HomeMy WebLinkAbout20091037HEARING CERTIFICATION
DOCKET NO. 2009-32
RE: PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY
ROAD 22, AKA SABLE AVENUE, (FIRESTONE EIGHTH (8TH) ANNEXATION TO THE
TOWN OF FIRESTONE AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
A public hearing was conducted on April 29, 2009, at 9:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Elizabeth Strong
County Attorney, Bruce Barker
Public Works representative, Dave Bauer
The following business was transacted:
I hereby certify that pursuant to a notice dated April 10, 2009, and duly published April 17, 2009,
in the Greeley Tribune, a public hearing was conducted on April 29, 2009, to consider a Petition
and Agreement for Annexation of a Portion of County Road 22, aka Sable Avenue, (Firestone
Eighth (8th) Annexation) to the Town of Firestone. Bruce Barker, County Attorney, made this a
matter of record.
Dave Bauer, Department of Public Works, stated the Town of Firestone annexed a one -mile
section of County Road 22; however, a 20 -foot strip on the south edge of the road was
inadvertently left out of the annexation. Mr. Bauer stated the Town of Firestone requested that the
County petition the Town to annex the 20 -foot strip of roadway, so it may bring the road up to
collector status in the future. In response to Commissioner Rademacher, Mr. Bauer stated the
Department of Public Work's position is that the County should allow the Town of Firestone to
annex the 20 -foot strip of roadway. Commissioner Kirkmeyer inquired as to the reason the 20 -foot
strip of roadway was not initially included in the roadway annexation.
Dave Lindsay, Engineer, Town of Firestone, stated the surveyor inadvertently missed the 20 -foot
strip of roadway. In response to Commissioner Kirkmeyer, Mr. Lindsay stated the Town and the
County had an intergovernmental agreement in place when the section of County Road 22 was
annexed by the Town of Firestone in 1995.
Harlon Cox, surrounding property owner, stated the 20 -foot strip contains a portion of his front yard;
therefore, he will lose a portion of his front yard and trees if the section is annexed.
Bruce Barker, County Attorney, stated the 20 -foot strip is currently an existing road right-of-way
belonging to Weld County, and although neither the Town nor the County has utilized it before,
whichever owns it has the right to do so. In response to Mr. Cox, Mr. Barker stated he does not
know the date it became a County road right-of-way; however, most the right-of-way in the area
2009-1037
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HEARING CERTIFICATION - PETITION AND AGREEMENT FOR ANNEXATION OF PORTION
OF COUNTY ROAD 22, AKA SABLE AVENUE (FIRESTONE EIGHTH (8TH ANNEXATION) TO
TOWN OF FIRESTONE
PAGE 2
was established in the early 1900s. He clarified the request before the Board today is for the
County to petition the Town to annex the 20 -foot strip of County Road 22, which was inadvertently
excluded from the previous annexation of the one -mile section of roadway by the Town of
Firestone, and the Town will have to determine how it will resolve the matters with the surrounding
property owners, if the annexation is approved. Commissioner Kirkmeyer clarified if the existing
road right-of-way is expanded, the Town will be obligated to compensate the surrounding property
owners; however, the right-of-way presently belongs to the County and it does not belong to the
surrounding property owners. In response to Mr. Cox, Commissioner Kirkmeyer stated she would
need to be able to examine a map in order to determine if the fence he installed in on his property
or the County's.
In response to Chair Garcia, Mr. Lindsay stated there are two matters to be addressed; the first is
that the right-of-way which is being considered for annexation by the Town, from the County,
already existed when the subdivision was platted because the developer conveyed 50 feet of
right-of-way to the County; however, a number of the lots along the section of roadway have made
improvements that encroach into the right-of-way. He stated it is not the intent of the Town of
Firestone to immediately tear out the improvements; however, it is existing public road right-of-way,
whether if belongs to the County or the Town. Mr. Lindsay stated the second matter involving the
area is there is a storm drainage construction project the Town is moving forward with at this time,
which will not affect Mr. Cox's property; however, it will affect three other property owners and the
Town has made arrangements with those property owners. He stated ultimately the Town will
require use of the road right-of-way and it will have to remove the items placed in it; however, it is
not necessary at this time because the present amount of traffic does not warrant all of the
proposed lanes yet. In response to Mr. Cox, Mr. Lindsay stated the Town has historically removed
trees and relocated fencing at the Town's expense in similar situations. He stated the Town has
even agreed to replace some trees for a family whose trees are being impacted by the storm
drainage construction; however, the family understands the Town is not obligated to replace the
trees. He stated the bottom line is that the right-of-way is public; however, the Town will strive to
work out any issues with surrounding land owners. In response to Chair Garcia, Mr. Lindsay
reiterated there are no immediate plans for expanding the roadway, and when the roadway requires
expansion, the Town may be able to make accommodations to avoid Mr. Cox's property, as it was
able to do for the drainage construction project.
Mr. Cox stated he wants to install a privacy fence to buffer noise from the road and to contain his
pet cats and he inquired if should do so. Chair Garcia recommended Mr. Cox work with the Town
of Firestone to determine where a fence could be installed. Commissioner Kirkmeyer stated the
subdivision is within the County's jurisdiction; therefore, the setback requirement will be established
by the County and will include whatever conditions may be on the plat, from the time the
subdivision was approved. She reiterated there is a right-of-way which was dedicated to the
County and Mr. Cox has placed trees and a fence in the right-of-way, and if Mr. Cox wishes to
install a new fence, she recommends consulting Weld County Planning staff to determine the
setback distance and the right-of-way boundary.
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HEARING CERTIFICATION - PETITION AND AGREEMENT FOR ANNEXATION OF PORTION
OF COUNTY ROAD 22, MA SABLE AVENUE (FIRESTONE EIGHTH (8TH ANNEXATION) TO
TOWN OF FIRESTONE
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Jacqueline Hatch, Department of Planning Services, stated there is no County setback; therefore,
Mr. Cox may install a fence directly along the right-of-way line.
In response to Commissioner Conway, Mr. Cox stated the fence was installed and the trees were
planted prior to when he moved in eight years ago. Commissioner Conway inquired as to if the
County accommodates landowners who knowingly place items in the right-of-way. Mr. Barker
stated the County provides compensation when future right-of-way is purchased from a landowner,
and when a Use by Special Review or Recorded Exemption is platted, a notation is placed on the
plat to warn people if they place items in the right-of-way they do so at their own risk; however, the
County does not compensate people for items placed in existing County right-of-way.
Heather August, surrounding property owner, inquired as to the definition of "near -term" and if
there is also right-of-way on the other side of the road she resides along. Ms. August indicated she
believed there was a 10 -foot right-of-way, and she made improvements ten feet away from the
roadway, based on that belief, and she was never told there is twenty feet of right-of-way. She
further stated she has never seen any maps or plats and she wants to see them. Ms. August
stated she planted trees and constructed a riding arena in the right-of-way; however, she was
unaware she was doing so at the time. Mr. Lindsay stated regarding the definition of "near -term",
or "short-term", he cannot give a time -frame because when the roadway is expanded will depend
upon the amount of traffic in the area. He stated the Town collects impact fees from residential
developments and assesses traffic to determine when improvements are necessary, and there are
presently two platted subdivisions to the west of Ms. August's property; however, no houses have
been built yet and he does not know when they will be. He further stated the Town is not taking
anybody's front yard; the public right-of-way has existed since the Buffalo Acres Subdivision was
platted in the late 1960s.
In response to Chair Garcia, Mr. Lindsay stated across the street from the August family, there are
two subdivisions that have been annexed by the Town of Firestone, and there is a conveyance for
50 feet of right-of-way.
Ms. August stated she has not seen a copy of the plat and does not believe the right-of-way
information was included with her deed information. Chair Garcia suggested that Ms. August
speak to a member of Planning staff to obtain a copy of the plat. Ms. August inquired if the
neighbors have been notified there is an equal amount of right-of-way preserved across the street.
Chair Garcia recommended that Ms. August follow up with Mr. Lindsay on the matter.
Commissioner Kirkmeyer clarified it is a right-of-way; not an easement, as Ms. August had
mistakenly referred to it several times throughout the meeting. She reiterated the right-of-way is
typically dedicated during the platting process, and she suggested that Ms. August speak to
Ms. Hatch to obtain a copy of the Buffalo Acres Plat. She stated the two subdivisions across the
street were approved by the Town of Firestone and the Town will be able to provide a copy of the
plat for those neighbors. Ms. August stated the neighbors she is referring to are not in those two
subdivisions; they are under County jurisdiction. Mr. Lindsay stated he is aware of the three lots
she is referring to, which are not in the Town of Firestone and he does not believe any right-of-way
was dedicated for those homes; therefore, if the Town ever needs to widen the roadway there, it
2009-1037
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HEARING CERTIFICATION - PETITION AND AGREEMENT FOR ANNEXATION OF PORTION
OF COUNTY ROAD 22, AKA SABLE AVENUE (FIRESTONE EIGHTH (8TH ANNEXATION) TO
TOWN OF FIRESTONE
PAGE 4
will need to approach those County residents to negotiate right-of-way acquisition for fair
compensation. In response to Ms. August, Commissioner Kirkmeyer clarified the County residents
will be offered compensation because there is no dedicated right-of-way. In response to
Ms. August, Chair Garcia clarified the Town of Firestone will not have to compensate her, nor
Mr. Cox, for the use of the public road right-of-way because it does not belong to them.
Commissioner Conway inquired as to the current traffic count on the roadway and what number
of vehicles will trigger an expansion of the roadway. Mr. Lindsay stated he does not have that
information with him; however, he will provide the information to the surrounding property owners,
and the widening of the road will likely occur in phases.
Commissioner Kirkmeyer moved to approve the Petition and Agreement for Annexation of a Portion
of County Road 22, aka Sable Avenue, (Firestone Eighth (8th) Annexation) to the Town of
Firestone and authorize Chair to sign all necessary documents. Commissioner Rademacher
seconded the motion. Commissioner Kirkmeyer clarified the only portion of roadway being
annexed is already dedicated public road right-of-way. There being no further discussion, the
hearing was completed at 10:06 a.m.
This Certification was approved on the 4th day of May, 2009.
APPROVED:
ATTEST:
Weld County Clerk to
BY:
Deputy Cler
BOARD OF CO
COMMISSIONERS
WEL cyN Y OLORADO
William F. Garcia, Chair
ougl s Radema her, Pro-Tem
Sep P. Conway
kmey
`-4-J E oty
David E. Long
2009-1037
EG0060
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