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Home My WebLink About20180651.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT, FOR RECX15-0165 - HOMES FOR OUR TROOPS 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, pursuant to Sections 2-4-10 and 12-5-100 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Department of Public Works to deny an Access Permit, for RECX15-0165, submitted by the appellant, Homes for Our Troops, and WHEREAS, the Board heard testimony and took evidence from Department of Public Works staff and Homes for Our Troops, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the appellant and the Department of Public Works, the Board deems it advisable to deny the appeal of Homes for Our Troops, and affirm the decision by the Department of Public Works to deny the Access Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Homes for Our Troops, be, and hereby is, denied, and the decision by the Department of Public Works to deny the Access Permit is affirmed. co t Pwc Oa./ tee , co._c Oc/ 0.PPL, py 25-18 2018-0651 RECX15-0165 RE: APPEAL FOR ACCESS PERMIT, RECX15-0165 - HOMES FOR OUR TROOPS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dam) XL,4k. Weld County Clerk to the Board BY: Deputy Clerk to the Bo APPR y Attorney Date of signature: O3-.29-/8 Steve Moreno, Chair JLACCli— arbara Kirkmeyer Pro-Tem Sean P. Co way Ju ie A. ozad Mike Freeman 2018-0651 RECX15-0165 ME UM TO: Board of County Commissioners DATE: February 28, 2018 FROM: Dawn Anderson, Public Works SUBJECT: Appeal of Access Permit Denial for Homes for Our Troops Weld County Public Works received an access permit application from Homes for Our Troops in December, 2017. The permit application requested the addition of an individual residential access point off of WCR 8 to Lot C (9105 CR 8, Fort Lupton) of four -lot recorded exemption (RE), ',ECX15-0165, approved by BOCC Resolution. Weld County Planning staff had initially recommended denial of the RE because several Weld County Code Sections were not met. Because staff denied the RE the project was presented to the Board of County Commissioners (BOCC) for consideration on March 14, 2016. Ultimately the BOCC approved the RE with amendments on a vote of 4-1. One of the amendments was to include the following language to Section 1. Paragraph G: A shared access will be permitted for the four (4) lot Recorded Exemption with no net increase in access points to the property. This language was included in the Resolution, see Exhibit A, as determined by the BOCC. This language is consistent with the Weld County Code as follows: 12-5-30.A, Access to a Single Parcel. Each parcel shall be allowed one access point for safe ingress and egress, which may be an existing or new shared access. Each parcel shall be limited to this single access, except as modified by the Board of County Commissioners; as a result of zoning requirements; consideration in land use applications; safety considerations; subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. 24-8-40.C, Exemption Standards. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new Access Permit from the Colorado Department of Transportation. 2. Contiguous lots created through the exemption process shall, when practicable, share access. 3. Existing► or future public rights -of -way and additional access points on County raods shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. 4. A new access with a choice as to which Count road it feeds onto shall choose the Count road with the lowest traffic count. The shared access point was approved for all four (4) lots from a point off of WCR 19 as detailed in item #2.B of the RECX15-0165 resolution and AP16-00016 comments. Mr. Enter, owner of the parent parcel of RECX15-0165, discussed the access layout of the RECX15-0165 lots during the BOCC hearing on March 14, 2016 and he agreed that the only access point granted to Lots AC was the shared thirty foot access and utility easement off of C1" 19. The thirty foot access easement for all four lots is shown on the approved recorded plat, Exhibits B and C. The Homes for Our Troops request, as well as all access points in reference to this RE, are shown on Exhibits D and E. Staff did discuss with Homes for Our Troops a willingness to move the proposed access point east to match the existing driveway south of the roadway if approved. They stated that they would be willing to make this change. Staff also reached out to the applicant requsting a hardship or justification for proceeding with a variance and appeal request. The applicant has shared concerns of future maintenance 20 8-0651 costs of the shared access point both physically and economically as can be seen in the letter dated, February 14, 2018 from Wohnrade Civil Engineers, Inc. on behalf of the applicant. Public Works staff denied this request based on the original resolution of the BOCC for no net increase to access points with the RE. At this time, Lot C is still owned by Mr. Roy Enter who completed the RE. Staff has performed a site visit of the property and finds that either point, orginal request or modified request along WCR 8 would meet both spacing and site distance criteria. Public Works and Planning Staff recommends staying with the decision of the original resolution for no net increase and keep all four lots, including Lot C, under the prior approved shared access point. WCR 19 is an arterial road with 140' of right-of-way as identified on the County's functional classification map. The ADT is 812 with 26% of the vehicles per day being trucks. WCR 8 is a local gravel road with 60' of right-of-way as identified on the County's functional classification map. The ADT is 176 with 35% trucks. I'm available to answer any questions you may have. EXHIBIT A RESOLUTION RE: APPROVAL OF FOUR (4) LOT RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, C/O ROY ENTER 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, the request for Recorded Exemption RECX15-0165 was submitted by North Star Farms, LLC, do Roy Enter, 1385 S. Willow Street, Denver, Colorado 80247, c/o Intermill Land Surveying, Inc., 1301 N. Cleveland Avenue, Loveland, Colorado 80537, for property which is located on the following described real estate, to -wit: Lot D of Recorded Exemption, RE -4948, being part of the SW1/4 of Section 15, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX15-0165, does not come within the purview of the definition of the terms "subdivision" and ' subdivided land," and WHEREAS, this request is to divide the property into four (4) parcels, with three (3) parcels estimated to be approximately 2.5 acres and one (1) parcel estimated to be approximately 125.29 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcels of land be, and hereby are, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of North Star Farms, LLC, c/o Roy Enter, for Recorded Exemption, RECX15-0165, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response dated January 20, 2016. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. de : A (Atka ilicp/‘ 4-"1-2cb 2016-0907 RECX15-0165 RECORDED EXEMPTION, RECX15-0165 — NORTH STAR FARMS, LLC, C/O ROY ENTER PAGE 2 The applicant shall attempt to address the requirements of Weld County School District RE -8, as stated in the referral response dated February 4, 2016. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. Lots A, B and C 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. D Lots Al B and C shall comply with the two and one-half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 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. A shared access will be permitted for the four (4) lot Recorded Exemption with no net increase in access points to the property. 2 Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1469-15-03 RECX15-0165. A 30 -foot -wide joint access and utility easement extending across Lot D from County Road 19, for the benefit of Lots A, B, C and D shall be shown dearly 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. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP10--00016). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Road 8 is a gravel road and is designated on the Weld County Road Classification Plan 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. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 2016-0907 RECX15-0105 RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, O/O ROY ENTER PAGE 3 E. County Road 19 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 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, including the joint access and utility easement for the benefit of Lot C of RE -4948 and Lot D of RECX15-0165, per Reception Number 3664581. 3. The following notes shall be placed on the plat: A. All proposed or existing structures will 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 Chapter 23 in accordance with Subsection 23-6-10.C of this Code. 1) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 2) Lots A, -B and C are not eligible for a future land exemption in accordance with Section 24-8-20.O.3 of the Weld County Code. 3) 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. 4) 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. 2016-0907 RECX15-0165 RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, 0/O ROY ENTER PAGE 4 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 6) Potential purchasers should be aware that Lots A, B, C and D 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. 7) 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. 8) 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. 9) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural 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 Department of Planning Services 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. 12) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 13) 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. 14) Potential Purchasers are hereby notified that a tree -trimming business and storage of vehicles is permitted by USR-1482 and is 2016-0907 RECX15-0165 RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, C/O ROY ENTER PAGE 5 located west of and adjacent to the proposed Recorded Exemption; specifically, approximately 0.05 miles north of County Road 8 and west of and adjacent to County Road 19. Off -site impacts that may be encountered include noise and dust from equipment and other nuisances. 15) Potential Purchasers are hereby notified that a dairy is permitted by SUP -327 and is located south of and adjacent to the proposed Recorded Exemption; specifically, south of and adjacent to County Road 8 and approximately 0.1 miles west of County Road 19. Off -site impacts that may be encountered include noise, dust and odors from animal pens. 16) Potential Purchasers are hereby notified that a mineral resource development facility is permitted by AMUSR11-0021 and is located north of the proposed Recorded Exemption; specifically, south of and adjacent to County Road 10 and east of and adjacent to County Road 19. Off -site impacts that may be encountered include noise and dust from equipment, trucks and other nuisances. 17) 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. 18) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 4. Additional Information. A. 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 (O.W.T.S.) regulations. 2016-0907 RECX15-0165 RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, C/O ROY ENTER PAGE 6 The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. 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. C. 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. 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 one hundred twenty (120) days days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (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. 2016-0907 RECX 15-0165 RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, C/O ROY ENTER PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:, Weld County Clerk o the Board BY` D uty Clerk to the Board APPRO ED AS T► ORM: Date of signature: Mike Freeman, Chair (AYE) (AYE) (AYE) (NAY) (NAY) 2016-0907 RECX15-0165 42 7551 of 07%e/2e16 04:39 1 9 Pit RFee:g 1.0e Car 11, rapes. Clark and Poarder Wald Counts CO iIHNY.r1 RR��l of ii }IU4.(1�6111�N�Sr1vX' 1sun Q co 0 a East 1/4 Corner Section 15-1-67 Found No. 6 Reber (length unknown) with 2—I/2" diameter Aluminum Cap marked 05 shown. aE ENC, y 20' 5 c4ee TIN Re7W 516 $18 Sts CS .5320/ South 1/16 Corner Section 15-1-67 Found No. 6 Reber (length unknown) with 2- diameter Aluminum Cop In Range Box marked as shown. SO WELD COUNTY ROAD 10 (0e../GAS) EA _ (AL_ O d i p N O rei , a EXHIBIT B VICINITY MAP Scale - 1" = 2000' 589.52'49 w 132.9.8a(R) S8954105"W 1330.49'0A) S89'54'05"W 1000.20'(U) - S89'.`. 1000.01'(R ) Found 1/2" Reba: (length unknown) with alum'num cop mocked LS 9644 Lot A of RE -3291 (JOT A PAR -1) Lot B of RE -3291 (NC1T A PAR') Found I/2" Reber (length unknown) with aluminum coo marked LS 9644, 4.33' East and 0.09' North of Set \, pin (LS 30462). n0 a O 00 s W 10 6 d rri r*1 mre et ire Lot A of RE -4948 4NOT A PMT, Lot B of RE -4948 (NOT A PART) I $00'03'19"E _ 7;.55'(R) _ SD0'03'14"E 71.73'(M) co re. Set No. 4 Rebor j (18" long) with 1' diameter rod plastic cop marked LS J w I 30462 at 30.00' on I m County Road Right 1 of Way. _J I I 415.00'(Ri S89'52'48'W 415.22'(44) - S89'52'48"W a)C) o 0 o • O W RECORDED EXEMPTION NO. 1469=11543 RCCX 54D A PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. LINE LEGEND 329.53'(R) S80.52'48'10 330.291(M) - S89'54'05"W T Lot C of RE -4948 (NOT A PAN;) 989'52'48"W S89'52'48"W tr-33. 5.85.0018) 565.00'(M) 5 ptS1 APt 0-00016 found 1/7" Rebor (length unknown) with aluminum cop mocked /7" -LS 9644 4.43' East and 6.09' North oe Set pt" (Ls 30462).- _ 15' Joint Accote and Utility Eoewnent for thn benefit of tote C end p'ol RE -4948 (now kno,m as Lot 0 of RECXl5-0185, agriwlturd and ditch os•per Reception No. 3654581 dated 12-11-2009. (shaded) Set No. 4 Rebor (16" long) with I" diameter red plastic cop mocked LS 30462 at 30.00' on County Rood Right of Way. 200' on/Gos Tan,. Bolter) snhack r-150* Oll/Gos Well %etboc4. 40' Future County Road r Right of Way. - . / 60' County Road Right of Way as Per Bode 15 at Page/41. doted 9-9-1018. AP10-00018 (to be vacated) PA 'PIES) AP18-00018 N89'48'19 -E _�yr� 66887..34' . 30' Access and Utility Easement for the benefit of Lot A, B. C and D of RECX15-0185, (ohoded) CI err Wi 1 357.22' Lot A 3.47s acres (dross) 2.90± mesa (net) w to n t` ri 299.76' 299.78' 8 I✓ u"I i. • o 0 z N ' ei 01 Lot B non Lot C n n n2.71 = acre; (gross) w n 2.71 r acres (dross),. ve R2.50+ acres (nag) N m 7 80+ acres (not) .,o, 2 n n 382.ST1 2.75 Southwest Corner Section 15-1-67 Found No. 6 Rebor (length unknown) with 3-1/4" diameter Aluminum Cap In Range Box marked as shown. 299.78 N89'48)1 9"E '489'49'19' E Set No. 4 Rebor (16' long) with 1" diameter red plaetie cop marked LS 30462 at 30.00' an County Rood Right of Way. 4- — Boundary Line / Lot Line. = Section Line. - Right of Way Line. = Easement Line. Center West 1/16 Corner Section 15-1-67 Found No. 6 Reba (length unknown) with 2-1/2" diameter Aluminum Cap marked as shown. 589'52'48-W 589'51.48"W 159' Pipeline Right et Way an per Reception No. 3838238 dated 4/11/2012. Found 1/2" Reber (length unknown) w,lh eluroinum cep marked LS 9644 PROPERTY DESCRIPTION: Lot D of Recorded ExetiNo. Townehlp 1 North. Rangop 67 Weot of8the 6th Principal 9-15-03 4Meridian. County of8, situate In the Weld, State st oofe r of Section 15, Colorado. 1329.83'(R) 1329.58'(M) �,�� '5C' 011/Gas Well setbacx • Lot D 125.92x acres (gross) 124.18± acres (not) 150' Oft/Goo Yid: setback N42'56'02"E 72_99' Sat No. 4 Rebor (16" long) with 1" diameter red plastic cap marked LS 30462 of 30.00' on County Road Right of Way. I6 1.47 z663.501(M) 30' 2653.25'(R) 0 (o1L 3AS) AP1e-00010 WELD COUNTY ROAD 8 IS0' Oil/Gas Well setback 60' County Rood Right of i Way as per Book 2 at Page 382, dated 4-5-1881. (AG) AP1&00018 8 R87 IS 4 22 1993 X'056 ejlel Qv CENTER sts 58 4S 2 25851 TIN Center 1/4 Corner Section 15-1-67 Found No. 6 Reber (length unknown) with 3-1/4" diameter Aluminum Cop marked as shown. Z Or O0 Od -4 Clem N) cn (A v CJ u 0'a O)o PROPERTY OWNERS CERTIFICATE: NORTH WEST SOUTH EAST 200 ,50 rl w I 1 0 ton HORIZONTAL SCALE :1' = 200' 400 STATEMENT OF LINEAR UNITS USED: Linear Units Used for this survey — U.S. Survey Feet Wa, the undersigned, being the solo ownorre in fee of the above described property, do hereby subdivide the some oe d1own on the attached mop. We understand this property is located in the Agriculture] Zone District and Is also Intended to provide areas for the conduct of other use by right, accessory uses, and uses by special review. North Star Forms. LLC t y Roy N. Enter State of Colorado County of The foregoing Instrument coos acknowledged before to -10-2020 As: Manager )89 My commission expires: 1Ytnase my Hond and Offic Notary Public EASEMENT CERTIFICATE: infk me this A I day of tune ALLYSON ROTH NOTARY MARX UG STATROPCOLORADO NOTARY 10 20044004907 NYC0MISDI 10N ODPNiO/409690 20 Lb. I (We). the undersigned, do hereby dedicate for the benefit of the property shown or described hereon. easements for the purposes shown or described hereon. North Star Farms, LLC By fY N. Enter As: Manager CERTIFICATE OF APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS: This plat is accepted and approved by the Board of County Commissioners of Weld County. State of Colorado W1tnese my hand and the corporate anal of Weld County this 11 Choir, Board of County Commissioners ATTEST: <iGQ t& v im`-• Weld County Clerk to the Board By Deputy Clerk to the Board Ore/99/ otCo Dote: GENERAL NOTES: �� day of �'�� , 20fk I. Basis of Bearings: The South line of the Southwest Quarter of Section 15. Township 1 North, Range 67 West Is assumed to boar North 69'48'19" East, monumentatlon of sold line as shown hereon. 2. ® `* Set No. 2 rebor (16" long) with I" diameter red plastic cop marked LS 30462. e — No monument found or sat. point.(A216_00016) - In access � f axial location 0 r xlmota coot 9 - Approximate ® - Approximate location of proposed occoes point. (API6-00015) South 1/4 Corner Section 15-1-67 Found No. 6 Reber (length unknown) with 2-1/2" diameter Aluminum Cap marked on shown. ct in his y n ee years er ou rst ver le ACCaraing to no event may dcny acraw tin basedc09, upon-ncu cagy ony duectgal in this on based survey beucommen coon ony mmenced than ten a)eor'sh1(rainr the dote of t he certification oshown h hereon. PLAT NOTES: 1) Afl or the z district rIn�which d or existing propertY s located. Pureanti to h the e minimum definitionofsetback setback in s the Weld et aCou County ments 1Code, the a required setback is measured from the future right-of-way line. eNo building or structure as defined and limited to those occupancies listed as Groups A, B, E. F, H, I, kU and R in Section 302.1 of the 2012 Intemalionol Building Code, shall be constructed within o 200 -foot radius of any tank battery or within o 150 -foot radius of any wellhead or within a iwenty-Ova-foot radius of ony plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot rodiuo of any wellhead oholl require a wricnce from the terms of this Chapter In accordance with Subsection 23-6-10.0 of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lots A, B and C ore not eligeelo for a future land exemption In accordance with Section 24-8-20.0.3 of the Weld County Code 4) The largest lot of any Recorded Exemption may not so less than thirty-five (35) acres net unless approved by the Wald County Board of Commissioners In accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have on adequate water supply of sufficient quality, quantity and dependability. 7) Potential purchasers should be aware that Lots A. B. C and I) may not be eligible for o domestic well permit which allows for outside Irrigation and/or the watering of stock animals. The State Division of Water Resources issues oil well permits. Potential purchasers should be aware that groundwater may not meet oil drinking water standards as defined by the Colorado Department of Public Heath and Environment The Weld County Department of Public Health onEnvironment strongly encourages well users to test their drinking voter prior to consumption and poriodlcolly thereafter. 9) 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 Stole Division of Water Resources issues oil well permits. 10) Should noxious weeds exist- on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter '5, Articles I and II, of the Weld County Code. 11) The historical flow patterns and runoff amounts *Ili be maintained on the alto. 12) 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 29-3-20.0.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be reed with the Planning Deportment and on electrical and/or plumbing permit Ie required for any electrical service to the building or water for watering or washing of livestock or poultry. 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 14) Building Permits issued on the proposed lots, win be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 15) Potential Purchasers are hereby notified that o tree -trimming business and storage of vehicles is permitted by USR-1482 end Is located west of and adjacent to Ina proposed Recorded Exemption, specifically, approxirnotrey 0.05 miles north of County Road 8 and west of and adjacent to County Road 19. off -site impacts that may be encountered include noise and dust from equipment and other nuisances. 18) Potential Purchasers are hereby notified that a dairy is permitted by SUP -327 and Is located south of and adjacent to the proposed Recorded Exemption; specifically, south of and adjacent to County Rood B and opprosmnatety 0.1 miles west of County Rood 19 17) Patentlol Purchasers ore hereby notified that a mineral resource development facility is permitted by AMUSRII-0021 and to located north of the proposed Recorded Exemption; specifically, south of and adjacent to County Rood 10 and east of and adjacent to County Road 19. Off -site Impacts that may be encountered Include noise and dust from equipment, trucks and other nuisances. 18) RIGHT TO EXTRACT MINERAL RESOURCES STAlEtAENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, ol, natural gos, and cool. Under title 34 of the Colorado Revised Statutes, minerals ore vital resources because (a) the state's commercial mineral deposits ore essential to the states economy, (b) the populous counties of the state face a critical shortage of such deplan, sucheits: and dep site and cause such the (ts least prld be acticable extracted dl disruption of according tato o rational ecology and quality of calculated of ttheavoid zensloof of the populous counties of the state. 'Aintree resource locations ere widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often limes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 19) WE'D COUNTY'S RIGHT TO FARM: Weld County Is one of the mast productive agricultural counties in the United States, typically ranking In the top tan counties in the country in total market value of ogriculturai products sold. The rural areas of Weld County may be open and spacious, but they ore intensively used for agriculture. Persons moving Into a rural area must recognize and accept there ore drawbacks, Including conflicts with long—standing agricultural practices and a lower level of services then In town. Along with the drawbacks come the Incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lock of city noise and congestion, and the rural atmosphere and way of ilia. Without neighboring forme, 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 roods; 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 nuisonco wildlife; and the use of pestiddos and fertilizers In the fields. including the use of aerial spraying. It Is common practice for agricultural producers to utilize on 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 ossocfoted with agricultural production. Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume tnot 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 o land area of approximately four thousand (4,000) square ales in size (twice the size of the State of Delaware) with mare than three thousand seven hundred (3.700) mites of elate and County roods outside of municipalities. The sheer magnitude of the area to be served stretches ova rebit resources. Low enforcement he based on responses to complaints more than on patrols of the County, and the distances which must be traveled moy delay nil emergency responses. including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must 'cove thole 'jabs and famines to respond to emergencies. County growl roads, no matter how often they ore bladed, will not provide the soma kind of surface expected tram a paved road. Snow removal priorities mean that roods from subdivisions to arteriole ot n n may not be cleared for several days after a major snowstorm. Services In rural areas, In many cases, bo equivalent to municipal services. Rural dwellers must, by neceeeity, bo more eeif—euffiolent than urban dwellers. People are exposed to different hazard]) in the County than In on urban or suburban setting. Farm equipment and all field equipment. pond/ and irrigation ditches, eectricol power for pumps and canter pivot operations, high speed traffic, sand burs, puncture vines, territorial form 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 former's livelihood. 6) SURVEYOR'S CERTIFICATE: I, Steven John Stencel, a Reglaterod Profersslonal survey represented by this plot was made under representation thereof. I further certify that the and laws of the State of Colorado, State Board Surveyors, end Wald County. FOR AND ON BEHALF OF: INTERMILL LAND SUR'QE'ING, INC. 1301 N. Cleveland Ave. Loveland, CO 80537 970-089-0518 Steven John Stoncel Cabo. LS 30462 Dote: the hereby ceri} that Colorado, do olo ad Land Surveyor in the State of C Y my personal supervision, and that this plot is an accurate survey and this plat complies with all applicable rules, regulations of Registration far Professional Engineers and Professional Land C N n 7 b e' I on Cs V m q on W mor F- a) �s de. 8 J 3 RECX15-0165 a$ 60 z- O hU, 0 a� d a 111 w of ow Wtt I2 o 0 Uo rr Gcr I DRAWN BY: TSC CHECKED BY: APPROVED BY: DATE: 6-23-2016 SCALE: 1" - 200' PROJECT NO.: P-15-7987 SHEET OF 1 1 NORTH STAR FARMS, LLC RECORDED EXEMPTION NO. 1469-15-03 RECX15-0165 (C.311_,CAS :.1,A ) AP16-00016 6-- 0001 6 E! 6 L a` ou AiNnoO 012M to W � C!) O o r. -s � C.a oChi Chi Ph Set No. 4 Rebar (16" long) with 1" diameter red plastic cap marked LS 30462 at 30.00' on County Road Right of Way. N.) —30' 30' 4 w Set No. 4 Rebar (16" long) with 1" diameter red plastic cop marked LS 30462 at 30.00' on County Road Right of Way. 200' Oil/Gas Tank Battery setback — 150' Oil/Gas Well setback 40' Future County Road Right of Way. _,__......1 60' County Road Right of Way as per Book 15 at Page, 41, dated 9-9-191'§, r\ P 1 i_ -000 1 \J (FL:IFS) 357.22' Lot A 3.47± acres (gross) 2.96± acres (net) 382.51 osi Nei n 0 0 z 687.3.4' 986.74' 299.76' 30.00' N Ni o) Lot B os M • 2.71 ± acres (gross) w kto 2.50+ acres (net) N) 299.76' WELD COUNTY ROAD 8 Southwest Corner Section 15-1-67 Found No. 6 Rebar (length unknown) with 3-1/4" diameter Aluminum Cap in Range Box marked as shown. 0 z 30' Access and Utility Easement for the benefit of Lot A, B,Cand Dof RECX15-0165. (shaded) 299.76' a, LotO a EN 2.71 ± acres (gross) " 2.50+ acres (net) to ED 299.76' 0 0 aro tr) o. 0 z EXHIBIT C a) Ni ro 0 0 z f N89`48'19"E _ N 39 '48'19" E. Set No. 4 Rebar (16" long) with 1" diameter red plastic cap marked LS 30452 at 30.00' on County Rood Right of Way. Sc wi cc 3C Ri Esthi(o4b n. . -rri •*{.i+ r.: ;..... s r..61.atis •ua.r.+-crs -`;- `' Option 1 (original request) * Option 2 (for alignment) A Un-permitted access locations • AG access • Residential access Oil & gas access J A • • • Option 1 (original request) Option 2 (for alignment) Un-permitted access locations AG access Residential access Oil & gas access CR 19 Wohnrade Civil Engineers, Info February 14, 2018 Weld County Board of Commissioners 1150 0 Street Greeley, Colorado 80631 Subject: Appeal for Denial from Weld County Public Works Department New CR 8 Access at 9105 CR 8, Fort Lupton, Colorado Dear Members of the Board: Wohnrade Civil Engineers, Inc. has been authorized to represent the Homes For Our Troops organization in the subject matter. This letter serves to document an appeal to a decision made by the Weld County Public Works Department on Thursday, February 8, 2018. Homes For Our Troops (HFOT) is a privately funded 501 (c) (3) non-profit organization that builds and donates specially adapted custom homes nationwide for our severely injured post 9/11 Veterans, to enable them to rebuild their lives. Most of these Veterans have sustained injuries including multiple limb amputations, partial or full paralysis, and/or severe traumatic brain injury (TBI). These homes restore some of the freedom and independence our Veterans sacrificed while defending our country, and enable them to focus on their family, recovery, and rebuilding their lives. HFOT builds homes where the Veteran chooses to live, continues its relationship with the Veteran subsequent to home delivery, and assists them with rebuilding their lives. In following with this, Homes For Our Troops is currently working with a Veteran that would like to live in Fort Lupton and we have a vacant piece of land under agreement identified as Lot C of RE No. 1469-15-03 RECX15-0165 (Property) and located at 9105 CR8 in Fort Lupton, Colorado. It is the position of HFOT that the Seller of Lot C neglected to properly develop and disclose a Driveway Access/Maintenance Agreement (Agreement) to the buyers of Lots A -C of RECX15-0165. This resulted in the refusal to participate in the Agreement by the owners of Lot A, which leaves an increased financial burden for road maintenance to the owners of Lots B and C. HFOT does not wish to place an increased financial responsibility for road maintenance on the shoulders of a severely disabled veteran. Lot C is also contiguous to CR 8, which is a potential access point, and would alleviate any long-term financial obligation on the disabled veteran. The following is a chronology of events that have culminated in this appeal. Representatives from the HFOT organization first began discussions with the Seller and secured an agreement to purchase the property on June 28, 2017. At that time, there was no discussion or documentation with reference to a common access from Weld County Road 19 to serve Lots A - C of RECX15- 0165 (See attached Exhibit A). Homes For Our Troops employed the services of Wohnrade Civil Engineers, Inc. (WCE) on August 22, 2017 to provide civil engineering site design services. WCE prepared a preliminary site plan for review and approval by HFOT on August 29, 2017. HFOT first learned of the shared access upon receiving the preliminary site plan from WCE (See attached Exhibit B). Upon learning about the shared access, HFOT requested a copy of the Driveway Access/Maintenance Agreement (Agreement) from the Seller. The Seller had no written Agreement in place. HFOT requested that the Seller prepare an Agreement prior to moving forward with the purchase of the Property. This request 11582 Colony Row, Broomfield, Colorado 80021 Phone: 720-259-0965 Fax: 720-259-1519 Appeal for Denial 9105 CR8, Fort Lupton, Colorado February 14, 2018 Wohnrade Civil Engineers, Inc. was made on September 9, 2017. An Agreement was drafted with input from both the Seller and HFOT, and was finalized on October 23, 2017. During the period from September 9 through October 23, 2017, HFOT requested that the Seller confirm the participation of the owners of Lot A, who would be a party of the Agreement. On October 24, 2017, HFOT learned that the owners of Lot A refused to sign the Agreement, on the grounds that the Agreement had not been disclosed to them when purchasing the property, and they were under no obligation to participate. HFOT began discussions with the Weld County Department of Public Works to request access to the property off of CR 8, rather than the shared access from CR 19. An Access Permit Application was prepared by WCE, and submitted to Weld County Public Works on December 11, 2017. The Public Works Department requested that the proposed driveway access from the Property, align with an existing residential access on CR 8. As per the recommendation of Public Works Department, the proposed access location to Lot C was aligned with the existing access on the south side of CR 8. The revised site plan was then resubmitted to Morgan Gabbert in the Public Works Department on January 12, 2018 (See attached Exhibit C). Cheryl Peterson and Mike Cogliano of HFOT received an email from Morgan Gabbert on February 8, 2018 informing them that the Public Works Department had denied their request for access to CR 8, due to the existing shared access from CR 19, which had been previously approved by the Weld County Board of County Commissioners. The Homes For Our Troops organization wishes to avoid imposing a long-term financial obligation on a severely disabled veteran, which is inconsistent with their mission statement. There is a viable, alternative access from Weld County Road 8, which would meet current Weld County design criteria. We request that the Board of County Commissioners consider the unique circumstances documented in this appeal letter, and grant our request for access to Lot C from Weld County Road 8. Sincerely, WOHNRADE CIVIL ENGINEERS, INC. kloodel Mary B. Wohnrade, PE Principal Engineer Registered Engineer, CO, NV, WY 11582 Colony Row, Broomfield, Colorado 80021 Phone: 720-259-0965 Fax: 720-259-1519 4217552 Pages: 1. of 1 D7raer2esa 84:19 to R roe:stt.00 Lr. iv R sa Clark c-4 asrjn'Cer Mesa e.$a a-,i t. are ess-- l;ilN?aF Tf +l �d1�l�Y+'rlthLi4Nt��ifll'tvaY'Y�d,flUI c, 0 8 cr @ 5 8 2 vNf. E)Ia 1" 20150 TIN R67rr S16 S15 East 1/4 Corner Section 15-1-67 Fa:aid-fro. 6'Rcba- (length unknown) with 2-1/2` dlarnetve Aluminum Cop marked as shown. c-C>d 2015 Cod 0 1'N R6TA' s6 SIB S15 / 4S 382, .. WELD COUNTY ROAO 10 (AL of N p ROAD 8 n MID COUNTY ROAD 21 !1Zl DIED CX MPTBCDIN Ha 146°nil543 Ti E©x 11s0©1165 VICINITY MAP Scale - 1 ^ = 2000' :r0ou2•ea'w i323041i:) S89'54'05'w 1330.49'(}!) 589'54'05"Y/ 1000.20'(M) zO'52'4env ioa:3i'ts) Lot A of RE -3291 Tar A PAPS) Lot B of RE -3291 tear APART; Found 1/2- Reber (length unknown) with olorninum cop morreed LS 9644. 4.33' Scott and D.09' North of Set —\ pin (LS 30462). \ Lot A of RE -4948 Nt3T APART, Lot B of RE -4948 SCCiallet _ 7,3e (R.: 5001)3'14"E erOF A PART) -70 fin O 0O UO dpo NU fA nPh 'O n V Lot C ot RE -49.8 tic) r -71.73•e) vat ANan South 1/16 Corner I S5y.;_;4z..,.. 58500'(R) Section 15-1-67 I 1589'52'418"W 585.OO1(M) Found No. 6 Reber (length unknown) with 2" diameter Aluminum Cop 1n Range Box marked os shown. (OILNAS) APxO-0001e 6l 4`VOa KLNnoo 019M EA O o 4 t f d rise _ C '-r- 40• Future County Rood mri —�1 Imo- Right of Way. ...-/ 1 60' County Rood Right of W'oy as per II II A PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. LINE LEGEND 329 8.3'(R) 589'52'48'W 33O.291(M) 589`54'O5" W • Bounrary Line / Lot Line. " Sactkn Line. ▪ Right of Way L Lner. e Easement Une. Center West 1/16 Corner Section 15-1-67 Found No. 6 Reber (length unknown) with 2-1/2" dire:tor A'uminurn Ccp marked as shorn. 51952'48"w S89'51'48"W PROPERTY DESCRIPTION: Lot U of Recorded Exemption Na 1469-15-03 RE -4948. striate In tints Southwest Quarter of Section 15. Tovrmhlp 1 North, Range 67 West of the 6th Pen:tpa Meridian. County of We'd, State of Ca'arado. 1329.83•(R) 1329.58'(M) Found /2' Roocr f (length unknowns) with c'umrum cop narked LS 9644 If) vin 0 g;:3. 4 ti I L 0 at ,p. n r rut o o 0 04 415.00'(R) 589'52'4^ 'A' 415.22'(M) S89'52'48"W Found I/2- Rebcr (loneth unknoen) with a:umbum cots rnorked .."—LS 9644 4.43' Eon and �" 5.D9' North of Set pun ▪ (IS 30462), 15' Joint Accost and Welty Co emend fee diES) 1 the benefit of Lots C and D'of RE -4948 AP46-004)16 (row known as Lot 0 of RLCX15-0161, corku!turd end ditch oe per Retool(» No. 3664581 doted 12-11-2009. (shaded) Set No. 4 Retar (18' long) with 1" dlemotor red plastic cop rnorked (S 30462 at 30.00' or: County Rood Right of Woy. 200 VII/Cos Teti, 9attooy settsock...i� r x^ Sat No. 4 Rebor I, (1 E` long) with 1' dometer red plaatic cup marked LS —I 30462 at 30.00' on County Rood Right of Noy. J Tin !MTh S16 I 51.5 521 I 522 2007 $ 7.5155' ( to I Boca, 15 of Page, tt, doted 9-g-1915. e; API0-00016 (to be vacateYJj r-- 150' O:!/Cos Well solbod; 30' Access and UtlIty Eusernent for the benefit of Lot (SEE) r A. B. C and D of AP16-000$0 RECX15-0165. K89'48'191 6e?.3i{✓ - f (leaded) wyi+K'.4'1* wsMeC,r�. .'.,`aaU.r�a.tiy 357.22' N 299.70' 30.031--1 299.78 LotA a' LotS LOW 3.47A acron (Grad! to 2is 2.71- menu (croon) )„rri 2.71e scree (amsus} NjI w 2.96, flares mall Cl") 2.50. eats (non n n 2.50+ acres Viet) A M M I, 38L5 Southwest Corner Section 15-1-6? Found No. G Rebor (length unknown) with 3-1/4" diomotar Aluminum Cop Rar,ge Box marked os shown. 299.76 poi>7 of 150' Piyeine Wet of Woy oar pee Recwtion lie. 1RS923d dated 4/11/2012. rand 1/2' Reber (length unknown) warn atumnum cop marked LS 9644 Lot D 125.92± acres (gross) 124.18= acres (net) I I i F• 4) 1 I 150' Oil/Cas N89'48'19"E tts.9.46'19"C Sot No. 4 Reber (16" long) with 1" telemeter red plastic cop marked LS 30462 at 30.00' en County Rood Right of Way. Sot Ho. 4 Rotor (16' long) with 1' diameter' rod pIostic cap morkod LS 30462 at 30.00' on County Rood Right of Way. 30' Wet setback 150' OT /Gas Well eetb0os (011_,GA8) AP10-00010 1681,47-- 2663.50I(M) 30' 2663.25'(R) Drl/lds Well setbc*. 60' County Rood Right of Way as par Book 2 at Page i 382, dated 4-5-1881. (Ael N'16-00016 E1i61 o ,)+ Mk TER tt N 515 IX t) 15 / x8 \25es / Center 1/4 Corner 7 Section 15-1-57 Found No. 6 Reber (length unknown) with 3-1/4" diameter Aluminum Cop married as shorn. N cn 0)o i \set WELD COUNTY ROAD 8 f I is 4 22 1903 28656 My commission expires: PROPERTY OWNER'S CERTIFICATE: NORTH WEST Sound EAST 'CC HORIZONTAL SCALE :1" = 200' STATEMENT OF UNEAR UNITS USED: Unecr Unite Quad for this survey — U.S. Survey Foot We, the undersigned, being the sole owners in fee of the above doea.'tbed propo,ty, do hereby ststdi,,ido the some are shown on the att0dlod mop. We understand this property Is located !n the Agrculturo Zone District and is also Intended to pradde oreos for the conduct of other uses by right, cccceasary uses, and uses by spacial tontine. North Star Forms, LLC Roy N. Enter State of Colorado County of AsManager The foregoing instrument was ecknowlodged before mo thin Q-! day of H0 2020 Altnass m Hard and Ofrtc Notary Public - EASEMENT CERTIFICATE; ame ALLYMON ROM NOTARY puauc STATE OF COLORADO NOTARY 10 2004400494 my COt1Mssi0N EXAM 6.1R2020 204_6 I (We), the undersigned, do hereby dedicate for the benefit of the property shown or descbed hereon, eosomerte for the purposes sharer or daacribod hereon. / North Star Forms, LLC By. qty' N. Enter As Manager CERTIFICATE OF APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS: This plat in accepted and approved by tho Dotard of County Commisseeters of Weld County, State of Colorado Witness my hand and the corporate seal or Weld County this V drinay al �4 'lt , 2014 11 µ� Choir, Board of County Commissioners AITES I: ya vim' - (�_ 1 Weld Countye�erirk�t000 the v n�ia By; Deputy Clerk��C -i to s Board Oco/m9 / leo Dote: GENERAL NOTES: 1. Boob of Bearings The South line of the Southwest Quarter of Section 15, Township 1 North, Rongo 87 West is asaimeed to bear North 89'48'19" East, monumentatlon of gold line as shown hereev,. 2. Qo - Set No. 4 reber (16" long) with 1' diameter red plastic cop marked 1S 30452- S - No morumont found or set. ® e Appeoximote locattoo of existing access ootnt. (AP1G-00016) ® o Approximate location of proposed cccese polsit. (AP18-00010) South 1/4 Corner Section 15-1-67 Found no. 6 Reber (length unknown) vdth 2-1/2' diamctor Aluminum Cop marked as shown. According to Colorado tow you must commence any legs: oalico basal upon any detect o this survey within three wort; olive you feet discover tooth defoct. In no swot. may any action based upon any defoct n this survey be commenced more than ten ye.:ro from the dole of (fie cnrtitieotinn echown hereon. PLAT NOTES: 1) All proposed or existing ,Luctwres eat or do meet the minimum setback did offset requirements for the zone district in which the property to toasted Pursuant to the definition of setback tc the Wed County Code, tho requkod setback is measured from the future right-of-way tine. allo bullatng or structure co defined and ignited to those occupancies listed os Groups A, 8, E, F, H, I, M dad R in set:on 302.1 of the 2012 international Building Code shall be constructed wlthin a 200 -foot roonie of any tank battery or within to 150 -loot radius of any weiheod Or within a twenty -five-foot radius of any plugged or abandoned o9 and gas welt Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot radius of any ws9hsod shall require o variance from the terms of this Chopter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or use, on site must obtain the appropriate zoning and building permit& 3) tote A, 9 end C ore not eitijb!o (or a future land exemption In accordance with Section 24-8-200.3 of the Wtd County Cade 4) The largest lot of any Recorded Exemption may net be less than tnirty-five (35) acres net unites cpproved by the Weld County Board of Commissionern in accordance with Section 24 -B -40.P. of the Weld County Code. Prior to the reitase of buieng permits, the applicant shall submit a recorded dead describing the Lot Wan '.!Hen the bwed'4ig permit is requested wlth the !wading permit opplicalionc. The legal description on ouch deed shall include the Lot dscgnatiw, cad Recorded Exemption number. Prior to the relocet of building permits, the applicant ,hca subnit riddance to the Deportment of Pionning Senfoee that Lots A. 8. C end 0 have on adequate water tu)ply cc sufficient quality, quantity one dependob3ity. Potential purchasers should be aware that Lots A. B. C and 0 may not be eligible for a domestic weft permit vtve•, Wows for oulelda Irrigation end/or the watering of stock antrnale. The State Dlvle4on of Water Reoourcea osues oil well permits. Potential purchasers should be aware that groundwater may not meet all drinking water elendarao us defined by the Colorado Deportment of Pubic Health aid EmironrnenL The Weld County Deportment of Public )bath and Ps 4ronmsnt strongly encourages welt user, to test their drinking water orfar to consumption and paiodlcally thereafter. Potential purchasers should be aware that oppro.'c of this Recorded Exemption does not gucrantce that well per nits will be issued for the lots. Any lot rnoy be deemed non -buildable if the lot owner In unable to obtain a well parrnit. The Stole Division of Witter Resources issues ail well permits. 10) Should noxious seed; exst on the property, or become osteblisned as a result of the proposed development, the applicant/landowner sho!i be respanstbfo for controlling lino noxious wends, pursuant to (3hcdtter 15, Articles I and II, of the Wek! County Code. 11) The historical now patterns and runoff amounts w91 bo maintained on the site. 12) Building permit, than be obtained prior to the construction of any building. Guildhas that meet the definition of an Ag Exempt Ouldung per the rncuiremnnls of Section 29-1--20 and Section 29-3-20,8.13 of the Weld County Code do not need buuding permits, however, o Certificate of Compliance must be Red with the Planning Deportment and an electrical and/er plumbing permit 13 requited for any electrical service to the ouilOing or water for watering or washing of livestock Or poultry 13) Building Permits issued on the proposed lots Wel be rebuked to adhere to the fee structure of the County-Wde Rood Impact Fee Program. 14) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County ForM,ty Fee and Drainage Impact Fee Programs. 15) Pc:bonito! Purchasers are hereby notified that a tree -trimming business end storage of vehicles is permitted by USq-1482 end to located west of and odja--sot to the proposed Recorded Exemption, specifically, approximately 0.05 mires north of County Rood 8 and wee: of and adjacent to County Rocd 19. Off —she Impacts that may be encountered include noise and dust from equipment and other nuisance*. 16) Potential Porthoecre ore hereby r,otiFd that o dairy Is permitted by SUP -327 and Is located south of and adpeuent to tie proposed Recorded Exemption: epecificaiy, south of and odpcent to County Rood 8 and epprorimotely 0.1 miles west of County Rood 19 17) Potential Purchasers ore hereby notified that a mineral resource development facility Is permitted by JJ4USR11—OO21 and Is located north of the proposed Recorded Exemption: specifcody, tooth of and adjacent to County Rood 10 and east of and adjacent to County Rood 19. Off —silo impacts that may be encountered include novae and dust from equipment, trudta aid other nuisances. t0) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Wald County hos same of too most obundont mineral resource,, including, out not limited to, toad and gravel, oil, natural gas, and cool. Unto, title 34 of the Ddorodo Revised Statutes. minerals are vital resources bocouse (a) the state's commercial mineral deposits ere essential to the states economy, (b) the populous counties of the state face a crittcol shortage of such deposits; and (c) web deposits ehouid be oxtracted according to o rational plan, cokulotc7 to ovoid westo of suer deposits and cause the least practicable disruption of the ecology and quality of file of the citizens of the populous counties of the state. Wheral resource locations ore widespread throughout the County ord person moving into these areas must recognize the various impacts associated with this dewiopment. Often times, mineral resource sites ore fixed to theirr geographical ale gaophwltat locations, Noraover, these resource, ore protected property rights end minaret owners "hoed be afforded the opportunity to extract the mineral resource. 19) Y,tU) COUNTY'S RIC,HT TO FARM: Weld County Si are of the most productive ogHwltura counties h the United States, typplcesy ranking In the top ten counties in the country in total mantel value of agricultural producte sod. The rural areas of Weld County may be open and spacious• but they ore Intensively used for e rlcutture. Parsons :roving Into a rind area must recognize and accept there are drawbacks, Including conflicts with long -slant ng agricultural practice, and o tower level of services than in town, Along with the d•oebocks scene the incentive's which attract urban dwells-: to relocate to rural areas: open views, apeciooetwoo, w'ddtifo, look of city noise and congestion, end the rural atmosphere end way of life. Without ncfgkboring (arena. !hoe features which attract urban dwellers to rural Wad Caddy would quickly be gone forever. 5) 8) 7) 8) 9) Agricultural users at the land should not be expected to change their tong -established agricultural practices to accommodate the botrusions of urban users into a rural area. Well -run agricultural octivItlea t'af generate off -site impacts, including noleo from tractors and equipment; slow-n,oJ,n; foie vchkies on curet roads; twat Iron animal pons, field work. harvest and grovel roods; odor from animal ccnflnement, siege and manure; smoke from ditch burning; tits and mosquitoes; hunting and tapping activitkat uhooting sports, legal having of nuisance wildlife: and the um; of pesticides and fertilizer: in the fields, including the use of serial spraying. It Is common proctico for agricultural producers to utiizo an occumu'aliun of euriwllural machinery and applies to assist n then agriculture! aperctiona. A concentration of nlsceiloneous ogdculturd materials often produces a visaal disparity between rural and urbon area, of the County. Section 35-3,5-102, C.R.S„ provides that on agricultural operation shall not be found to be o public or private nuisance If the agricultural operation alleged to be o nuisance employs methods or practices thct ore commonly or reasonably associated with agrinuihirot production. Water hop been, and continuos to be, the lifeline for the ogricuiturol community. It le unredtatic to assume that ditches end reservoir, may *Imply be moved "out of the way' of residential duvelopaicoL then moing to the County, property owners and residents must realize they cannot take water from Irrigation ditches. ioi3Os, or other structures, Unless they how on odpdkoted right to the water. Weld County Govan o lord area of approximately four tho-wand (4,000) square miles In site (twice the site of the State of Delaware) with mare than three thousand saran hundred (3,700) mies of state cnd County toads outside al municipalities. The sheer magnitude of the 'sea to be served stretches aw2ablo resources. Law enforcement Is based an responses to carnpfohts more than on patrols of the County, one the distances which must be travteiaC moy delay all emergency responses, including law enforcement, ambulance, and Ere. Fire protection fa usuogy preeWedby vduntaore who must leave their jobs and families to respond to emergencies County gravel roods, no matter how often they are bladed. wet not provide the soma kind of surface expected from n paved rood. Snow rc:novcl prioritiao moon that roods from subdivisions to arteriole may not be cleared for sorer -al days otter o mopr enowvlorm. Services in rural aroos, in many eases, waf not be equivalent to municipal eervtces. Rural dwellers must, by necessity, be mama oolf—,ufilciont than urban dwellers. People ore exposed to different hazards In Lie County than in on urban or suburban setting. Fawn equipment end a1 field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic. send bun. puncture Vacs, territorial fa -m dogs and livestock, and open burning pros nt fool throat.. Controlling children's activities Is important, not only for their safety, but also for the protection of the fanner', Rvalbcod. SURVEYOR'S CERTIFICATE: I, Steven John Stencel, a Regiutered Profeselonol Lend Surveyor in the State of Colorado, do hereby certify that the ourvoy represented by thin plot woo made under my porewwl supervision, and that this plot is on accurate representation thereof. I further certify that the wavey and this plot compile, with oil oppllcotle rules, revolution, and laws of the Stale of Colorado, State Board of Registration for Frcfeusicna! Engineers and Professional Land 5urveynrs, and Weld County. FOR MD ON BEHALF OF: INTERMIU. LAND SURVEYING, INC. 1301 IT Cleveland Aw. 'onia,d, CO 80537 970--659-0516 Steven Join Stencei Colo. LS 30462 Dote: b/Z31/to O reN cm e ON a nI Z O w acal v 2 CC Y/ A s Z. Q JJ J" 2 CC 6,Td F Z� North Star Farms, LLC C.\ 1PTION NO. 1460-15-03 RECX15--0165 z Diu C ?,z 8 a W W w w war W =� yy 0 7000 cW Cr O DRAWN BY: TSC CHECKED BY: APPROVED BY: DATE; 6-23-2016 SCALE: )` 44 200' PROJECT NO.: P-15-7987 SHEET cr 1 1 NORTH STAR FARMS, LLC RECORDED EXEMPTION NO. 1469-115-Q3 RECX15-0165 EXH 11 A 68ZJ4. TO EA3r ROW Of - WELD CO:WIY ROAD 19...._^.. WELD COUNTY ACCESS PY79A1# APIS-000/1 l ---+"_— r! ErrStRYr ht wciC acnt WTN GRAM szegrACE WORTH STAR 1ARAIS COT 9 RECXl8-0X65 7 J0' X'CE'SS ,WD UnUTY EASPIENT --- R25.00• swam' -'r•'� \ ra oft L _ HMCO' - t 15W ORilatAr A//0 PARKING ARL0 1HTH CRAM SURfACE 1 i 1 kgI ( 1 1 I 1 1 PRO-12SCO 1t£Ct..:AD 82500. /,— Ride& • a .. a 4. • • R,aca9' iPROPERTY EhIC (Tt?) WPM STAY trAMTS :.Or O R£Cx15-0145 __-299.7E•- moo' ' PROPOSED /-STUN✓ RESML?£M14C ft/ /! -4/05 COUNTY lit2A/T 9 / / ,TINE='FJ4P ropy ELEYAr,JN ?1`117?r' /7 if :1 //7. --- PROPOSED CONC•Ra7E• APRON (26' x 20;1 2.[2. ?S' f NORTH STAR MASS LO7 C R£Cxl5-oitly 29076• WELD COUNTY ROAD 8 (60' tCow, r'.74' PROPOSED sNOM DAL SEWAdC Or5POSAI S)Y?at (SOS) .T0.00- 1 I 1 /WREN STAR mews for a RExx/s-G/Cs /50.00' //PETJI'(E RAZ'IT CM- WRY GENERAL 45,13A.121Na NOTE'S 1. SLOPE AIE*Y !AVM DOORWAYS AT A AAMAd f GRADE OP 2S' TOR PIE F7RST 5 TE£T (FYI) 2. SLOPE SIPEWACNS A APMWM or 2.01 AWAY 1mw 7H£ 9UXOING J[ ALL FNNOYCAP ACCESSAOLC ROUTES, ANO PARMAS ANC PASSEM7.CR L0405NNS ZONES 7O HC CaUPLIvN7 WITH C I&RETT% ; y;M STANASNds TON ACCESS'S" OE'S'CN. A. ME 7Lw,OGPAPHrC SURVEY MS SEEN RROML V EY OTI RS WaNNRw CFA ENCINEE $ iM:. ASSWJTt NO r srrAS41ffY FtW I•ERifYFF0C THE ACCURACY O% 7/e: OttPORUATI N. LEGEND: -- loin RCP SrP.M—• txs$F/NC swam soWEb g••— t iin Ri? sums-- EASnNC STORM SEWER AWN War --lain RCP STRIA-- PRO/POMP STORY SEWER OP CULVERT 1�-•-- Iran RcP STRM---• /N.anOSED STORA, WJ* ? AI/N IACCT ae 5020 EXSING CON1O„W 20 PROPOSED COWioc'R PROJECT 9CCWDWY „4650.00 ExSRNG SPOT nag P N fi1-r+' , " 00 PROPOSED .SPOT az-U 20 0 10 !0 60 rrt _ _-ws-r,•1s-wii+•�iiiL 1 eiei:� _ . /' sneer/ EXHIBIT B � ' 1 111y..ne9,- SITE PLAN WOHNRAOECIVIL ENGINEERS. INC. Mt MOW (W F££i) 1 687.34' TO EAST ROW OF WELD COUN/Y ROAD 79 EXISTING PRIVATE DRIVE WITH GRAVEL SURFACE WELD COUNTY ACCESS PERM/T AP/ 6-00076 NORTH STAR FARMS LOT S RECX75-0165 r 7 -Project: HFT- 7716.00 Date: 01/15/17 Scale: 1'1=60' Designed By: �A/ew h I I NORTH STAR FARMS LOT D RECX75-0765 30' ACCESS AND UTILITY EASEMENT 299.76' NORTH STAR FARMS LOT C RECX 15- 0165 PROPOSED INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISOS) PROPOSED WELLHEAD 99.37' PROPOSED CONCRETE APRON (26' X 202 //////, I////////////, 1 PROPOSED 7 -STORY RES/DENT/AL / 9105 COUNTY ROAD 8 100.0' T v / ••' 4-•, i 20' R WELD COUNTY ROAD 8 (60' Raw) 290.757— PROPERTY LINE (TYP) 9105 CR 8 BUILDING PERMIT A CCE5'S PERMIT SITE PL A 775.83' NORTH STAR FARMS LOT D RECX 15— 0165 Let_750.00' PIPELINE RIGHT OF WAY 15'W DRIVEWAY AND PARK//VG AREA WITH GRAVEL SURFACE 15.00' 20'R ` 30.00 R.O.W. EXISTING ACCESS EXHIBIT WOHNRADE CIVIL ENGINEERS, /NC - 11582 Colony Row Broomfield, Colorado, 80021 Phone: (720)259-0965, Fax: (720)259-1519 I 1 Sheet 1 Sheet} Hello