HomeMy WebLinkAbout20010329.tiff HEARING CERTIFICATION
DOCKET NO. 2001-13
RE: FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES,S#539-IVAN AND JOANNE
GILBAUGH
A public hearing was conducted on March 14, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated February 2, 2001, and duly published February 7,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Ivan and Joanne Gilbaugh for the Fourth Replat of Gilbaugh's Appaloosa Acres, S#539. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman, Department
of Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Gathman gave a brief
description of the location of the site, and stated this Planned Unit Development was approved in
1972 and has been replatted three previous times. He further stated the structures and uses
permitted on this site will be compatible with surrounding uses. Mr. Gathman requested Condition
of Approval#2.F be amended to also include Lots 1, 15a, and 15b. Responding to Chair Geile, Mr.
Gathman stated Condition of Approval #2.G requires the owner of Lot 17 to maintain the internal
roads unless a Homeowners' Association is established to take over the maintenance. He
explained a Homeowners' Association was formed in 1972; however, it did not have a strong
means of enforcement. Mr. Gathman stated this issue was addressed at the Planning Commission
hearing,and the applicants have been working with the existing homeowners to try and form a new
Homeowners'Association which will maintain the roads. Diane Houghtaling, Department of Public
Works, stated the accesses to Weld County Road 74 was discussed at the Planning Commission
Hearing and the Department of Public Works agreed to maintain the adjacent County roads.
Jerry McRae represented the applicants and reviewed the various changes made at the prior
replats. In response to Commissioner Vaad, Mr. McRae stated Lots 16 and 17 can be accessed
from the county road to the south or the farm road access. He stated there is a utility easement
shown on the plat which is also used as an internal road system to get to the rest of the farm. Mr.
McRae stated the applicants have taken responsibility for the road maintenance; however, since
they may be selling the farm,they would like to turn that responsibility over to the existing residents
since they use the access. Responding to Chair Geile, Mr. McRae stated although the applicants
PL' : P4 f}L (EP)1 Pa.) 2001-0329
PL1
HEARING CERTIFICATION - IVAN AND JOANNE GILBAUGH (S #539)
PAGE 2
would like to form an official Homeowners' Association for maintenance, they realize the future
owner of Lot 17 could still be required to maintain the roads if the other residents do not agree to
the maintenance.
Rick Troxel, owner of Lot 10, stated when he purchased the property he inquired about the
Homeowners'Association; however, he was provided with documentation indicating the owner of
Lot 17 would be responsible for the maintenance. Mr. Troxel stated he has not been contacted by
the applicants regarding the formation of a Homeowners'Association,and although he realizes the
maintenance issue may make it difficult to sell Lot 17, this problem should not be passed on to the
existing residents. Responding to Chair Geile, Mr. Morrison concurred that Condition of Approval
#2.G requires maintenance by either the owner of Lot 17 or a future Homeowners'Association,and
the County is not obligated to maintain the internal roads. Responding to Commissioner Jerke, Mr.
Troxel stated he would be willing to join a Homeowners'Association; however,the owner of Lot 17
should be responsible for organizing and forming the association.
Randy Craddock, owner of Lot 3, stated Appy Road is a private road, and he moved in
approximately 7 years ago. Mr. Craddock stated there has not been an active Homeowners'
Association; however, when he built a hay shed for his horses he was notified that he should have
received approval through the Homeowners' Association. He retained a lawyer who determined
the old Homeowners' Association is null and void, and added he received a letter from the
applicants indicating they had been paying the County$250.00 a year to maintain Appy Road four
times per year. Mr. Craddock concurred with Mr. Troxel's comments; however, he questioned
whether 100 percent of the residents must agree to form a Homeowners'Association. He stated
the responsibility of legally forming the Homeowners' Association should be the responsibility of
the owner of Lot 17.
Joanne Gilbaugh, applicant, stated she and her husband own Lot 17. She stated the Covenants
were no longer enforceable after 1985,and although a committee was formed five years ago, it had
not good means of enforcement. Ms. Gilbaugh explained that due to poor health, they would like
to shift the maintenance responsibility to the current homeowners who actually use Appy Road.
She stated Lot 15-C has been sold to Jay Moody who intends to continue farming the land. She
further stated they originally agreed to maintain the road since they owned the necessary
equipment for grading. Chair Geile clarified the application involves more than resolving this road
maintenance issue. Responding to CommissionerJerke, Ms.Gilbaugh stated the Covenants state
a committee can be formed; however, they do not specify how many people are required to form
a Homeowners' Association. She stated her attorney indicated 100 percent approval is required
to make the Homeowners' Association legal and effective. Responding to Chair Geile, Ms.
Gilbaugh stated she has reviewed and agrees with the Conditions of Approval, as well as the
proposed change to Condition #2.F.
Commissioner Vaad moved to approve the request of Ivan and Joanne Gilbaugh for the Fourth
Replat of Gilbaugh's Appaloosa Acres, S #539, based on the recommendations of the Planning
staff and the Planning Commission,with the Conditions of Approval as entered into the record,with
the last sentence of Condition of Approval#2.F being modified to state,"Lot 1 through 14, 15a,and
15b shall be guaranteed access to Weld County Road 41 by way of Appy Road and Appaloosa
Lane." The motion was seconded by Commissioner Jerke, and it carried unanimously.
2001-0329
PL1245
HEARING CERTIFICATION - IVAN AND JOANNE GILBAUGH (S #539)
PAGE 3
This Certification was approved on the 19th day of March 2001.
APPROVED:
BOARD OF C UNTY COMMISSIONERS
WELD CO Y, COLORADO
Leil , �i
ATTEST: , ~ ���,� � J. Bile, Ch ir
Weld County Clerk to the tar, es
tset I �•"�'-
/� ' lenn Vaad, r
BY: / .�Qv ��%. i�*'
Deputy Clerk to the Bo 4.,,U NI, EXCUSED DATE OF APPROVAL
Allfts.rn Will' H. Jerke
TAPE #2001-12
Dav'd . Long
DOCKET#2001-13
Robert D. Masden
2001-0329
PL1245
EXHIBIT INVENTORY CONTROL SHEET
Case S #539 - IVAN AND JOANNE GILBAUGH
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes10/03/2000)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Issues with the Development
(11/01/2000)
F. Applicant Letter requesting continuance (11/01/2001)
G. Planning Staff Memorandum requesting continuance
H. Clerk to the Board E-Mail Comments (01/04/2001)
Clerk to the Board Second Notice of Hearing
J. Planning Staff Certification of Sign Posting
K.
L.
M.
N.
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P.
Q.
R.
S.
T.
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V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF MARCH, 2001:
DOCKET#2001-13 - IVAN AND JOANNE GILBAUGH
DOCKET#2001-17 - MOBILE PRE-MIX CONCRETE, INC.
COZ#541 -JOHN AND CHARLOTTE CARLSON
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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