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Home My WebLink About20012619.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 17, 2001 TAPE #2001-38 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, September 17, 2001, 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 Glenn Vaad, Pro-Tem - EXCUSED Commissioner William H. Jerke - TARDY Commissioner David E. Long Commissioner Robert D. Masden Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of September 12, 2001, as printed. Commissioner Masden seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Long moved to read Emergency Code Ordinance#223-A by tape. Commissioner Masden seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on September 12, 2001, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit#1340 Raymond and Debra Carpio/Lupe Carpio, do AgPro Environmental Services, LLC; and 2) A Site Specific Development Plan and Use by Special Review Permit #1332, Philip and Bonnie Johnson. Commissioner Masden seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: The following was added under Planning: 2) Consider Recorded Exemption #2818 - Clint DePorter [2001-2617] CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. 2001-2619 BC0016 PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $660,064.22 Electronic Transfers -All Funds $306.14 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER RECOMMENDATION TO JUDGE WEST OF APPOINTMENTS TO JUVENILE SERVICES PLANNING COMMITTEE: Commissioner Masden moved to recommend the appointments of Jerry Wommack and Wayne Maxwell to the Juvenile Services Planning Committee. Commissioner Long seconded the motion, which carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE CHAIR TO SIGN - TOWN OF PLATTEVILLE: Mr. Barker stated this is a standard agreement for the exchange and use of geographic data and he recommends approval. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER CONSENT TO THE ENFORCEMENT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS, WITH AMENDMENTS - WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT: Mr. Barker stated Section 32-1-1002(1)(d),C.R.S.,requires consent from the Board of County Commissioners before a Fire District may enforce the adopted fire code in the unincorporated areas of Weld County. He stated the Windsor-Severance Fire Protection District has adopted the 1997 Fire Code with certain amendments. He stated this was last reviewed in 1999 when the Fire Protection District adopted the 1994 Fire Code. Mr. Barker explained there are only three differences proposed from the Fire Code regarding hydrant spacing for multi-family residential buildings and commercial/industrial buildings and sprinkler system requirements, as indicated in his memorandum, dated September 12, 2001. Chair Geile called for a five minute recess, and upon reconvening, Chair Geile clarified that the representative for the Fire Protection District and Commissioner Vaad were now in attendance. Mike Davis, Fire Marshall, stated multi-family residential hydrant spacing is determined based on the size of the hose which should be a safe distance from the residences. He explained the distance required for Commercial/Industrial is 150 feet from the structures. He further stated most Commercial/Industrial structures are sprinkled and 150 feet of hose maintains an adequate water pressure. He further stated the probability of a fire in this type of structure is greater, and he read the proposed change to the language for the record. Mr. Davis stated based on the staff and volunteer capabilities of the Windsor- Severance Fire Protection District, it was determined that they can handle a fire on a structure of up to 5,000 square feet; however, a larger fire requires more personnel. He stated structures larger than 5,000 feet are required to have a sprinkler system, or there is the option of constructing an area separation wall to divide the building into two separate fire areas. He explained this is not as conducive regarding cost, and developers are more likely to add a sprinkler system, which usually results in a payback from insurance companies. Mr. Davis clarified this requirement applies to Commercial/Industrial structures only. He stated they follow the code regarding fire flow requirements on residences which exceed 5,000 feet. There are some situations in rural areas where sprinklers are requested due to the limited water supply or low water pressure. In response to Commissioner Vaad, Mr. Davis stated the R-3 classification is for Minutes, September 17, 2001 2001-2619 Page 2 BC0016 single family residences and R-1 is multi-family. Responding to Commissioner Masden, Mr. Davis stated if structures are within five miles of one of the fire departments, they receive a better insurance rating based on the increased service. He further stated they currently have four paid positions and the remaining personnel are volunteers. Responding to Commissioner Vaad, Mr. Davis gave a brief description of the Fire Protection District boundaries, and stated the District's primary goal and purpose is to better serve the public. In response to Commissioner Long, Mr. Davis stated the Walmart Distribution Center is not within their service boundary; it is serviced by the City of Loveland Fire Department. He stated they try to remain consistent with what the other surrounding fire districts are requiring to assist the builders and property owners who must follow the code. Mr. Davis stated in 2003 they would like to work with the other districts in an effort to have each of them adopt a very similar code. In response to Commissioner Vaad, Mr. Barker stated Jeff Reif, Weld County Department of Building Inspections, did review this proposal and expressed no concerns. He clarified the Board is currently using the 1997 codes, so this would provide further consistency. Commissioner Vaad moved to consent to enforcement of the 1997 Uniform Fire Code and Standards, with amendments, by the Windsor-Severance Fire Protection District. Commissioner Long seconded the motion, which carried unanimously. EMERGENCY ORDINANCE#223-A, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2001: Mr.Warden stated this is the first Supplemental Appropriation for the 2001 Budget. He stated there will be a second one done in December for closeout. Mr.Warden reviewed the various funds to receive the additional funds, and stated the Ordinance has been read by tape and published in the County newspaper, and he recommends approval. No public testimony was offered concerning this matter. Commissioner Masden moved to approve Ordinance #223-A on an emergency basis. Commissioner Vaad seconded the motion, which carried unanimously. PLANNING: CONSIDER SUBDIVISION EXEMPTION #876 - ROSS BACHOFER (CON'T FROM 07/23/01): Lauren Light, Department of Planning Services, stated this Subdivision Exemption was applied for in conjunction with Recorded Exemption #3023, which was approved by staff on May 11, 2001. She gave a brief description of the location of the site,which is 19 acres in size. She stated this request was continued from July 23, 2001,to allow further review of the case by staff to determine if one of the two existing residences was permitted or if it is a nonconforming use. Ms. Light stated the County Attorney's Office has determined that the residence located to the north is a nonconforming use. She further stated the parcels are accessed by crossing a neighboring property to the east, and the access easement was established in 1955. Ms. Light explained the South Platte Supply Canal runs along the northern border of the parcel, which restricts direct access to the property. Ms. Light stated staff recommended the applicant place one residence on each Recorded Exemption lot; however,that does not allow for an additional building site as desired by the applicant. She stated the Recorded Exemption was administratively approved, with the conditions that the Subdivision Exemption request be withdrawn. She further stated as approved, the Recorded Exemption allows for two houses on one lot, and creates an additional building site. She stated the northern house would remain a nonconforming use, as it is presently. Ms. Light reviewed the reasons for denial as indicated in the Administrative Review, and stated staff does not support allowing three lots on 19 acres, and gave a brief description of the surrounding uses. Don Carroll, Department of Public Works,stated the parcels are accessed by crossing an adjacent property and he submitted documentation, marked Exhibit A, which shows the applicant has a legal access. Chair Geile advised Ross Bachofer, applicant, that he has the option of continuing this matter to a date when the full board will be present. However, if he decides to proceed today, it will require three affirmative votes. Mr. Bachofer indicated he would like to proceed today. Mr. Bachofer stated this request is consistent with other activities in the area because some of his neighbors have split off small parcels to sell. He stated the property was purchased in 1969 and the two homes were there prior to zoning. He explained Recorded Exemption #1113 for the junkyard was Minutes, September 17, 2001 2001-2619 Page 3 BC0016 approved June 5, 1990; however, he did not realize the plat still needed to be recorded. Mr. Bachofer stated the site has adequate water wells and the proposed Subdivision Exemption lot is an ideal location for a house. He further stated staff has indicated he is only allowed to record the recently approved Recorded Exemption#3023 or the old Recorded Exemption#1113, but not both. Mr. Bachofer stated the Code indicates there is a ten-year period from when a Recorded Exemption is approved before a property owner can apply for another Recorded Exemption. He noted there is no reference to recording a plat before the time period begins, therefore, he feels both should be allowed. Mr. Bachofer read a letter for the record, marked Exhibit C. Mr. Bachofer stated the concern regarding access has been addressed,and added that if Recorded Exemption #1113 is vacated, the land will revert back to Agricultural zoning. He further stated eliminating the junkyard will reduce the amount of traffic generated at this site, and the proposed lots exceed the 2.5-acre minimum. Michael Bachofer, applicant's son, stated under this request, they would continue to use the existing access rather than create more. He expressed concern with staffs position that approval of this request will create an additional building site. Mr. Bachofer stated the nonconforming use will not be allowed to rebuild if damaged or destroyed;therefore,they need the Subdivision Lot to create an additional lot,which will result in the same number of residences if the nonconforming is ever eliminated. In response to Chair Geile, Mr. Carroll stated the South Platte Supply Canal parallels the front side of the property, so the applicant crosses the adjacent property for an access. Mr. Carroll submitted the documentation, marked Exhibit A, regarding the access which is 60 feet in width and extends from Weld County Road 18. In response to Commissioner Vaad, Mr. Bachofer, Jr., indicated the location of the driveway, and stated the nonconforming residence is located to the north, and both houses are occupied. Mr. Bachofer stated the approved Recorded Exemption,approved in 1990,is for the noncommercial junkyard,and it uses the same access. Following discussion as to whether the old Recorded Exemption will allow for additional buildable lots, Mr. Barker stated the applicant must choose whether he desires to divide the property as indicated in this request, or withdraw and proceed with the old Recorded Exemption approved in 1990; he cannot be allowed both. Chair Geile stated the Board can only consider the Subdivision Exemption today as listed on the Agenda. In response to Mr. Bachofer, Mr. Barker stated if the Subdivision Exemption is approved today, the old Recorded Exemption will no longer be an option. Mr. Bachofer, Jr., stated Recorded Exemption#3023 requires them to vacate the old Recorded Exemption;therefore, he feels all of the issues should be considered at this time. Responding to Mr. Barker, Ms. Light stated the language should be clarified to state"withdraw' rather than "vacate." She explained there is limited documentation regarding Recorded Exemption #1113 because it was conditionally approved as a result of a court case. She reiterated the approval of Recorded Exemption #3023 requires the applicant to withdraw the previous permit because they cannot record two Recorded Exemptions at the same time. Mr. Barker confirmed that if this matter is approved in conjunction with Recorded Exemption#3023,then Recorded Exemption#1113 will not be recorded by staff. He stated recording the old Recorded Exemption would result in superimposing a Recorded Exemption on top of another Recorded Exemption. In response to Chair Geile, Mr. Bachofer stated he would like to proceed with the current request, and Mr. Bachofer, Jr., stated they have reviewed and agree with the Conditions of Approval. Responding to Commissioner Long, Ms. Light stated for the purposes of this hearing the boundary of Recorded Exemption #1333 approved in 1990 does not exist as a recorded parcel. In response to Commissioner Vaad, Mr. Barker stated the junkyard can be removed by giving up the nonconforming use. Ms. Light added Recorded Exemption #3023 has a Condition of Approval requiring the applicant to provide documentation that the junkyard is operating, otherwise, the use will be considered abandoned and will not be allowed. Mr. Barker stated recording the old Recorded Exemption at some date in the future will result in superimposing two more lots on the site, which will not be allowed. Mr. Bachofer, Jr., stated without approval of this request, there is no motivation to remove the junkyard. Mr. Barker confirmed that because the old Recorded Exemption was not recorded, the junkyard is not an allowed use. In response to Mr. Bachofer, Jr., Mr. Barker stated the applicant is not allowed to do a correction to the current Minutes, September 17, 2001 2001-2619 Page 4 BC0016 Recorded Exemption to create a new lot. In response to Commissioner Vaad, Mr. Barker stated the current request will allow the existing improvements to remain and clear the nonconforming use on the second residence. In response to Commissioner Vaad, Ms. Light stated if the Subdivision Exemption is denied, there are no time restrictions on reapplying for a Minor Subdivision; however, there are problems with access and water. Mr. Barker stated a redesign of the proposal would have to go through the Substantial Change process. Mr. Bachofer stated a Minor Subdivision would not be a likely option because the closest public water supply is approximately 1.5 miles away. Commissioner Vaad moved to approve Subdivision Exemption#876 for Ross Bachofer,with the Conditions of Approval as proposed by staff. Commissioner Long seconded the motion. Commissioner Vaad commented that although this approval is not under the best of circumstances, he appreciates the applicant's offer to remove the junkyard. He understands the applicant's request; however, the old Recorded Exemption was not recorded, therefore, it will now need to be eliminated. Commissioner Vaad commented the Minor Subdivision process would have been better;however,it may not have been feasible to obtain the necessary water or access. He further stated the junkyard will need to be removed voluntarily, or the Board will be required to take enforcement measures because it does not exist legally. Chair Geile commented there needs to be some creative thinking on how to address the junkyard and he supports the motion. Commissioner Masden commented approval of the Subdivision Exemption removes the old Recorded Exemption, and he would like to have the junkyard addressed as soon as possible. The motion carried unanimously. CONSIDER RECORDED EXEMPTION #2818 - CLINT DEPORTER: Kim Ogle, Department of Planning Services,gave a brief description of the location of the site,and stated the applicant is proposing a flagpole lot. Mr. Ogle stated six referral agencies responded favorably and one did not respond. He further stated the Department of Planning Services recommends denial for the reasons indicated in the Administrative Review. Mr. Ogle displayed two alternative lot configurations. One proposes to have the flagpole access line up with the center section line, and the other is to extend the proposed lot down to the County road. Don Carroll, Department of Public Works, stated the distance from Weld County Road 27 to the access proposed by the applicant is approximately 2,000 feet,and there is adequate sight distance at this location. He further stated the access point proposed by staff is also adequate; however, he recommends it be located at the crest of the hill. In response to Commissioner Vaad, Mr. Ogle stated the map is deceiving, and confirmed a sliver parcel will not be created under this proposal. Chair Geile advised Ken Lind, applicant's representative, that the applicant has the option of continuing this matter to a date when the full board will be present. However, if they decide to proceed today, it will require three affirmative votes. Mr. Lind indicated they would like to proceed today. He submitted photographs of the site at the access supported by staff, as well as the access requested by the applicant, marked Exhibits A through F. He stated the site supported by staff is a poor location due to drifting in the winter months; however, the site proposed by the applicant will not be affected by winter conditions. Mr. Lind submitted a map, marked Exhibit G, indicating the applicant also owns approximately 500 acres surrounding the proposed site, and the family has owned the land for 80 years. He stated the 80-acre parcel was created with the intent of providing a building site for a family member without being restricted by the ten-year rule. He stated the applicant is also willing to use an access located in the center of the parcel, and he submitted photographs of that proposal, marked Exhibits H through J. Mr. Lind explained a flaglot is proposed because a larger parcel extending down to the road will create financing difficulties. He further stated Condition of Approval#4.B indicates there will be a shared well; however, that is not the case. He stated aside from that minor change, the applicant has reviewed and agrees with the Conditions of Approval. No public testimony was offered concerning this matter. Mr. Carroll stated he does not support the center access because there is not adequate stopping distance from the crest of the hill to the center access point. In response to Commissioner Vaad, Mr. Ogle stated Minutes, September 17, 2001 2001-2619 Page 5 BC0016 the minimum width of the flagpole lane is 30 feet. (Clerk's Note: Commissioner Jerke is now in attendance.) In response to Chair Geile, Mr. Lind stated he has no objections to Commissioner Jerke participating in the remainder of the proceedings. He further stated the proposed access is 75 feet in length and there will be 30 feet between the western boundary of the proposed lot and the mid-section line. He reiterated the size of the proposal is based on the amount of financing necessary, and explained a parcel larger than ten acres requires agricultural financing. He stated the area south of the new parcel will still be used for grazing of animals. In response to Commissioner Vaad, Mr. Lind reiterated the applicant would prefer approval of the eastern access. Commissioner Long stated the east access makes more sense due to the winter road conditions. Commissioner Long moved to approve Recorded Exemption#2818 for Clint DePorter,with the Conditions of Approval as recommended by staff, with the access located as proposed by the applicant. Commissioner Vaad seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. 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 10:55 a.m. BOARD OF C UNTY COMMISSIONERS WELD CO Y, COLORADO E La 27i ii-LY ATTEST: 44441 M. J. eile, Chair Ol t Weld County Clerk to the �', i� �r1/4; EXCUSED 9 I Glenn Vaad, Pro-Tem BY: ,. ✓_ `�.G1%��1 l ' � 1 Deputy Clerk to the Board �at ;r cS Wi . Jer e caw, v'dE. Lo g Robert D. Masden Minutes, September 17, 2001 2001-2619 Page 6 BC0016 Hello