Exemption RE-3184 ; being a part of the NW4 of Section 5 , T8N , R67W of the 6th P . M . , Weld County, CO Parcel ID #: 0555-05-2-00- 001 Lot A Size : +/- 4 acres Lot B Size : +/- 30 acres Water Source : Lot A: Proposed Well Sewer System : Lot A: Proposed Septic Lot B : Well # 231158 Lot B : Septic # SP-0200566 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. Narrative : The proposed application seeks to split Lot A of Recorded Exemption RE-3184 , recorded 12/17/2001 , reception #2909671 , via a two- lot recorded exemption . Lot A of RE-3184 is eligible for a one- time-only recorded exemption and both new lots are not eligible for a future exemption per Section 24- 8- 20 . C . 1 of the Weld County Code . 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. 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 . RECX18-0090 Page 1 of 6 3. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. Prior to recording the plat: A. The eastern side of Lot B currently uses a private access road easement as shown on RE- 3184 from County Road 96. The documentation for this shared easement shall be provided along with the physical location of the road to ensure no trespassing. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. B. The applicant shall address the requirements of the Colorado Division of Water Resources as stated in the referral response dated 06/26/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall address the requirements of Weld County School District RE-9, as stated in the referral response dated 06/12/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. There is an active zoning violation (ZCV18-00108) on the property for a non-commercial junkyard. The applicant shall schedule a final inspection with the Weld County Zoning Compliance Officer and submit a copy of the closure letter indicating compliance with Chapter 23 of the Weld County Code. The Noncommercial Junkyard shall be completely screened from all adjacent properties and public rights-of-way or it shall be removed from the property prior to completion of this Recorded Exemption. E. 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. F. 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. G. 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. 6. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0555-05-2 RECX18-0090 B. A 30 foot wide joint access and utility easement extending across Lots A and B from County Road 15, 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. RECX18-0090 Page 2 of 6 C. Show and label the preliminarily approved access point(s) and the usage. D. County Road 96 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. E. County Road 15 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right-of-Way as "CR 15 Section Line Right-of-way, not County maintained" 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. 7. 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. " 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 perm its. 3) Lots A and B are 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) The property owner shall control noxious weeds on the site. 6) 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. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. RECX18-0090 Page 3 of 6 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) 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. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 12) The access will be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. 13) 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. 14) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 15) 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. 16) 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. 17) 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. 18) 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, 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. 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 20) 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. RECX18-0090 Page 4 of 6 21) 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. 22) 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 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 RECX18-0090 Page 5of6 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. 8. 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. 9. 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. 10. 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. // 'W- // By: Date: 8/13/2018 Michael Hall, Planner I RECX18-0090 Page 6 of 6 Michael Hall From: Brian Sauer < bsauer75@gmail .com > Sent: Friday, March 27, 2020 6:03 PM To: Michael Hall EXHIBIT Subject: Re: Recx18 - 0090 Attachments: image001 jpg • .O Follow Up Flag : Follow up Flag Status: Completed This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks, I ' ll take a look. On Fri, Mar 27, 2020, 4 : 43 PM Michael Hall < mhall@weldgov. com> wrote : Hi Brian , Since I sent the staff report out to you in August of 2018, I never heard anything back and the case has been basically been in hibernation . See the attached staff report and email . If you would like to continue the case, please address the conditions of approval and submit the draft RE survey plat map to me to review. Note, there will be an extension fee for the applicant because of the delay, which is detailed in the staff report in item #9 on the last page . Let me know if you have any questions . Thank you, Michael Hall Planner II 1555 N 17th Ave 1 Greeley, CO 80631 (970 ) 400-3528 mhall@co . weld . co . us Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Brian Sauer < bsauer75@gmail . com > Sent : Friday, March 27, 2020 4 : 31 PM To : Michael Hall < mhall@weldgov. com > Subject : Recx18- 0090 Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Michael Just wanted to touch base with you and see what I needed to do to finish up with the exemption other than pay the Ault school district . Feel free to give me a call at your convenience . Thank you Brian Sauer 970-420-7293 2 Forwarded message From : Michael Hall < mhall@weldgov. com > To : " bsauer75@gmail . com " < bsauer75@gmail . com> Cc : " tlarnold13@yahoo . com " <tlarnold13@yahoo . com > Bcc : Date : Mon , 13 Aug 2018 14 : 35 : 53 +0000 Subject : RECX18-0090 Final Staff Report Todd & Lisa Arnold and Brian Sauer, Attached is the staff report regarding the approval of the proposed Recorded Exemption RECX18-0090 . Please address the conditions of approval items #50A through 5 . D in writing and send a copy of the staff report to your surveyor. To access referral documents, go to weldgov. com > departments > planning and zoning > online e- permitting . Then . . . - Click on "Planning" on the top menu bar - Type " RECX18-0090" into the Record Number box - Click on the " Record Info" arrow drop-down menu - Click on "Attachments" Thank you and please contact me if you have any questions . Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 ( 970 ) 400-3528 mhall@co . weld . co . us 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 CASE NUMBER: RECX18-0090 APPLICANT: TODD M . 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