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Home My WebLink About20203614 RESOLUTION RE: APPROVE TWO-LOT RECORDED EXEMPTION, RECX19-0018 - BRIAN AND CAROLINE COHOON 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 April 8, 2019, the Department of Planning Services administratively approved the application of Brian and Caroline Cohoon, 6677 County Road 19, Fort Lupton, Colorado 80621, for a Two-Lot Recorded Exemption, RECX19-0018, to divide the property into parcels estimated to be approximately 6.15 acres and 1.0 acres, for property which is located on the following described real estate, to-wit: Lot A of Recorded Exemption, RE-3336; being a part of the N1/2 of Section 33, Township 2 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 applicants were represented by Martin Towell, 6677 County Road 19, Fort Lupton, Colorado 80621, 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, RECX19-0018, on property owned by Brian and Caroline Cohoon, 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 April 8, 2019, 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 June 9, 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, RECX19-0018, on property owned by Brian and Caroline Cohoon, 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 April 8, 2019, a copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED by the Board said Conditions of Approval are to be completed on or before June 9, 2021, or the applicant shall contact the County to request an additional extension, if justified. CC ' PL(Yh 1-F/TP), aipPL) M'P L REP 2020-3614 /2 2.1 RECX19-0018 TWO-LOT RECORDED EXEMPTION, RECX19-0018 - BRIAN AND CAROLINE COHOON 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 WELD COUNTY, COLORADO ATTEST: do,44) w .d.,;„k Mike F eeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tern BY: iu..� �, Lei t► Deputy Clerk to the Board � 144) S K. James AP ED o O { 1861 t .,,' ''� ._ Barbara Kirk eyer --7�; County orney ®u Not � Kevin D. Ross Date of signature: 0. 2020-3614 RECX19-0018 0_Sf} � DEPARTMENT OF PLANNING SERVICES l- 1! MEMORANDUM C_O UNTY; To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: RECX19-0018-unmet conditions of approval and plat not recorded Hearing Date: December 9, 2020 Owners: Brian &Caroline Cohoon Legal Description: Lot A of Recorded Exemption RE-3336; being a part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 19;approximately 0.5 miles south of County Road 16 Parcel Number: 1311-33-1-00-050 Zone District: A(Agricultural) Narrative: Two-Lot Recorded Exemption RECX19-0018, was conditionally approved on April 8, 2019. To date, the applicants have not completed Condition of Approval items #2.A regarding vacating the existing second home permit, #2.6 regarding an adequate water source, #2.C and #2.D regarding Environmental Health Septic requirements, #2.E regarding the Fort Lupton Fire District referral, #2.F regarding CO Division of Water Resources well permitting requirements, #2.G regarding the FRICO referral and #3 and #5 regarding the draft plat submittal, as detailed in the RECX19-0018 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 RECX19-0018 staff report item#7 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 2019. However, after Planning redline review, no additional plat submittal has been received.Additionally,the applicant submitted unsigned, draft access and seepage agreements with FRICO for the Bull 3 Lateral 5 Canal located north of the property in June of 2019. 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 Brian Cohoon on October 5, 2020, and representative, Martin Towell on November 11, 2020, both of whom 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: Rescind Notice B: Rescind Letter C: Certified Mail Receipt D: Staff Report E: Extension Request Letter RECX19-0018 Rescission O @O _3CO( a/o9 Page 1 of 1 RECX1c1- 00 is- DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue , Greeley, CO 80631 EXN T Email : mhall@co .weld . co . us us ' �-- Phone : (970) 400- 3528 "' Fax: (970) 304-6498 September 22 , 2020 A Brian & Caroline Cohoon 6677 County Road 19 Fort Lupton , CO 80621 Case Number: RECX19-0018 Parcel Number: 1311 - 33- 1 -00-050 Subject: Recorded Exemption Conditions of Approval and map not completed Dear Brian & Caroline Cohoon , On April 8 , 2019 , your application for a Recorded Exemption case no . RECX19-0018 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 #7 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 : RECX19-0018 1� �'r• DEPARTMENT OF PLANNING SERVICES 1555 N. 17'h Avenue, Greeley, CO 80631 J ± IJII I Email: mhall@co.weld.co.us coQ_i T1 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: RECX19-0018 Withdrawal Parcel Number: 1311-33-1-00-050 Dear Michael Hall, We, Property Owners, as joint applicants wish to withdraw Recorded Exemption case no. RECX19-0018. Brian Cohoon Date Caroline Cohoon Date ,;:tit;m80..§.6 - DEPARTMENT OF PLANNING SERVICES f �' `�' EXHIBIT 1555 N . 17th Avenue , Greeley, CO 80631 1 - �� d Email : mhall@co .weld . co . us ; , 1: T_Y �, . 1 Phone : (970) 400-3528 coU " T — November 10 , 2020 Brian & Caroline Cohoon Certified Mail Receipt No . 7019 1120 0002 3004 0996 6677 County Road 19 Fort Lupton , CO 80621 Case Number: RECX19-0018 Parcel Numbers : 1311 - 33- 1 -00- 050 Subject: Recorded Exemption Conditions of Approval and map not completed Dear Brian & Caroline Cohoon , 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 . RECX19-0018 by Sctober 22 , 2020 . To date , the applicants have not completed Condition of Approval items #2 .A regarding vacating the existing second home permit, #2 . B regarding an adequate water source , #2 . C and #2 . D regarding Environmental Health Septic requirements , #2 . E regarding the Fort Lupton Fire District referral , #2 . F regarding CO Division of Water Resources well permitting requirements , #2 . G regarding the FRICO referral and #3 and #5 regarding the draft plat submittal , as detailed in the RECX19-0018 staff report dated April 8 , 2019 . Planning staff was contacted by Brian Cohoon on October 5 , 2020 , who expressed intent to complete the case . However, as of November 9 , 2020 , no documented action has been taken 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 RECX19-0018 staff report item #7 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, Michael Hall , Planner II File : RECX19-0018 • 1.9 TM U . S . ri i ... ._ RECEIPT , m A Fr. CERTIFIED . sin .h! Dom es ti c mail Only .. 4„ u..., , .,. . . , .: , , , . ' , H.. .. !, ,., , ., . , ... ....... . ... . ... ,..,......._ . . ....._... . ...... .,........„ . _ , ........... .. .. ... 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WyDEPARTMENT OF PLANNING SERVICES fa,-1- 2__, 1555 N . 17th Avenue ItAt Greeley, Colorado 80631 C a UWebsite : www.weldgov. com __ -- a RITE1141§aWifga �tle.7:4; � j ;'�s�=� Email : mhall a@weldgov. com t ..rii�`�r`l tlfl�.5y� a-2}�j��-^� '� I{C � �� ,t. >> �, ,� �t,e n, k , : Phone : (970) 400-3528 y lA:_ .�! ,plc s y}t "` t ,1 ,i _ t S 1�{ , { ' c,ft i i , ° y f, a . €: 1 ., 1 ♦ r 4a ..-� -:,,,ors 3 a ! ,; t. 4 _! ♦ y ,cE 1 . n`Ss�,Ts.;,--;:,..;41, ,4.c ::,-_ -4,,,..4?..,,-: 4 April 8 , 2019 L ! ice 2 f F Z �' s- ra`� s �t t 1 i4 ..� .fc ate' 5 .._. _- , i ! l Nv 4 v y J: T � ..< ... . ,, :._ .!:.1.:- I...� :≥� asali.en�:�-•.a.�t ..sz,. 3 r:Y:. - ..i.: Martin Towell 6677 County Road 19 Fort Lupton , CO 80621 Subject: 2-Lot Recorded Exemption RECX19-0018 Parcel ID #: 1311 -33- 1 -00-050 Dear Brian & Caroline Cohoon , 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 , 16,4/ ' Michael Hall Planner I * 1861. DEPARTMENT OF PLANNING SERVICES 1 � RECORDED EXEMPTION ADMINISTRATIVE REVIEW cour-�; . Applicant: Brian &Caroline Cohoon RECX19-0018 Planner: Michael Hall Le al Descri tion. Lot A of Recorded Exemption RE-3336; being a part of the N2 of Section 33, T2N, g p R67W of the 6th P.M., Weld County, CO Parcel ID#: 1311-33-1-00-050 Lot A Size: +1 acre net Lot B Size: +1-6.15 acres Lot A: Proposed CWCWD Tap Lot A: Septic#SP-1400175 Water Source: &Existing Well#294705 Sewer System: Lot B: Septic#SP-9700030 Lot B: CWCWD Tap#1726 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 RE-3336, recorded September 25, 2002, reception # 2990416, via a two-lot recorded exemption. Lot A of RE-3336 was created prior to March 1, 2004 and is eligible for a one-time-only exemption and both new lots are not eligible to be split 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. Prior to recording the plat: A. There are two (2) homes located on the parent parcel, being Lot A of RE-3336. The second home was permitted by Zoning Permit for a Second Dwelling (ZPSD14-0011). The primary dwelling on the parent parcel will be located on proposed Lot B of RECX19-0018. RECX 19-0018 Page 1 of 6 The secondary dwelling on the parent parcel, as approved by ZPSD14-0011, will be located on proposed Lot A of RECX19-0018. As a result, the ZPSD14-0011 will be vacated as the two(2) existing homes will now be located on separate legal lots. The applicant shall submit a letter that acknowledges that both new lots are not permitted to construct additional second homes without receiving separate approval by the Weld County Department of Planning Services. B. The applicant shall clarify the water source for proposed Lot A: 1) If proposed Lot A will be served by a public water tap, Lot A shall comply with the one (1) 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. 2) If proposed Lot A will be served by the existing water well, Lot A shall comply with the two and one-half(2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right- of-way. C. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to Weld County Department of Public Health and Environment for verification of setbacks for proposed Lot A. Property lines may have to be adjusted so that the septic system for proposed Lot A remains on proposed Lot A and meets setbacks. D. 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. E. The applicant shall attempt to address the requirements of the Fort Lupton Fire District, as stated in the referral response dated March 29, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. The applicant shall attempt to address the requirements of the Colorado Division of Water Resources, regarding re-permitting the existing well (permit #294705), as stated in the referral response dated March 12, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The applicant shall attempt to address the requirements of FRICO, as stated in the referral response dated March 19, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1311-33-1 RECX19-0018 B. A 30 foot wide joint access and utility easement extending across Lot B from County Road 19, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. RECX19-0018 Page 2 of 6 D. County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of- way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. Show and label a septic system replacement envelope for Lot A. This envelope should be contained entirely within the boundaries of Lot A. Lot lines may need to be adjusted if this cannot be accomplished with the boundaries proposed. 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. 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. 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 2018 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 property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, 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 be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 8) 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. RECX19-0018 Page 3 of 6 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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. 11) 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. 12) 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. 13) 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. 14) Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger Lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. 15) 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. 16) 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. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 18) 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. 19) 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. RECX19-0018 Page 4 of 6 20) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 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. RECX19-0018 Page 5 of 6 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. 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. /41 cif By: Date: 04/08/2019 Michael Hall, Planner II RECX19-0018 Page 6 of 6 12/08/2020 R ECX 19-0018 Michael Hall Martin Towell Weld County Department of Planning Services 6677 County Road 19 EXHIBIT 1555 N 17th Avenue Fort Lupton , Co b Greeley, Co 80621 80631 303 304 4868 Dear sir, Thank you for your letter dated 11/ 10/2020 and the opportunity to reply . We originally made this application with the support of the property owners , our daughter and son in law . However since that time they have started divorce proceedings . It had seemed that the property would have to sold as part of the divorce settlement and so we did not proceed with RE . They are now finalizing their settlement and as part of that the property will be owned by our daughter, Caroline Cohoon . She has agreed that the RE should now be completed . Further she has decided that Plot A shall be increased too 2 . 5 acres as per the drawing attached . This will allow the the plot to comply Conditions 2 B & F with section 24-8-40 . L and allow us to complete the reapplication for a well permit . It will also address Conditions 2 C& D . We have also signed and submitted the Seepage Agreement required by FRICO ( copy attached ) . We have applied for an easement agreement allowing us to use the FRICO ditch road for access . This has been delivered to the mortgage company ( Quickenloans ) and we are waiting for it to be approved . I hope that these actions are enough to prove that we are serious about completing this RE and that we are once again making progress . tCASE 'NUMBED A: � R ECX19-001 APPLICANT: , , BRIAN i- CAROLINE c-OH OON , - PLANNER: MICHAEL HALL , z SUBJECT: _ _ CONDITIONS OF APPROVAL NOT MET; PLAT NOT RECORDED I -' L �CATI®N : WEST O.F AND ADJACENT TO .0O0NTY, ROAD �� , -19; APP OXIMATELY 0a, MILES SOUTH OF COUNTY ROAD 16 - P + , • ,s tis • '«Iws ` k ro I • _alls'-iIii±."4"-.1,--4 .. ., ..1 imaiiiish . „ Fri 1 _ D...,r....\44,2,„,;; . ... .i i 0 KS 7'. ; * tp i . tti, ag A , . . . , . p. .... . ._. i • . .. .. _ . ,.. , , , .. .. .. ,.., . -, ,..... 'fi .1 d‘., . !titaidissiiisimminsilisit.�� ,r✓N� w ,e`.,. ,mow r r gig}, ,. s�d'N«r. :Bbw.ra,w �,, ,.._. , W 3 IF if 4 • ..... }41. - . •.. ‘. 11 . . , i, le .. . - .. „ {, ; • 101 y ; j•*NMI ei. , r.,r 4 %lig*. • .t t. 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WELD COUNTY ROAD 19R.O.R.O.W. to' J i 136.94' 30'WCR 19 8.074 - t 27.75'TO — �1 ci 390.00' , 14 9 81O 7n 'r NrERS CTrop l WITH CR14 6677 WELD COUNTY ROAD 19 MICHAEL T. St. MEGAN E. 0OWD I hereby realty I?t:.f 1'tis ron-,,..r rrr.!!::..::.'.-.r.c_.;heat,a,..,t,,eptit4u i.n. VEt;TRA Il<1i':K'CF COLokADO, that it is not a lal .1 survey tat or improvement surveyy plat,and tliat it is not to be relied upon fcr the establishment of fence,buildings,or future improvement lines. I further certify that the improvements on the above ��t. R _ described parcel of this date, 11- 10-00,except utility connections,are �"""� l . . entirely within the boundaries of the parcel,except as shown,that there - \-.1..^.--. �. ' are no encroachments upon the described premises by improvements on r an7 adjoining premises,except as indicated,and that there is no apparent • evidence or sign of any easement crossing or burdening any part of said - -- - parcel,except as noted. `67,31A 4- E-1.'4.". ''. NOVEMBER 110, 2000 m =Concrete 0 -wand Step, f .Asphalt -X—=Ferret •=Survey Pin,Mar*,or Control NO Er.411 ties are routuled to the nearest foot. Porch,or Died' Prepared by and Return to: Farmers Reservoir and Irrigation Company Attn:Eve Craven 80 South 27th Avenue Brighton,Colorado 80601 04028 Bull 3 Lateral 5 2019.93 SEEPAGE EASEMENT AGREEMENT THIS SEEPAGE EASEMENT AGREEMENT (the "AGREEMENT") is made and entered into this day of , 2019, by and between Brian and Caroline Cohoon, individuals, whose address is 6677 County Road 19, Fort Lupton, CO 80621 ("GRANTOR"), and The Farmers Reservoir and Irrigation Company, whose address is 80 South 27th Avenue, Brighton, Colorado 80601 ("FRICO"). WITNESSETH: GRANTOR is the owner of land which is more particularly described in Exhibit A attached and incorporated by this reference ("GRANTOR PROPERTY"); and GRANTOR HEREBY ACKNOWLEDGES the operation of FRICO's canal, commonly referred to as the Bull 3 Lateral 5 ("CANAL"), through and across or adjacent to the Grantor Property; and GRANTOR FURTHER ACKNOWLEDGES that the operation of the Canal may result in subsurface seepage of water from the Canal to the surrounding land. FOR AND IN CONSIDERATION of the sum of ten dollars($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the mutual covenants contained herein, Grantor hereby grants, bargains and sells to FRICO, its successors and assigns,a seepage easement upon, across, through, and under Grantor's Property, for the purpose of allowing for seepage appurtenant to the Canal. IT IS FURTHER MUTUALLY COVENANTED AND AGREED by and between Grantor and FRICO as follows: 1. Grantor retains the right to the undisturbed use and occupancy of the Grantor Property, insofar as such use and occupancy is consistent with and does not impair any grant, covenant, condition, or restriction contained in this Agreement. However, Grantor specifically grants FRICO an easement to seep water from the Canal upon, across, through, and under the Grantor Property, and Grantor specifically waives, releases and disclaims any right to claim damage caused by the seepage of water arising from FRICO's ownership, operation and maintenance of the Canal. Grantor agrees to hold FRICO harmless from any damage to Grantor's Property or the improvements constructed on the Property or from the loss of use of such Property or improvements caused by such seepage from the Canal. 2. Grantor warrants that it has full right, title and lawful authority to grant the easement herein, and to make and enforce the promises in this Agreement, subject to existing easements, restrictions, and rights-of-way of record. Seepage Easement Agreement A 3. Grantor will not excavate or construct any facility, active or passive, to capture or convey groundwater(including but not limited to subsurface drainage systems,pumps,and passive drainage systems), or which would otherwise tend to increase the rate of seepage from the Canal (collectively, "GROUNDWATER CAPTURE FACILITIES"), without FRICO's prior review and approval. FRICO's approval may be withheld in FRICO's sole discretion,and may be conditioned upon Grantor providing protective measures (including but not limited to construction of • improvements to prevent seepage from the Canal) at Grantor's expense. 4. The word"Grantor"as used herein, whenever the context requires or permits,shall include the heirs,personal representatives, beneficiaries,successors,grantees,and assigns of each of the owners of the Grantor Property or the respective owners from time to time of portions thereof. The burdens and benefits of this Agreement shall be deemed covenants running with said easement and said land. The terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the respective heirs,personal representatives,beneficiaries,successors, grantees and assigns of the parties hereto. 5. Any transferee of any part of the Grantor Property shall automatically be deemed, by acceptance of title to any portion of the Grantor Property, to have assumed all obligations of this Agreement relating thereto to the extent of its interest in its portion of the Grantor Property. The Grantee and Grantor agree that upon the completion of such transfer, the transferor shall be relieved of all further liability under this Agreement except liability with respect to matters that may have arisen during its period of ownership of the portion of the Grantor Property so conveyed that remain unsatisfied. 6. This Agreement may be executed in separate counterparts, the signatures on which may be by facsimile, none of which need contain the signatures of all Parties, each of which shall be deemed to be an original, and all of which taken together constitute one and the same instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than the number of counterparts containing the respective signatures of, or on behalf of, all of the Parties hereto. [SIGNATURE PAGES FOLLOW] Seepage Easement Agreement Paget of 5 /A LICENSEE: By: Brian Cohoon,Owner &Ism& • By: Caroline Cohoon,Owner STATE OF COLORADO } ss. COUNTY OF/griple r } The foregoing instrument was acknowledged before me this ,44. '"day ofit-t<t.t2.. , 2019, by Brian and Caroline Cohoon as Owners of 6677 County Road 19,Fort Lupton,Colorado 80621-9024. Witness my hand and notarial seal. My commission expires 9- /n2-51g, [SEAL] •y Public 'TiIP• kRYTARY PUBLIC:: IC NiCli\I '(u .u:81ii}I s l5} (:O'iMlS,`:ION I it'IR; • • 8 L:ICLIENTS\104631997.000I10I325518.DOC / Hello