HomeMy WebLinkAbout20040226.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 5, 2004
TAPE #2004-01
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, January 5, 2004, 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
Commissioner David E. Long
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
ELECTION OF CHAIR: With Commissioner Long acting as Chair,Commissioner Vaad nominated Robert
Masden as Chair for the year 2004. The nomination was seconded by Commissioner Jerke.
Commissioner Masden was unanimously elected Chair and began Chairing the meeting.
ELECTION OF CHAIR PRO-TEM: Commissioner Geile nominated William Jerke as Chair Pro-tem for
the year 2004. The nomination was seconded by Commissioner Long, and Commissioner Jerke was
unanimously elected Chair Pro-Tem.
ASSIGNMENTS: Commissioner Geile moved to approve the Commissioner Coordinator assignments
for 2004, as listed in the draft Resolution. Commissioner Vaad seconded the motion, which carried
unanimously.
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of December 31, 2003, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinances #2003-10 and
#2003-11 by tape. Commissioner Jerke seconded the motion, which carried unanimously.
2004-0226
BC0016
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CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on December 31, 2003, as follows: 1)A Site Specific Development Plan and Use by Special
Review Permit#1432, Mark and Kristi Weimer. Commissioner Jerke seconded the motion,which carried
unanimously.
AMENDMENTS TO AGENDA: Item#6 under New Business, "Consider Appointment of Commissioner
David E. Long to Certain Advisory Boards," was deleted.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for
approval by the Board:
All Funds $31,548.86
Electronic Transfers -All Funds $55,305.76
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2004:
Commissioner Geile moved to approve the draft resolution scheduling regular meetings of the Board on
Monday and Wednesday mornings at 9:00 a.m. The motion,which was seconded by Commissioner Long,
carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2004:
Commissioner Long moved to approve the draft resolution to authorize publication of proceedings, as
required by statute. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF
PUBLIC NOTICES: Commissioner Jerke moved to approve the draft resolution designating the bulletin
board on the third floor of the Centennial Center as the place for posting of public notices. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER M. J. GEILE TO CERTAIN ADVISORY BOARDS:
Commissioner Long moved to appoint Commissioner Geile to various boards, as listed in the draft
Resolution. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM H. JERKE TO CERTAIN ADVISORY
BOARDS: Commissioner Vaad moved to appoint Commissioner Jerke to various boards, as listed in the
draft Resolution. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER ROBERT D. MASDEN TO CERTAIN ADVISORY
BOARDS: Commissioner Vaad moved to appoint Commissioner Geile to various boards,as listed in the
draft Resolution. The motion, which was seconded by Commissioner Geile, carried unanimously.
Minutes, January 5, 2004 2004-0226
Page 2 BC0016
CONSIDER APPOINTMENT OF COMMISSIONER GLENN VAAD TO CERTAIN ADVISORY BOARDS:
Commissioner Geile moved to appoint Commissioner Vaad to various boards, as listed in the draft
Resolution. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER AMENDMENT TO OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN-E2W2,S4,T5N,
R61 W: Bruce Barker, County Attorney,stated this is an amendment requested by Bill Crews on behalf of
CFG Energy, Inc. He stated the company has provided an additional$400 to increase the total amount of
acreage for the lease to 159 acres. Commissioner Jerke moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER CROSSING AGREEMENT TO TRANSFER MATERIAL AND AUTHORIZE CHAIR TO SIGN-
LUPTON MEADOWS IRRIGATION COMPANY: Frank Hempen,Jr., Director of Public Works,stated this
agreement allows the County to place a pipe in an irrigation ditch belonging to Lupton Meadows Irrigation
Company. He stated that the County has two pits at this location,the Koenig Pit and the Bearson Pit. With
no storage available when mining of the second cell of the Bearson Pit commenced,it was determined the
Koenig Pit could be used for storage; therefore, the crossing will be used to haul material across Weld
County Road 25 to the Koenig site in order for processing at a later date. Mr. Hempen stated there will be
no payment required of the County; however, staff will maintain the crossing through March of 2005.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
{Clerk's Note: Tape #2004-01 was started at this point.)
PLANNING:
FIRST READING OF CODE ORDINANCE #2003-10, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION, AND CHAPTER 27 PLANNED UNIT
DEVELOPMENT,OF THE WELD COUNTY CODE: Monica Mika,Director of Planning Services,stated the
Planning Commission favorably recommended the revisions,with amendments,on October 21,2003. She
reviewed ten specific changes being proposed. The first is new definitions that are being provided for clarity
to the public and adding the concept of a complete application. Ms. Mika stated the definition of a referral
is also being included, indicating only portions or elements of the complete application ARE included in a
referral,and that referral agencies will be informed they are only receiving portions of the application,and
that the complete file is available in the Department of Planning Services Office. The second specific
change is the introduction of a pre-application conference,which is an optional process. Ms. Mika stated
the third change is that the application and processing time lines have been expanded to incorporate
north/south hearing dates and realistic time frames. She stated staff reviewed the proposed time lines and
the current Code requirements to determine whether referral agencies could adhere to the proposed
changes. She stated hearings before the Planning Commission also need extra time to schedule for
north/south hearings,and the changes will be included for Minor and Major Subdivisions,as well as the PUD
process. She reviewed the Tables showing the changes in each step for processing of each application.
Ms. Mika stated the fourth change is to the Agricultural Zone District, regarding animal training, bulk
requirements and lighting. She explained the Planning Commission added this section for Board
consideration,requiring applications fora Use by Special Review for animal training and boarding facilities,
which are within the allowed number of animal units when the use adversely impacts surrounding properties
including noise,odor,lighting or glare,traffic congestion,and trash accumulation. Ms. Mika stated there are
often problems associated with a use, i.e., roping arena lights,and this change would require the Use by
Special Review process if there are adverse impacts to surrounding property owners. She also stated
there is an additional statement about external lighting throughout THE entire code, specifically in the
Residential and Agricultural Zone Districts. Ms. Mika discussed the fifth change,which is additional uses
in the Industrial Zone District. She stated the sixth change involves the introduction of an exit strategy to
Minutes, January 5, 2004 2004-0226
Page 3 BC0016
the mobile home requirements, as well as an amendment to the definitions of mobile homes and
manufactured structures. Ms. Mika stated the property owner basically will enter into a contract with Weld
County explaining how and when the mobile home will be removed. She further stated all mobile homes
will be defined as manufactured structures, which would be required to follow the original intent of the
structure. Ms. Mika indicated the seventh change is to require certain water analyses for Open Mining
permits. She stated the draft includes water consumption and water replacement sources. The eighth
change discussed by Ms. Mika was subdivision changes being proposed to add flexibility in the Final Plan
process. She stated the revision would allow Planning staff to waive certain application requirements and
Conditions of Approval included in preliminary approval if the information is not considered necessary. Ms.
Mika stated the ninth change involves the Recorded Exemption process. She stated the time frame is
proposed to change from ten years to five years;the number of allowed lots will be changed from three to
four; further subdivision of smaller lots would be eliminated; additional ingress and egress would not be
allowed;and school district comments would be taken into consideration priorto approval. Ms.Mika stated
the last change is to the Planned Unit Development District. She stated the changes are reflected
throughout Chapter 27, showing a reduction in open space requirements,and a redefined intent for open
space.
Responding to Commissioner Geile regarding the increase of response time as a result of a referral to 28
days,Bruce Barker,County Attorney,stated the Intergovernmental Agreements specify 21 days;however,
it could be extended with the agreement of municipalities. Ms. Mika discussed with Commissioner Geile
and Chair Masden requiring a Use by Right to apply for a Use by Special Review, stating that all nuisance
conditions would be included,since the Use by Special Review process is the appropriate mechanism for
determining Conditions of Approval. Ms. Mika stated under the present Code,a violation hearing process
would be the correct procedure. Responding to Commissioner Geile regarding lighting and whether it is
a nuisance,Mr. Barker stated a nuisance occurs anytime one property owner causes the loss of enjoyment
of his property to an adjoining property owner. Mr. Barker stated there are Uses by Right in the Countywith
lighting which operates late into the night,causing problem with adjacent landowners. Commissioner Geile
requested more information prior to second reading to ensure clarity, or inclusion of more flexibility for
exceptions. Responding to Commissioner Geile, Ms. Mika further explained how the changes in open
space would apply to cluster zoning, stating it would employ flexibility. She stated the 15 percent is
benchmark and this change is for non-agricultural and non-cluster PUD's,to determine whether functionality
is present. Mr. Barker stated he does not see a conflict.
Responding to Commissioner Geile regarding the notification provisions within the Ordinance, Ms. Mika
stated any landowners within 500 feet will be notified. Responding to Commissioner Long, Mr. Barker
stated the language does not absolve the County of notifying the surrounding property owners; however,
it has been the standard language for many years, recognizing there is no statutory requirement for
notification, although not allowing inadvertent errors to create a jurisdictional defect.
Commissioner Jerke, stated he will need further information regarding the additional application
requirements for water consumption and water replacement source for gravel pits priorto second reading,
since it appears to place the applicant in a situation where he would have to spend a lot of money at the
application stage, without recourse or refund if the application were to be denied. Mr. Barker stated his
office has run into situations when staff has not been able to answer the question,"What effect will this have
on my property?" He said the intent of this change is to provide an answer to that question. Mr. Barker
further stated the applicant asks what needs to be provided,and staff has made an attempt to show what
information needs to be provided; however, it must be detailed enough to outline the information being
requested while remaining commensurate with what will be given to the State. Commissioner Jerke
reiterated he is not in favor of requiring detailed water information during the initial phase,such as including
the entire augmentation plan or requiring the water resource to be owned by the applicant,thereby placing
a huge financial burden on the applicant in the planning or preliminary stage. Ms. Mika stated the impacts
Minutes, January 5, 2004 2004-0226
Page 4 BC0016
would be better addressed if the information were available at the beginning of the process; however,she
will review the section for modification before second reading to assure surrounding owners that their water
is safe. Commissioner Jerke suggested staff show where the authority stems from, since the County is
not statutorily involved in the process and the authority appears to belong to the State engineer. Mr. Barker
stated these are questions that arise in the course of the hearing process, and it is good information to
know,and the Board can take into account whether it is necessary to have. However, if the information is
needed in the course of the Use by Special Review Hearing it should be put together and ready to go. Mr
Barker further stated the intent is to clarify what the County wants to see and what should be included by
the applicant. Commissioner Jerke stated he agrees with the arguments being put forth; however, he is
concerned that at some point,the requirement would be placing an unreasonable burden on the applicant,
and he does not want to cause the applicant to pay many dollars for water prior to approval. Mr. Barker
stated there could be flexibility in timing and when the applicant would be required to provide the information
to the County; however, he prefers it to be within the application process. Mr. Barker further stated the
applicant needs to inform the Board if there will be a delay before operations begin,in orderforan exception
to be approved. Ms. Mika stated the Ordinance itself would have caveats forgetting permits approved prior
to the use being operational, and stated the Planning Commission did have a lot of controversy and
discussion regarding this issue, as well as including mineral extraction in the 1-2 and 1-3 Districts.
CommissionerJerke also requested Ms.Mika to ensure the aggregate industry is notified of the proposed
changes prior to the second reading.
Responding to CommissionerJerke regarding the geotechnical site study, Ms. Mika stated language could
be added to clarify that if a study is already on file for the site, it would be used, such as in a case where
the applicant was reducing the intensity of use on a site. She stated, however, it is necessary to have the
studyfordetermination of placement for septic systems,foundations,etc.,although it is usually a one-time
requirement for each site.
Responding to Commissioner Geile regarding septic regulations and minimum lot size,Ms. Mika stated a
minimum lot size of 2.5 acres is only required when a septic system and well are both included, and the
Ordinance is somewhat silent on Recorded Exemption parcels unless they are tied to a water source.
Responding to Chair Masden regarding Section 24-8-20.C.1,Ms. Mika stated the intent of the requirement
in the Agricultural Zone District of 160 contiguous acres or when recognized as a complete quarter section,
is either 160 acres or a recognized quarter section, which really means more or less than 160 acres.
Responding further to Chair Masden regarding deleting the words"complete quarter section", Mr. Barker
advised the Board to leave the words in, since a quarter section, as recognized by a surveyor, would be
acceptable. Afterfurther discussion,CommissionerJerke and Chair Masden requested staff to look at the
language to better clarify that when a Recorded Exemption is completed,the remaining parcel needs to be
at least 120 acres. Commissioner Jerke suggested 120 acres being left as the larger parcel or lot should
be the governor, instead of beginning with 160 acres.
No Public testimony was given. Commissioner Geile moved to approve said Ordinance on first reading.
The motion, which was seconded by Commissioner Jerke, carried unanimously.
FIRST READING OF CODE ORDINANCE #2003-11, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 29 BUILDING REGULATIONS,OF THE WELD COUNTY
CODE:Jeff Reiff,Department of Planning Services,stated the Uniform Building Code was adopted in 1974,
subsequently,many jurisdictions are adopting or considering adoption of the 2003 International Codes. Mr.
Reiff stated because of all the service organizations adopting and enforcing the International Codes,the
Uniform Building Codes will no longer be published and,therefore, unavailable to Weld County. Mr. Reiff
stated the Building Trades Advisory Committee and Planning Commission recommend approval of the
international codes. He explained the International Codes are performance based rather than prescriptive
Minutes, January 5, 2004 2004-0226
Page 5 BC0016
based, and that staff anticipates most buildings, especially residential buildings, to be constructed at the
same or less cost if built to the International Codes. Responding to Commissioner Geile, Mr. Reiff stated
the variation of topological differences throughout the country are addressed in the same manner as
differences were in the Uniform Building Code, with specific amendments to Sections of the Code. He
stated interpretation is primarily engineering, and will take into consideration all the factors mentioned by
Commissioner Geile. Mr. Reiff stated the County has the ability to stipulate factors,and those have have
been included in the same manner as they were in the Uniform Building Code. Responding to Chair
Masden, Mr. Reiff stated there is no change to the fees schedule. He explained that the fees are based on
construction and will not go up; however, there is the possibility of fees decreasing because the cost of
construction may go down somewhat. There was no public testimony given.
Commissioner Long moved to approve Code Ordinance#2003-11 on first reading. The motion,which was
seconded by CommissionerJerke,carried unanimously. Commissioner Geile directed staff to modify the
language if necessary, to ensure refinements are included to deal with topographical variances, such as
elevation, humidity, etc.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Code Ordinances #2003-10 and #2003-11 were approved on first 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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
,zr TY,,^C ORADO
ATTEST: A ketil'l �D��1 La�� V uVt
Robert D. Masden, Chair
Weld County Clerk to th Jq: ,t_ ltr��
J William H. J e, Pro-Tem BY:Deputy Clerk to the Boa ,t
eile
J
Davi . Lon
Glenn Vaad
Minutes, January 5, 2004 2004. 0226
Page 6 BC0016
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