HomeMy WebLinkAbout20061721 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 26, 2006
TAPE #2006-23
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, June 26, 2006, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 21, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on June 20,2006,as follows: 1)Violation Hearings;and Hearings conducted on June 21,2006,
as follows: 1) USR#1548- David Rippe c/o Artistic Fire, LLC; and 2) USR#1551 -Great Western Oil and
Gas Company, LLC, c/o Crews and Zeren, LLC. Commissioner Masden seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Duane Lease,County resident,expressed his concerns regarding recent developments
within southern Weld County, specifically along the Interstate 25 and 76 corridors. In response to Chair
Geile, Bruce Barker, County Attorney, stated there are no provisions listed in the Weld County Code
regarding photographs being taken during a Board meeting, therefore, the request to take pictures was
granted. Mr. Lease stated the Board received a report of a commissioned study concerning the Mixed Use
Development District Plan. He stated the Board has not acknowledged the report,even though the report
calls for the Board to work together in mutual cooperation with surrounding municipalities. He further stated
the report calls for a rebuilding of trust and a return to mutual respect between the County and the
municipalities. Mr. Lease stated he has concerns with the Carma development, and the Pioneer
Communities development, since both of the developments were strongly opposed by surrounding
2006-1721
BC0016
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municipalities and the Planning Commission. In response to Mr. Barker, Chair Geile stated the
picture-taking has become a nuisance, therefore no more pictures will be allowed. Mr. Lease stated the
recent developments within the southern area of the County will be unfunded liabilities, they are not
collecting enough impact fees, and they do not have the tax base to support the construction of houses.
He stated the developments must be stopped,the decisions should not be carried forward,and the Board
should listen to expert opinions. He stated George Wallace,developer of the Denver Technological Center,
changed the face of the City of Denver, and he was successful because he hired and followed the
recommendations of experts. Mr. Lease clarified that he is exhorting the Board to listen to experts.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PRESENTATIONS:
2006 FLORENCE NIGHTINGALE AWARD FOR COLORADO - RUTH WEST: Chair Geile read the
certificate into the record, recognizing Ruth West as recipient of the 2006 Florence Nightingale Award for
Colorado. Commissioner Masden stated the award is very prestigious, and Ruth West has gone above
the call of duty. He further stated Ms. West brings excellence to the health care system, and the
Department of Public Health and Environment. Chair Geile stated he has pride for the way the Department
serves the citizens of the County.
COMMISSIONER COORDINATOR REPORTS There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,302,178.62
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Frank Hempen,Jr., Department of Public Works, stated the Department requests approval,
in accordance with the Colorado Weed Management Act and the Weld County Code,to enter private lands
to control noxious weeds. He stated a majority of the property owners work with Department staff to resolve
the weed problems. Commissioner Masden moved to approve said entry. The motion was seconded by
Commissioner Long. In response to Commissioner Jerke, Mr. Hempen stated cooperation with the
managers of public entities has been positive; however,tenants of property owners need to work through
the process and take care of the weeds within a timely manner. There being no further discussion, the
motion carried unanimously.
CONSIDER FORM OF LETTER OF ASSIGNMENT/CONSENT TO ASSIGNMENT AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated the format of a Nonexclusive License Agreement requires that upon
sale of the property, the owner must obtain a new agreement, or the old agreement must be reassigned
in order to extend an easement or right-of-way. He stated the Department of Public Works has been
receiving a large amount of requests from property owners to reassign the agreement to the future property
owner. He further stated a form of assignment has been created, and upon approval by the Board,future
reassignments may be submitted and listed on the Consent Agenda for approval. Commissioner Vaad
moved to approve said form and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion
carried unanimously.
Minutes, June 26, 2006 2006-1721
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-RAMONGARZA: Raelene Churyk,
Assessor's Office, stated Ramon Garza was the owner of Solo Construction, Inc., which dissolved in
October 2004, therefore the taxes for 2005 will be abated. Commissioner Jerke moved to approve said
petition, based upon staffs recommendation. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-3H AND S, LLC: Mike Sampson,
Assessor's Office, stated the old Best Way gravel pit is located on the property,and the property was split
into several parcels in 2005. He stated the parcel being discussed is a large parcel, and is in the process
of being re-platted for another use,which will be primarily residential. He stated the land was assessed as
industrial; however, it should be assessed as vacant land, at approximately $15,000.00 per acre.
In response to Chair Geile, Mr. Sampson stated the structures remaining on the northern portion of the
property are assessed at a rate of 29 percent. Commissioner Masden moved to approve said petition,
based upon staffs recommendation. Seconded by CommissionerJerke,the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLONIAL PACIFIC LEASING
CORPORATION/ GENERAL ELECTRIC CAPITAL CORPORATION: Ms. Churyk stated a partial
abatement is requested,since the leasing company reported an asset with a value of$14,014.00 incorrectly
as$14,014,358.00. She stated staff recommends a refund in the amount of$107,985.42. In response to
CommissionerJerke,Ms.Churyk stated the property is located at 95861-25 Frontage Road. Commissioner
Vaad moved to approve in part said petition, based upon staffs recommendation. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FARM CREDIT LEASING:
Ms. Churyk stated the company reported agricultural equipment in 2005, which should not have been
valued. She the company will receive a refund in the amount of$2,021.42. Commissioner Jerke moved
to approve said petition, based upon staffs recommendation. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDERAPPOINTMENTOF CHIEF DEPUTY DISTRICTATTORNEYANDAUTHORIZE CHAIR TO
SIGN-STEVEN WRENN: Mr. Barker stated this is a standard appointment and he recommended approval.
Commissioner Jerke moved to appoint Steven Wrenn as a Chief Deputy District Attorney and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDERAPPOINTMENTOF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN-
NIGEL LUSH: Commissioner Jerke moved to appoint Nigel Lush as a Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR COLORADOJUVENILE DIVERSION PROGRAMS: Ken Buck, District
Attorney,stated the State will disburse funding for Juvenile Diversion Programs,with a 25 percent match
from the County. He stated the overall amount requested is $110,439.00, with $35,979.00 as matching
funds. He further stated the amount of$35,979.00 is currently being paid by the County through the District
Attorney's budget. In response to Commissioner Jerke, Mr. Buck stated the funding will be available
October 1, 2006. Commissioner Long moved to approve said application. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER GEOGRAPHIC INFORMATION DATA PRODUCT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - NORTH FRONT RANGE WATER QUALITY PLANNING ASSOCIATION: Mr. Barker stated the
County has a standard agreement for use of GIS data, and this agreement is a reverse of that agreement.
He stated North Front Range Water Quality Planning Association has re-worked the County's data, to
provide more information, and each member of the association has the ability to access the information.
Minutes, June 26, 2006 2006-1721
Page 3 BC0016
He stated the Association must obtain signatures from each of the members, and Weld County must sign
as a member. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER TWO AGREEMENTS FOR UPGRADE OF PHONE SYSTEM AND PHONE MAIL FOR
SOUTHEAST WELD COUNTY SERVICES BUILDING AND AUTHORIZE CHAIR TO SIGN-SIEMENS
COMMUNICATIONS,INC.: Susan Quick, Department of Phone Services,stated the two agreements are
for the new phone system at the Southeast Weld County Services Building, and the systems are capable
of expansion when future buildings are built. Mr. Barker stated he has reviewed the agreement, and he
recommended approval. Commissioner Vaad moved to approve said agreements,and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
FINAL READING OF ORDINANCE#2006-5, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 1 GENERAL PROVISIONS,CHAPTER 2 ADMINISTRATION,CHAPTER 6
LAW ENFORCEMENT, CHAPTER 9 INFORMATION SERVICES, AND CHAPTER 14 HEALTH AND
ANIMALS,OF THE WELD COUNTYCODE: Commissioner Vaad moved to read by title only. Seconded
by Commissioner Masden,the motion carried unanimously. Mr. Barker read said title into the record and
stated no changes have been made since second reading. Commissioner Jerke moved to approve
Ordinance#2006-5 on final reading. Seconded by Commissioner Masden,the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO PRE-ADVERTISEAMENDED USE BY SPECIAL REVIEW PERMIT#1458-
KENNETH SHANNON: Jacqueline Hatch, Department of Planning Services,stated Kenneth Shannon,on
behalf of KS Enterprises, LLC, has requested pre-advertisement for Amended Use by Special Review
Permit#1458. She stated staff does not anticipate any significant issues that will need to be resolved
between the Planning Commission hearing and the Board of County Commissioners hearing, and
recommended a hearing date before the Board on August 30, 2006, at 10:00 a.m. In response to
Commissioner Vaad,Ms. Hatch stated the site is located east of Weld County Road 27,and south of Weld
County Road 6. She further stated Use by Special Review#1458 was originally approved September 1,
2004. Commissioner Masden moved to approve said request. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER REQUEST TO PRE-ADVERTISE USE BY SPECIAL REVIEW PERMITS#1562 AND#1563-
CEDAR CREEKWI ND ENERGY, LLC,AND GREEN LIGHT ENERGY, INC.: Chris Gathman, Department
of Planning Services, stated the applicants have requested pre-advertisement for a Board hearing on
August 9, 2006, at 10:00 a.m. He stated Use by Special Review Permits#1562 and#1563 are for a Major
Facility of a Public Utility,a transmission line,one switching station,and 300 wind turbine generators,along
with associated overhead power lines. He further stated the applicant's letter stated the construction
activities must commence in Fall 2006, and an earlier hearing before the Board will allow the companies
to obtain the necessary permits so that contractual obligations with Xcel Energy may be met. Mr.Gathman
stated the cases are scheduled to be heard by the Planning Commission on July 18, 2006. In response
to Mr. Barker, Mr. Gathman stated the public utility portion of the application falls under 1041 Regulations.
In response to Commissioner Jerke, Mr. Gathman stated the hearings concerning the 1041 Regulations
and the Use by Special Review Permit are done in conjunction with one another. In response to
Commissioner Jerke,Mr. Barker stated a pre-advertisement has not been completed previously; however,
he recommends approval of the pre-advertisement. Chair Geile stated when a facility is in excess of
115 kV, a 1041 Regulations hearing must be held. Commissioner Long moved to approve said request.
Seconded by Commissioner Vaad, the motion carried unanimously.
Minutes, June 26, 2006 2006-1721
Page 4 BC0016
CONSIDER RESOLUTION RE: RECONSIDER CONDITION OF APPROVAL#1.J FOR CHANGE OF
ZONE#545-WI PO, LLC, C/O BRET LARIMER: Kim Ogle, Department of Planning Services, stated the
applicant has submitted a letter requesting that the Board reconsider Condition of Approval#1.J of the
Resolution for Change of Zone, PZ#545, regarding the internal roadway. He stated the Department of
Planning Services requested the roadway be designed similar to an urban scale development, since the
development is 38 residential parcels. He further stated the applicant is requesting the Condition be waived.
Peter Schei, Department of Public Works, stated he has reviewed the request of the applicant, and he
stated discussion at the hearing concentrated mostly on septic issues. He stated the Department is in
support of granting a waiver of Condition of Approval#1.J. In response to Chair Geile,Mr.Schei stated the
Department concurs with the request of the applicant. Commissioner Long moved to approve said
Resolution, based upon the recommendations of the Departments of Planning Services and Public Works.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDERAPPEALOF DECISION BY THE DIRECTOR OF DEPARTMENT OF PLANNING SERVICES
TO REQUIREAUSE BY SPECIAL REVIEW PERMIT FORA MAJOR FACILITYOFA PUBLIC UTILITY IN
THEA(AGRICULTURAL)ZONE DISTRICT FOR A 750-MILE-LONG INTERSTATE NATURAL GAS LIQUID
PIPELINE- OVERLAND PASS PIPELINE: Brad Mueller, Department of Planning Services, stated the
proposed interstate gas pipeline will cross the northern portion of Weld County, through lands zoned
A(Agricultural), and it is subject to review as a Major Facility of a Public Utility. He stated Section 23-1-90
of the Weld County Code defines a Major Facility of a Public Utility as pipelines of utilities, providing natural
gas or other petroleum derivatives,whether publically or privately owned. He stated any pipeline regulated,
licensed, or permitted under Federal regulations as interstate transmission lines shall be exempt from
regulation. Mr. Mueller stated there is involvement from several Federal agencies; however, none of the
Federal agencies are involved with issuing permits for the pipeline. He stated the U.S. Department of
Transportation (DOT)will oversee the design and construction of the pipeline, the U.S. Bureau of Land
Management(BLM)will conduct environmental analysis,and the Federal Energy Regulatory Commission
(FERC)will provide oversight once the pipeline is built. He further stated staff has made the determination
that the pipeline is not exempt from processing as a Use by Special Review application process. In
response to Chair Geile,Mr. Barker stated a pipeline was installed approximately four years ago,and it was
completely FERC regulated, which is different from the current pipeline being considered.
Elizabeth Mitchell, attorney, represented the applicant and stated Mike Hopkins, Overland Pass Pipeline
Project Manager,was not able to be present to discuss the matter; however, Brice Berquist is present and
has been involved with the surveying aspects of the project. She stated the company has appealed the
decision because it is the company's opinion that the pipeline does not fit the definition of a public utility,and
enough Federal regulation of the pipeline exists. She stated the company constructs and maintains the
transportation of natural gas liquid pipelines, and 70 miles of the 750-mile pipeline will pass through Weld
County. She further stated the company is not a public utility regulated by the Colorado Public Utilities
Commission,the transmission line will have fixed points,with no taps between Wyoming and Kansas,and
no public citizens will be served along the route. She stated citizens do not have the ability to demand
service along the route. Ms. Mitchell stated amended information has been provided to staff, and the
permitting of the facility will be completed through the BLM,which serves as the lead agency for multiple
Federal agencies within the project. She stated the BLM will address issues such as citing alternatives,
environmental issues, health and safety, and will issue the necessary right-of-way to allow the facility to
move forward. She further stated the DOT will regulate the design,construction,operation,and inspection
of the pipeline under Federal regulations. In response to Mr. Barker,Ms. Mitchell stated a natural gas liquids
pipeline is not regulated to the same extent as a natural gas pipeline. She further stated FERC will regulate
the tariffs,and the terms and conditions of the transportation of the product through the line. She stated the
Federal agencies have taken a tiered approach, and the permitting approval and regulation process has
been divided between the agencies. Chair Geile expressed his concerns regarding precedence, even
though there is no delivery in Weld County. He stated the 1041 Regulations represent the interests of Weld
Minutes, June 26, 2006 2006-1721
Page 5 BC0016
County regarding the construction and environmental impacts. He further stated making an exception could
sacrifice the intent of the 1041 Regulations. In response to Chair Geile, Mr. Barker stated the 1041
Regulations were created in regard to electric lines,not regulated gas or transportation of liquids. He stated
the pipeline would come under the requirements of Chapter 23 of the Weld County Code,regarding a Use
by Special Review Permit for a Major Facility of a Public Utility. He stated the line transports a unique
commodity,and he does not believe a precedence will be set by a decision of the Board. Ms.Mitchell stated
the Board was briefed regarding the project last fall. Mr. Mueller stated the original rationale for staffs
determination still stands, and he clarified the BLM only permits right-of-way upon federal lands. In
response to Mr.Mueller,Ms. Mitchell stated a significant amount of federal land is involved with the project,
and the permit from the BLM is the fundamental permit needed to move forward with the project.
Brice Berquist, Field Project Manager for Overland Pass, stated the BLM will issue right-of-way only to
federal lands, and an environmental impact statement is being prepared. (Changed to Tape#2006-24.)
He stated the BLM will grant right-of-way for 120 miles of which the pipeline travels through federal lands;
however,the BLM is studying the entire project. Mr.Mueller stated the applicants have been very open and
informational about the interaction with the various Federal agencies; however,he clarified that the rational
for the original determination still stands, since a large number of parcels will be permitted right-of-way
through the BLM. Commissioner Vaad stated he is in favor of the project since there is adequate oversight
of the project by the BLM and the DOT,and the pipeline will be practically invisible to surrounding residents
since no pumping will occur in Colorado. Commissioner Masden stated he concurred with Commissioner
Vaad, and a need exists for a project of this nature within the region. He stated the supply of resources is
dwindling while demand is growing. CommissionerJerke stated all of the pipelines currently crossing Weld
County are regulated by FERC and DOT, and he does not want to change that precedence. He further
stated affirming the appeal is rejecting the decision of the Director of the Department of Planning Services.
Commissioner Long stated he concurs with the sentiments already expressed,and the County only needs
to be notified of the plans of the project. He further stated many ranch owners in the norther portion of the
County have not made any complaints known. Chair Geile stated he is not interested in challenging federal
regulations, and the project does not fall under the jurisdiction of Weld County, since no operations will
happen in the County. Commissioner Vaad moved to reject the decision of the Department of Planning
Services Director. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION#4414 - ALBERT AND ROBIN PEREZ, C/O TREVOR THIEL:
Mr. Gathman stated the size of the parcel is 23.5 acres, and the parcel is currently in the process of
annexation to the City of Greeley. He stated the referral from the City of Greeley indicated a
recommendation of denial,which is the reason the matter is before the Board. In response to Chair Geile,
Mr. Gathman stated the annexation process will be finished by the end of the summer. Commissioner
Jerke stated he did not understand why a Recorded Exemption is requested in the middle of the annexation
process. Trevor Thiel,Orr Land Company,represented the applicant and stated the Recorded Exemption
process began before the annexation process began. He stated the applicant desires to create two lots,
in order to increase the value of the property. He stated the applicants do not have any concerns regarding
the annexation to the City of Greeley, and upon approval, both lots will be annexed. He further stated the
objections from the City of Greeley, according to a letter dated May 2, 2006, include water service and
access to Lot B. Mr. Thiel stated water service cannot be provided until the annexation is complete,
therefore, a well permit could be issued for residential uses only. He stated an access to Lot B currently
exists, and it has been used in the past for irrigation purposes within the southern portion of the property.
He further stated 16th street will eventually connect to 71st Avenue,and the applicants may have a shared
access on Lot B, with an easement for access to Lot A in order to avoid additional accesses on
71st Avenue. In response to Commissioner Jerke, Mr.Thiel stated the property has been surrounded by
the City of Greeley for over three years. Commissioner Masden stated since the enclave will be annexed,
the applicant should consider developing the property into a subdivision. In response to Commissioner
Masden, Mr. Thiel stated the applicant does not have intentions to develop the property; however, the
Minutes, June 26, 2006 2006-1721
Page 6 BC0016
applicant may sell the larger parcel to a developer. He further stated creating two parcels, which can be
sold separately,will bring more monetary value to the applicant. In response to Chair Geile,Mr.Thiel stated
Orr Land Company is a Real Estate company, and is the listing agent of the property.
Michael Whitley, City of Greeley, stated the property is one part of a larger enclave, the City has initiated
annexation, and the annexation process will move forward in August 2006. He stated it is appropriate to
subdivide the property within the City of Greeley, since the City will support multi-family zoning on the
property, and a master plan can be developed for the property. He further 71st Avenue will be developed
as a major arterial road, and 16th Street will be extended to connect with 71st Avenue. Mr.Whitley stated
water and sewer lines currently exist within the vicinity of the property,and will be available to the property
upon completion of the annexation. He stated in November 1990,the applicants entered into an Outside
of City Water Agreement, marked Exhibit A,and the agreement states the applicant agrees to annex when
requested to, and to comply with subdivision and building standards. He further stated the successful
completion of the annexation process will be easier to accommodate if the property has not been previously
subdivided. Mr. Whitley provided maps of the City of Greeley water and sewer lines within the vicinity,
marked Exhibits B and C.
Robin Perez,applicant, stated she and her husband have owned the property for sixteen years, and they
would like to divide the property into two parcels so that the barns and corrals may be included on a
separate property with the existing residence for another family to enjoy. She stated many of the residents
within the area have a small acreage on which they raise horses. She stated the City of Greeley did not
notify her of annexation plans until after she had made the decision to begin the Recorded Exemption
process. She further stated if a developer were to purchase her property as one parcel,the correct value
would not be given for the existing residence and associated outbuildings. In response to Commissioner
Jerke,Ms. Perez stated existing residence,corral,and riding arena are located within the northwest portion
of the property,and she indicated the placement of the buildings on the provided map. She stated the City
will have access to place a road on the southern edge of the property. In response to Mr. Gathman, Ms.
Perez stated all of the buildings will be included on Lot A,and Lot Bwill be vacant. Mr.Gathman stated the
application indicated one existing access at the northern portion of the property, and a proposed access
at the southern portion of the property. He stated the referral from the Department of Public Works
indicated 71st Avenue as a major arterial road, therefore, a Condition of Approval limits the number of
access points to one,with an easement provided for access to Lot B. In response to Commissioner Vaad,
Ms. Perez stated the southern access has existed for 16 years, and it is used to transport cattle. She
further stated a concrete ditch exists, and the access is safer, since it is away from the hill. In response
to Chair Geile, Mr.Thiel stated the property is listed for sale as two separate lots, pending approval of the
Recorded Exemption.
Commissioner Jerke stated the City of Greeley has made some great points; however, he is not sure that
development will happen in the very near future, since the property may take a long time to be developed.
He further stated it is unacceptable to request the applicant to wait until after annexation to subdivide the
property. He stated he concurred with the Recorded Exemption, since the large parcel of 20 acres may
be developed in the future. Commissioner Vaad stated he concurs with the sentiments expressed by
Commissioner Jerke, and stated the new City of Greeley FunPlex is located immediately east of the
property. He further stated granting approval for the Recorded Exemption is the appropriate action. Chair
Geile stated he did not concur with the comments provided by Commissioners Jerke and Vaad, since the
enclave should be transferred to the City, and approving the Recorded Exemption will complicate the
negotiations associated with the annexation agreement. He further stated the water and sewer agreement
are in place,the applicant has been involved in the process, and approving the Recorded Exemption will
impede the City of Greeley. Commissioner Jerke stated he did not realize the FunPlex was located
immediately east of the property, and he now supports denying the Recorded Exemption so that the
property remains as one parcel. Commissioner Masden clarified that he was unaware of the location of
Minutes, June 26, 2006 2006-1721
Page 7 BC0016
the FunPlex, and he is no longer in support of the Recorded Exemption, since the applicant signed an
agreement with the City of Greeley in November 1990. Ms. Perez stated she is not opposed to the
annexation agreement, and she is simply trying to make her property sellable. She further stated the
approval of the Recorded Exemption will enable the larger parcel to be sold for development at a later date.
Mr. Whitley stated a subdivision has been completed to the north of the property to accommodate a
shopping center,and the property is located within a high-growth area. He further stated the applicant would
be eligible to subdivide the property through the minor subdivision process upon completion of the
annexation process,which would allow the City to negotiate access and obtain necessary right-of-way. He
stated if the property is sold before the annexation process is complete, the City would have to negotiate
with two separate property owners. Commissioner Long stated he supports the Recorded Exemption,
since it is compatible with the other small acreage properties within the area. He further stated he has not
been convinced of a solid reason for denial,and the applicant should have the ability to divide the property
into two parcels. Commissioner Jerke moved to deny Recorded Exemption #4414, based upon the
recommendation of the City of Greeley,and the finding that the proposal is inconsistent with good planning
practices. The motion was seconded by Commissioner Masden and he read a portion of ExhibitA into the
record,stating the applicant agreed to comply with requests from the City of Greeley. Commissioner Vaad
stated he will support the motion, since a greater area will be annexed. Commissioner Long clarified that
the applicants intend to abide by the agreement through the Recorded Exemption process. Upon request
for a roll call vote, the motion carried four to one, with Commissioner Long opposed.
CONSIDER RECORDED EXEMPTION#4100- DAVID AND JANICE DYER: At the request of Michelle
Martin, Department of Planning Services,Chair Geile called up Recorded Exemptions#4100,#4119, and
#4149 to be discussed concurrently. Ms. Martin stated the applicants are represented by Cody
Hollingsworth of Terra West Real Estate. She stated Recorded Exemption #4100 was conditionally
approved on June 10,2005,and the parcel is approximately 45 acres in size. She further stated the location
of the site is north of Weld County Road 74, and east of Weld County Road 57,which is a vacated road with
no County right-of-way. Ms.Martin stated four-lot Recorded Exemption#4119 was conditionally approved
on July 8, 2005, and the parcel is approximately 155 acres. She stated the site is located south of Weld
County Road 76,and west of Weld County Road 57. She further stated four-lot Recorded Exemption#4149
is located north of Weld County Road 74, and west of Weld County Road 57. She stated the parcel is
approximately 153 acres,and conditional approval was granted on July 20,2005. Ms.Martin stated all three
Recorded Exemptions were approved by Planning staff approximately one month apart,and she displayed
a map depicting the boundary lines if all the Recorded Exemptions were to be approved,marked Exhibit A.
She stated the surveys were completed by Allison and Associates, and eleven total lots would utilize one
access. In response to Chair Geile, Ms. Martin stated the existing access has been approved for one lot;
however,ten new lots will be utilizing the access. In response to Commissioner Masden, Ms. Martin stated
the Eaton Ditch is adjacent to the properties, and all lots would have access through the cul-de-sac. She
further stated staff has determined the applicant proposes to utilize one access for eleven lots without
utilizing subdivision regulations. She further stated the applicant will be eligible within five years to further
subdivide,with a total of seven new lots utilizing the same access,for a total of 18 lots utilizing one private
access. She stated the applications are in compliance with many of the requirements outlined in
Section 24-8-40 of the Weld County Code;however,after review,staff has determined several conditions
have not been addressed. Ms. Martin stated the proposal should be addressed through the PUD(Planned
Unit Development) process, since the Recorded Exemption process does not provide the appropriate
review for many concerns. She stated Weld County Road 74 has a higher traffic count than Weld County
Road 76,therefore, according to Section 24-8-40.C.4,the new access shall utilize Weld County Road 74.
She further stated the applicant has not addressed the concerns of the Department of Public Works
regarding safe ingress and egress to a public road. She stated the applicant shall submit a recorded copy
of an agreement signed by all owners of the properties of which the access crosses; provide evidence that
the access is dedicated as right-of-way by Weld County;or provide a 30-foot wide joint access and utility
easement, extending from Weld County Road 74.
Minutes, June 26, 2006 2006-1721
Page 8 BC0016
Ms. Martin stated the Galeton Fire Protection District requested that a fire hydrant be placed at the
intersection of Weld County Roads 57 and 74,at the entrance of the proposed properties. She stated Eaton
School District RE-2 requested that a bus shelter be provided at the same intersection, and the applicant
provide a cash-in-lieu payment in the amount of$1,043.00 per lot. She further stated the Department of
Public Works requested the access drive be 60 feet in width, including eyebrows, bulb outs, and turn-
arounds located in the appropriate places. She stated the Departments of Planning Services have
concerns that the urban scale development has not been properly reviewed,therefore, it is requested that
all three Recorded Exemptions be denied. Ms.Martin displayed photographs of the site,which included a
pedestrian bridge over an irrigation ditch. In response to Commissioner Masden, Bryon Horgen,
Department of Building Inspections,stated the pedestrian bridge is required to obtain building permits,since
it is a walking structure. Further responding to Commissioner Masden,Mr. Horgen stated the permits could
be exempted if the bridge were utilized solely to transport agricultural equipment. Ms. Martin stated the
applicant has been completing work to increase the size of the Allison Reservoir, and the Army Corps of
Engineers has requested a sign-off regarding the work completed on the reservoir. In response to
Commissioner Jerke, Ms. Martin clarified that Recorded Exemption#4100 is for two lots, and Recorded
Exemptions#4119 and #4149 are for four lots. Further responding to Commissioner Jerke, Ms. Hatch
stated Lot D of Recorded Exemption#4149 will be 128 acres in size,and will be eligible for further division
in five years. She further stated Lot D of Recorded Exemption#4119 will be 139 acres in size. Ms. Martin
stated proper building permits were not obtained for the outbuilding located on the island of Allison
Reservoir; therefore, staff has required obtaining appropriate permits as a Condition of Approval. In
response to Chair Geile, Ms. Hatch stated three planners reviewed the cases,since the three applications
were submitted on different dates.
Don Carroll, Department of Public Works, stated Weld County Road 74 is a strategic roadway, and the
right-of-way for Weld County Road 57 has been vacated,since the placement of Allison Reservoir interferes
with the ability to develop the road. He stated the combined Recorded Exemptions should follow the PUD
application process.
Wayne Howard,TerraWest Real Estate,represented the applicants and stated he and Cody Hollingsworth
have been involved in the application process of the Recorded Exemptions for more than a year,and all of
the Recorded Exemptions were conditionally approved by staff. He stated he was not aware of staffs
concerns regarding the number of lots utilizing one access until a meeting held approximately one month
ago, and four sets of paper plats have already been completed. He further stated four of the eleven lots
already exist, and only a total of seven new lots will be created within a total acreage of 353 acres. Mr.
Howard stated the applicant is trying to accomplish the maximum value of his personal property and assets,
while meeting the regulations of the Recorded Exemption process. He stated he believes staff would not
recommend denial if the three parcels were owned separately,and the proposed layout,with the clustering
of the lots, is much safer than scattered lots, since all the lots will utilize one access. He further stated an
existing access on Weld County Road 74 exists for oil and gas equipment traffic; however, staff has
requested the access to Weld County Road 74 be eliminated. He stated the Recorded Exemptions should
not be denied after completing year-long negotiations with staff. In response to Chair Geile, Mr. Howard
stated the concerns noted by staff, regarding Section 24-8-40.C.4 requiring the applicant to defer access
to the road with the lowest traffic count, does not make as much sense as utilizing the existing access on
Weld County Road 74,which is a paved road. He further stated the vacation of Weld County Road 57 was
completed to avoid public use of the road to turnaround. In response to Commissioner Jerke, Mr. Howard
stated the applicant will continue to farm a majority of the land, and the applicant has been pursuing
conservation easements with Colorado Open Lands. He further stated the applicant does not intend to
create a subdivision; he would like to manage the land for the least amount of impact to the farming
operations. In response to Commissioner Masden, Mr. Howard stated the applicant has an adequate water
supply,and water is pumped from the existing lake to the sprinkler systems. He further stated the applicant
Minutes, June 26, 2006 2006-1721
Page 9 BC0016
has concerns about other farmers within the area who must sell their water shares in order to create
revenue to offset the losses from farming revenue.
David Dyer,applicant, stated he purchased the land from his father approximately fifteen years ago, and
he intends to continue farming the land. He stated he has not sold any water rights,and the last four years
have been really tough to complete farming operations. He stated the lake is large so that he may operate
five pivot sprinklers from the lake water, and he does not use the water within the ditch stock. He further
stated a toll road has been proposed for the area, and if the toll road is constructed, he will receive more
value for his land if it has to be purchased by the lot. Mr. Dyer stated he did build a shed in which he failed
to obtain a permit. Mr. Howard stated the applicant has concerns with the additional requirements
concerning the expansion of the lake, since the Army Corps of Engineers only has concerns regarding
enlargement of reservoirs when a dam is involved. He stated the lake is used only for the storage of water,
and the State Engineer's Office has determined that a permit is not required to enlarge an area of irrigation
water. He stated the pedestrian bridge is used by all terrain vehicles, and the shed is used for storage of
antique tractors,and it not utilized as a living space. In response to Commissioner Vaad,Mr. Howard stated
the applicant chose to not apply through the PUD process because it is a lengthy and expensive process,
and all the requirements can be met through the Recorded Exemption process. Further responding to
Commissioner Vaad,Mr. Howard stated the applicant will not evade the requirements of the Weld County
Code, pertaining to orderly planning. He stated the proposed lots can be reconfigured; however, the
reconfiguration will be detrimental to the agricultural operations. In response to Chair Geile, Mr. Howard
stated the applicant has reviewed and concurs with the Conditions of Approval,with the exception of the
condition requiring that the Army Corps of Engineers be contacted regarding the enlargement of the lake.
In response to Mr.Howard,Ms. Martin stated all applicants are required to sign an ImprovementsAgreement
which ensures that a road will be completed to the satisfaction of the Department of Public Works, and
collateral is to be posted to ensure that the work will be done correctly.
Ms. Hatch stated she spoke with a Corps of Engineers representative on June 13, 2006, and the
representative thought a permit would most likely not be required; however,she has not been able to finalize
the matter. Ms.Martin clarified that staff has reviewed two paper copies of the plats,the applications were
approved by staff in June and July 2005, and staff did not receive the first paper copy of the plat until
November 2005. She further clarified the second set of paper copies were received on April 12,2006,and
a meeting was conducted with the applicant and the representatives on April 27, 2006. She stated at the
meeting on April 27, 2006, staff informed the applicant of the PUD process and other options available for
the subdivision of his land, and staff noted they did not have concerns with reconfiguration of the lots.
Commissioner Jerke commented that the applicant is not creating eleven new lots. Ms. Martin stated all
eleven lots are buildable,with the potential for eleven residences. Commissioner Masden stated four lots
will remain predominantly agricultural, the lots will be clustered together, and he is in support of the
applications. Commissioner Long stated he concurred with Commissioner Masden,and it is logical to have
the lots utilize one access. He stated he is in support of the applications, since the applicant is trying to
gather income to support his family. Commissioner Jerke stated the configuration of the lots appears
strange;however,approval of the applications will give the applicant more tools to remain in the agricultural
business. Commissioner Vaad stated the applicant has a right to do what is proposed,and will supportthe
motion to approve; however, he believes there is a more efficient way to subdivide the land. In response
to Chair Geile, Commissioner Jerke recommended the removal the Condition of Approval requiring the
applicant to contact the Army Corps of Engineers. Responding to Chair Geile, Ms. Hatch stated the
Galeton Fire Protection District is requesting the applicant place a fire hydrant at the intersection of Weld
County Roads 74 and 57, and the applicant concurs. Commissioner Long moved to approve Recorded
Exemption #4100, with the addition of the Conditions of Approval recommended by staff in Exhibit B,
excluding the addition of Condition of Approval#2.L. Seconded by Commissioner Jerke,the motion carried
unanimously.
Minutes, June 26, 2006 2006-1721
Page 10 BC0016
CONSIDER RECORDED EXEMPTION#4119-DAVIDAND JANICE DYER: Commissioner Long moved
to approve Recorded Exemption#4119,with the addition of the Conditions of Approval recommended by
staff in Exhibit B, excluding the addition of Condition of Approval #3.M. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION#4149-DAVID AND JANICE DYER: Commissioner Long moved
to approve Recorded Exemption#4149,with the addition of the Conditions of Approval recommended by
staff in Exhibit B,excluding the addition of Condition of Approval#3.J. Seconded by Commissioner Masden,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2006-5 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 11:40 a.m.
I01. ~%., BOARD OF OUNTY COMMISSIONERS
/,���� 1`\ l . 1. , \ WELD CO.NTY, COLORADO
ATTEST: iksi �D�'!/�� V4kla\ ,f ft .v . J. le, Chair
Weld County Clerk to the Boar.%� "'f
n 4. N \ ♦ David E. Long, Pro-Tem 1
BY: p Clerk 'th �l2lL, ���
De Clerk tt the oard , 1,,,,,,_9
Will H. Jer e
Robe D. Masde
Glenn Vaad
Minutes, June 26, 2006 2006-1721
Page 11 BC0016
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