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Home My WebLink About20203611 RESOLUTION RE: APPROVE AMENDED TWO-LOT RECORDED EXEMPTION, RECX16-0061 - RYAN AND HEATHER HEILAND, AND ANTHONY AND LORI SANCHEZ 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 June 3, 2016, the Department of Planning Services administratively approved the application of Lane Walter, 6813 West 31st Street, Greeley, Colorado 80634, for an Amended Two-Lot Recorded Exemption, RECX16-0061, to divide the property into parcels estimated to be approximately 62 acres and 2.12 acres, for property which is located on the following described real estate, to-wit: Lots A and B of Recorded Exemption, RE-4737; being a part of the NE1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services staff notified the current property owners, Ryan and Heather Heiland, 746 State Highway 60, Loveland, Colorado 80537, and Anthony and Lori Sanchez, 501 County Road 48, Berthoud, Colorado 80513, 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, Ryan and Heather Heiland, were present, 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 an Amended Two-Lot Recorded Exemption, RECX16-0061, on property owned by Ryan and Heather Heiland, and Anthony and Lori Sanchez, 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 June 3, 2016, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for an Amended Two-Lot Recorded Exemption, RECX16-0061, on property owned by Ryan and Heather Heiland, and Anthony and Lori Sanchez, 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 June 3, 2016, a copy of which is attached hereto and incorporated herein by reference. CC:PL(soi/1-0 APPS kill 2.O2.1 2020-3611 RECX16-0061 AMENDED RECORDED EXEMPTION, RECX16-0061 - RYAN AND HEATHER HEILAND, AND ANTHONY AND LORI SANCHEZ 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: dithAi G: •aC�to%ii Mike Freeman, Chair Weld County Clerk to the Board J -#,9320-1- Stev Moren , Pro-Tem BY: iI� L La�/Lii eputy Clerk to the Board p�% Sc 1.K. James APP ED AS ��j� :arbara Kirkm:yer County Attorney Kevin D. Ross Date of signature: O1 O. 2020-3611 RECX16-0061 ig61 �� 1 � . DEPARTMENT OF PLANNING SERVICES U c - • 'escMEMORANDUM To : Weld County Board of County Commissioners From : Michael Hall , Planner Subject: RECX16-0061 - unmet conditions of approval and plat not recorded Hearing Date : December 9 , 2020 Owners : Ryan & Heather Heiland & Anthony L . & Lori K. Sanchez Legal Description : Lot A and Lot B of Recorded Exemption RE-4737 ; being a part of the NE4 of Section 6 , T4N , R68W of the 6th P . M . , Weld County , CO Location : South and adjacent to Highway 60 ; approximately 0 . 25 miles west of County Road 3 Parcel Numbers : 1061 - 06- 1 -00- 018 & 1061 -06- 10-0-019 Zone District: A (Agricultural) Narrative : Amended Recorded Exemption RECX16-0061 , was conditionally approved on June 3 , 2016 . To date , the applicants have not completed Condition of Approval items #2 .A & 2 . B regarding CDOT access permit requirements and #3 and #5 regarding the draft plat submittal , as detailed in the RECX16-0061 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 RECX16-0061 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 . " There are extenuating circumstances in this case . The application was submitted on April 5 , 2016 , care of Lane Walter. Before the case received approval in June of 2016 , Lot A was sold from Lane Walter to Ryan & Heather Heiland by deed , recorded April 24 , 2016 , reception # 4198651 . The new Lot A property owners were not aware that the lot line adjustment had not been completed . The Lot B property owners Anthony L . & Lori K. Sanchez , were likewise not aware that the application was not completed as Lane Walter was the point of contact for the application . As a result, no action has been taken since 2016 . 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 Anthony Sanchez on October 1 , 2020 , November 2 , 2020 , November 20 , 2020 and December 1 , 2020 and by Ryan Heiland on November 17 , 2020 , both of whom expressed intent to complete the case . Ryan and Heather Heiland submitted an Extension Request Letter, dated November 30 , 2020 regarding the delay of completion . 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 RECX16-0061 Rescission 2020 -3611 Page 1 of 1 d0 a CX tCh W a c Mr. and Mrs . Heiland 746 E . State Highway 60 Loveland , CO 8053776 EXHIBIT s November 30, 2020 Department of Planning Services Attn : Michael Hall 1555 N . 17th Avenue Greeley, CO 80631 RE : Case Number : RECX16-0061 Subject : Response to `Amended Recorded Exemption Conditions of Approval and map not completed ' Dear Mr. Hall , This letter is in response to the letters we have received from the Weld County Department of Planning Services on 9/22/20 and 11/10/20, as well as to provide an explanation surrounding the circumstances of the delay of the application . We respectfully request that our application not be rescinded . First, we apologize for the delay in our response once the initial letter was received on 9/22/20 . We did discuss the letter with our neighbor, Tony and Lori Sanchez, and began working on addressing the open issues . We understand Mr. Sanchez contacted the planning staff on a few occasions and our hope was that this showed good faith in us working to resolve the issue . Unfortunately, my husband fell very ill the first weekend in October which limited our time and ability to support the efforts in resolving this issue and providing the necessary information to Mr . Sanchez. My husband ended up having to take 7- 1/2 weeks off from work, most days bed - ridden , had many doctor visits, etc . since early October. While we acknowledge this is not a great excuse for the delay since the first letter, we ask for your compassion and understanding of the un -timely challenges this posed to us being able to support the reconciliation efforts regarding this case . We are committed to resolving this case and all open items as quickly as possible, and it is our goal to have all documentation resolved and prepared to submit, if not already submitted , by the date of the hearing on 12/9/20 . The original application for the plat adjustment was submitted prior to my husband and I becoming the owners of the current property. During the closing process in April of 2016, we were made aware that the previous Owner, Lane Walter, and Mr . Sanchez had initiated an application for the lot line adjustment . Since a fully-approved Recorded Exemption was not available prior to closing, part of our closing agreement was confirmation that Mr. Walter had initiated the process with the county and had pre- paid any associated fees for the final survey . On 4/25/2016, we were provided a copy of the receipt from Weld County showing that Lane Walter had paid for the ' Recorded Exemptions Amendments' cost ( Inv #83997, $ 180 . 00 ) . It was our understanding that as the soon-to- be new property owners, we would only be required to perform a final sign -off once the Recorded Exemption was approved, and it was assumed we would be contacted when it was ready . From the recent letters received , it seems a staff report noting specific Conditions of Approval was issued on 6/3/2016, however we are not aware of receiving this . It is our understanding,without having received a copy of the staff report, but from the letters,that the below items are to be addressed. Please see our responses: Item#2.A&#2.B (CDOT Access Permit)—Tony Sanchez has received this documentation and will be submitting shortly. Item#3 & l#5 (Draft Plat submittal)—Surveying was complete on property by 11/24/20, it is our understanding the final document will be available by 12/4/20. It was certainly not intentional for this application and case to remain open this long, nor escalate to a hearing. Thank you for your time in this matter. Ryan &Heather Heiland � Sul q T O0 F AN \S0NG SERVIIC H,S t > > © EPA ^ � AQ 1555 N . 17th Avenue , Greele CO 80631 rJ N Y E uL -?J_ Email : mhall@co .weld . co . us uNTY co � -�, EXHIBIT • Phone : (970) 400-3528 Fax : (970) 304-6498 September 22 , 2020 Ryan & Heather Heilan Anthony L . & Lori K. Sanchez 746 State Highway 60 501 County Road 48 Loveland , CO 80537 Berthoud , CO 80513 Case Number: RECX16-0061 Parcel Numbers : 1061 - 06- 1 -00- 018 & 1061 -06- 10-0-019 Subject: Amended Recorded Exemption Conditions of Approval and map not completed Dear Ryan & Heather Heilan and Anthony L . & Lori K. Sanchez , On June 3 , 2016 , your application for an Amended Recorded Exemption case no . RECX16-0061was 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 17 , 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 ! oard 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 Amended 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 : RECX16- 0061 � 1861. DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us 'l r 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: RECX16-0061 Withdrawal Parcel Numbers: 1061-06-1-00-018 & 1061-06-10-0-019 Dear Michael Hall, We, Property Owners, as joint applicants wish to withdraw Amended Recorded Exemption case no. RECX16- 0061 Ryan Heilan Date Heather Heilan Date Anthony L. Sanchez Date Lori K. Sanchez Date 1861 / 46; I DEPARTMENT OF PLANNING SERVICES r I EXHIBIT - 1555 N . 17th Avenue , Greeley , CO 80631 `msg-if Email : mhall@co .weld . co . us N'-, Y .fr Phone : (970) 400-3528 .5 ri I November 10 , 2020 Ryan & Heather Heilan Certified Mail Receipt No . 7019 1120 0002 3004 1023 746 State Highway 60 Loveland , CO 80537 Anthony L . & Lori K. Sanchez Certified Mail Receipt No . 7019 1120 0002 3004 1016 501 County Road 48 Berthoud , CO 80513 Case Number: RECX16-0061 Parcel Numbers: 1061 - 06- 1 -00- 018 & 1061 -06- 10- 0-019 Subject: Amended Recorded Exemption Conditions of Approval and map not completed Dear Ryan & Heather Heilan and Anthony L . & Lori K. Sanchez , On September 22 , 2020 , the Department of Planning Services , sent both property owners a letter via United States Postal Service mail , requesting completion or withdrawal of the pending Amended Recorded Exemption case no . RECX16-0061 by October 22 , 2020 . To date , the applicants have not completed Condition of Approval items #2 .A & 2 . B regarding CDOT access permit requirements and #3 and #5 regarding the draft plat submittal , as detailed in the RECX16- 0061 staff report dated June 3 , 2016 . Planning staff was contacted by Anthony Sanchez on October 1 , 2020 and November 2 , 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 Amended 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 RECX16-0061 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 , 1<4/fr' Michael Hall , Planner II File : RECX16-0061 • i U . S . Posts Ser Til U . S . 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Article Number (Transfer from . ..; rvkaaIabeI) O Collect on Delivery Restricted Delivery El Signature Confirmationrm ' ' Mail D Signature Confirmation 7019 1120 . 102 B0ILI ].11J16 Mail Restricted Delivery Restricted Delivery . . , _ o .; _a_________. _. , . . . ....,..,,,, ., ..„. , „....,,.. . , ....:,„:,. . . . „,,, . . . _ ., . __„ ..,„. ._. ., „ _ )0) _ ..._ _ ____ ,_ ., 1 PS Form 3811 . July 2015 PSN 7530-02-000-9053 Domestic Return Receip#t ,401/4%,$), U861 / kc, DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue ,�... Greeley, Colorado 80631 Website : www.weldgov. com Email : mhall@weldgov. com Phone (970) 353-6100 , Ext. 3528 y _ ,w�� r•> Fax (970) 304-6498 ‘12\r-1\—! C \I/ as/ �.� .-+.n�.a.,_ - ... .�:3:i2" '3 vy+. EXHIBIT rJ4 June 3 , 2016 .,x� , _ ' ��1%7 �;I;-r.::.�s-.ti,�..�?p-,d�.`'�G.cr b ji�{:h��-.'.l a ti'...� �"b�. '. r gin" Lane Walter 6813 West 31st Street Greeley, CO 80634 Subject: Amended Recorded Exemption RECX16-0061 Parcel ID #s : 1061 -06- 1 -00-018 & 1061 -06- 10-0-019 Dear Ryan & Heather Heilan and Anthony L . & Lori K. Sanchez, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code . We find that your proposed Amended Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case . Please address all issues identified in the staff comments . Prior to submitting the Mylar, please submit one ( 1 ) paper copy of your plat for review by the Department of Planning Services staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval . The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code . The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution . There is an eleven ($ 11 . 00) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. 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 be added for each additional 3 month period . Please contact me with any questions . Sincerely, i77 41 Michael Hall Planner I 1861 y .., DEPARTMENT OF PLANNING SERVICES AMENDED RECORDED EXEMPTION �}1 ADMINISTRATIVE REVIEW Applicant: Ryan & Heather Heilan and RECX16-0061 Planner: Michael Hall Anthony L. & Lori K. Sanchez Le al Description: Lot A and Lot B of Recorded Exemption RE-4737; being a part of the NE4 of Section g p 6, T4N, R68W of the 6th P.M., Weld County, CO Parcel ID#s: 1061-06-1-00-018 & 1061-06-10-0-019 Lot A Size Before: +/-2 acres Lot B Size Before: +/-62.12 acres Lot A Size After: +/-2.12 acres Lot B Size After: +/-62 acres Water Source Lot A: LTWD Tap#370204 Sewer System: Lot A: Septic#SP-1300247 Before/After: Lot B: Proposed LTWD Tap Before/After: 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 Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways. Please contact CDOT for any additional requirements that may be needed. RECX16-0061 Page 1 of 5 B. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 60, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). C. 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. D. 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. E. 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. F. 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. 1061-06-01 RECX16-0061. B. Show and label the 30 foot wide joint access and utility easement extending across Lot A from State Highway 60 for the benefit of Lots A and B, per Recorded Exemption RE-4737, Reception No. 3609994. C. Show and label the 6 foot wide exclusive surface easement extending across Lot A from State Highway 60, per Reception No. 1714836. D. Show and label the existing and future right-of-way for State Highway 60. Contact CDOT for right-of-way widths and additional requirements. 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. * 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 twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-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. RECX16-0061 Page 2 of 5 3) The purpose of this amendment is to adjust the boundaries between Lots A and B of RE-4737 now known as Lots A and B of RECX16-0061. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 5) 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. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) The property owner shall control noxious weeds on the site. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 12) 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. 13) Potential Purchasers are hereby notified that a hog farm is permitted by USR-676 and is located directly west of the proposed Recorded Exemption. Specifically, south and adjacent to State Highway 60 and approximately 0.5 miles east of County Road 1. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 14) 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. RECX16-0061 Page 3 of 5 15) 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 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. RECX16-0061 Page 4 of 5 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 one ( 1 ) electronic copy or one ( 1 ) paper copy 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 CAD formats are . dwg , . dxf, and . dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles , Arclnfo Coverages and Arclnfo Export files format type is . e00 . The preferred format for Images is . tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@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. 44/A, By: Date : 06/03/2016 Michael Hall , Planner I RECX16- 0061 Page 5 of 5 h > r .�;_ ', "<c�.� '7,-,-,,,, `�H,-,,,,,: _ '�'z x .,4' ` r 3c � .- v .. ^ r -� ti _> ^ _ ., s ,. `'jam u 0- -',„'a,-.1 ',,t �- "w- - '', ` ,eJ', ^�`_ �- `t`fr� ,,a x',2,',.„'4 a?t, i Zi:,- ,. '1% 's c ,.. '' ^;r ' :, , c , �s �,iti §_ ,/�^ zi tiT ,� $ -0 C " 51 '1 _ , , . tilt wE4 ti Al w � YN + ♦ + . 4�� `Y i ,� ^.` iA..' 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