HomeMy WebLinkAbout20002243.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 18, 2000
TAPE #2000-27
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 18, 2000, 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 Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
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 Baxter moved to approve the minutes of the Board of County Commissioners
meeting of September 13, 2000, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings
conducted on September 13, 2000, as follows: 1) Planned Unit Development Final Plan, S#525- Beebe
Draw Farms, Second Filing, c/o Jim Fell, REI, LLC. Commissioner Vaad seconded the motion, which
carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2000-2243
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $543,778.81
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Commissioner Baxter moved to approve said entry. Commissioner Vaad seconded the
motion, which carried unanimously.
CONSIDER RECONFIGURATION OF INTERSECTION AT WELD COUNTY ROADS 19 AND 74, AND
APPROVE INSTALLATION OF TRAFFIC CONTROL DEVICES AT SAID INTERSECTION: Frank
Hempen, Jr., Director of Public Works, stated there have been complaints regarding excessive signage
at the intersection of Weld County Roads 19 and 74. He stated the Department of Public Works
conducted a traffic study and recommends reconfiguring the intersection of Weld County Roads 19 and
74 into a Tee configuration,and to install"Stop"and"Yield"signs on Weld County Road 74 at Weld County
Road 19. In response to Commissioner Vaad, Mr. Hempen stated warning signs will be posted to notify
the traveling public of the change. Commissioner Vaad moved to approve said reconfiguration and
installation of traffic control devices. Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner Hall
moved to appoint Linda Chase to the Child Protection Citizen Review Panel as a regular member with a
term expiring March 4, 2003, and to appoint James Whiting to said board as an alternate member with a
term expiring March 4, 2002. Commissioner Baxter seconded the motion, which carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER RECORDED EXEMPTION #2789 - DONALD AND JOAN ROTHARMEL (CON'T FROM
08/14/2000): Commissioner Geile advised Gary Gettman,applicants'representative,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, or in the case of a tie vote, Commissioner Kirkmeyer will listen
to the record and make the determining vote. Mr. Gettman indicated, on behalf of the applicants,that they
would like to proceed today because this matter has already been continued once; however, the planner
has indicated this matter was going to be continued again due to changes in the application. Chris
Gathman, Department of Planning Services, stated this matter was reconsidered by staff in conjunction
with Subdivision Exemption #839, and the necessary documents have been prepared for the Board,
therefore, he is not opposed to proceeding with the hearing today. Commission Geile also called up
Subdivision Exemption #839 to be considered in conjunction with Recorded Exemption #2789.
Mr. Gathman gave a brief description of the location of the site and he reviewed staff's concerns regarding
this application as indicated in the Administrative Review. Mr. Gathman stated staff recommends an
easement be deeded to Lot A, which could also be used by the Subdivision Exemption lot through an
access agreement. He stated the applicant is opposed to this proposal because the existing road is a
perpetual easement that is used for agricultural purposes. In response to Commissioner Vaad, Mr.
Gathman indicated the location of the residence on proposed Lot B, and the house and out buildings on
the Subdivision Exemption lot, and stated there are no improvements on proposed Lot A. In response to
Minutes, September 18, 2000 2000-2243
Page 2 BC0016
Commissioners Hall and Baxter, Mr. Gathman stated without the access easement, Lot A is approximately
2 acres in size, and explained the applicant is opposed to staff's recommendation because the perpetual
easement is used to access the existing homes within the proposed Subdivision Exemption,and future use
disputes with the owners of Lot A might cause access problems. He further stated most of the property
is used for crops or pasture. In response to Commissioner Geile, Mr. Gathman stated there are currently
two accesses on Weld County Road 76.
Mr. Gettman stated the applicants are concerned with staff's proposal to use the existing road to access
Lot A and the Subdivision Exemption lot. He stated the perpetual easement parallels the quarter section
line, there are utilities along the easement, it has adequate drainage and width to be used as an access,
and the applicants understand that they must provide maintenance in accordance with the Maintenance
Agreement. Mr. Gettman stated the main concern with deeding the easement to be part of Lot A is that
the applicants use the road for moving agricultural equipment to the northern portion of their property. Mr.
Gettman stated the western access serves the main house, and the house located within the Subdivision
Exemption lot is accessed from the easement. He further stated the recorded easement has been
sufficient and he is not sure why it needs to be deeded as part of Lot A. In response to Commissioner Hall,
Mr.Whitman stated the applicants chose the location of LotA because it is non-prime farmland,and added
the sale of that parcel will help reduce farm dept, because they intend to continue farming the remainder
of the property. Responding to Commissioner Baxter, Bruce Barker, County Attorney,stated an easement
agreement among the three property owners would be sufficient because the access easement would be
shown on the plat for use by all three properties. In response to Commissioner Hall, Mr. Gathman
explained Lot A, as proposed by the applicant, will create a vacant island lot, and Lot B would have a
principal dwelling and a non-conforming use which could not be replaced if destroyed. Therefore, staff
recommended a Subdivision Exemption lot to separate the two residences to allow for future improvements
if necessary. Responding to Commissioner Geile, Mr. Barker stated the access agreement would be
dedicated on the plat for the use as shown, and Condition of Approval #2.D indicates evidence of an
access agreement among all involved property owners must be submitted to staff. He clarified that, even
if one of the lots is sold, the new property owner can sign the agreement as part of the purchase. In
response to Commissioner Geile, Mr. Gettman stated there is an overhead powerline along the access
road. No public testimony was offered concerning Recorded Exemption#2789 or Subdivision Exemption
#839. Responding to Commissioner Geile, Mr. Gettman stated he and the applicants have reviewed and
agree with the Conditions of Approval as presented by staff. In response to Commissioner Baxter, Mr.
Gettman stated a family member currently lives in the house located on the Subdivision Exemption lot.
Commissioner Vaad moved to approve Recorded Exemption #2789 with the Conditions of Approval as
recommended by staff. The motion was seconded by Commissioner Baxter. Commissioner Vaad stated
Lot A is not farmable, and therefore this application promotes preservation of the remaining agricultural
land. Commissioner Baxter stated he concurs with Commissioner Vaad. Responding to Commissioner
Baxter, Mr. Barker stated the language in Condition of Approval #2.0 is sufficient because the Board is
not requiring the access to be deeded as part of Lot A as proposed by staff. Commissioner Hall stated
he is opposed to the motion because it will create an island lot which is not efficient and orderly
development, and it may lead to future owner disputes regarding access. In response to Commissioner
Geile, Mr. Gathman stated the Conditions of Approval as proposed correspond with the intent of the Board
to keep the perpetual easement with the understanding that all three property owners will enter into an
access agreement. Upon a call for the vote, the motion carried with Commissioner Hall opposed.
PLANNING NEW BUSINESS:
CONSIDER SUBDIVISION EXEMPTION #839 - DONALD AND JOAN ROTHARMEL: Commissioner
Baxter moved to approve Subdivision Exemption #839 with the Conditions of Approval as recommended
Minutes, September 18, 2000 2000-2243
Page 3 BC0016
by staff. Commissioner Vaad seconded the motion. Mr. Barker suggested the first sentence of Condition
of Approval #2.6 be amended to add the words "of Recorded Exemption#2789" after"Lot B" so that it is
specific, and replace "Lots A and B"with "The Subdivision Exemption lot' in Condition of Approval #2.E.
Mr.Barker reviewed the proposed changes for the applicants'representative,who indicated his agreement.
Commissioner Vaad stated he has considered Commissioner Hall's statements regarding the creation of
an island lot; however, he feels the easement agreement will clarify that the access is for both Lots A and
B, as well as the Subdivision Exemption lots, and the terms of the agreement will be difficult to dispute.
Upon a call for the vote, the motion carried with Commissioner Hall opposed.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR LINDIES LAKE FINAL PLANNED
UNIT DEVELOPMENT, S #488 - BILL HALL: Don Carroll, Department of Public Works, stated at the
request of the applicant, he performed a site investigation of the various improvements which have been
in place for one year with no repairs needed, and he recommends release of remaining 15 percent
collateral which was retained, in the amount of$10,000.00. Commissioner Baxter moved to cancel and
release said collateral. The motion, which was seconded by Commissioner Hall, carried unanimously.
CONSIDER RECORDED EXEMPTION #2781 - DALE AND LYNN JOHNSON: Robert Anderson,
Department of Planning Services,gave a brief description of the location of the site,which has a residence
and several outbuildings. Mr.Anderson stated five referral agencies reviewed this proposal and submitted
conditions of approval. He stated Department of Planning Services staff recommends denial based on
concerned referral responses, the application is not consistent with the A (Agricultural) Zone District, it
does not promote efficient and orderly development, and it will create a flaglot configuration of an island
lot. Mr. Anderson requested a new Condition of Approval #2.H to state, "The applicant shall address the
requirements of School District RE-1J as stated in its referral response" and reletter the subsequent
paragraphs. Mr. Anderson stated staff's primary concern is with access to the proposed Lot A. In
response to Commissioner Baxter, Mr.Anderson stated the proposed lots would be 33 and 2 acres in size,
and the area is currently used for pasture. Mr. Anderson indicated the proposed access to Lot A consists
of an oil and gas access,which is dedicated by an easement, as well as a ditch easement extending north
from the oil and gas easement. Responding to Commissioner Geile, Mr. Anderson stated the access
would not be restrictive; however, staff recommends the applicant contact the oil and gas company to
ensure that the easement is also designated for residential use. Responding further to Commissioner
Geile, Mr. Anderson indicated the location of improvements and access to proposed Lot B on the west.
Commissioner Geile advised Dale and Lynn Johnson, applicants, that they have 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,or in the case of a tie vote, Commissioner Kirkmeyerwill listen to the record
and make the determining vote. Mr. Johnson indicated he would like to proceed today.
Mr. Johnson stated he has resided at this site for 28 years, and this request is to split off 1.9 acres,
designated as Lot A. Mr. Johnson submitted maps, marked Exhibits A and B, and stated the location for
Lot A was chosen because it is not prime farmground and an access already exists. Mr. Johnson reviewed
the exhibits to provide orientation of the improvements on the property. He stated the proposed location
of Lot A is nice but he is willing to discuss the alternate location marked site B on Exhibit B, which would
have a shorter access road. Mr.Johnson reviewed Exhibit A, indicating the locations of surrounding uses,
improvements, and accesses. In response to Commissioner Baxter, Mr. Johnson stated the smaller
parcel will either be sold to one of his children, or to a private party, and added the profit will be used for
the benefit of the remaining farm. In response to Commissioner Geile, Mr. Johnson stated either of the
proposed smaller lot locations would be acceptable to him and they would not hinder farm production. In
response to Commissioner Vaad, Mr.Johnson stated site B,as indicated on Exhibit B, has domestic water
Minutes, September 18, 2000 2000-2243
Page 4 BC0016
and he would be willing to sell the water rights to the future owner, and the farm is irrigated with sprinklers.
Responding to Commissioner Hall, Mr. Johnson clarified whichever site is approved, it will be 1.9 acres,
and added upon further consideration he would prefer site B because it would address the access issue
and it is less productive than site A. Mr. Anderson stated the ideal location would be north of and adjacent
to Weld County Road 16.5; however, that is prime farmground. As proposed by the applicant, site B will
still create an island lot with poor access. No public testimony was offered concerning this matter.
Commissioner Vaad commented either site would promote preservation of agricultural land, site B on
Exhibit B is less productive, it accommodates staff's initial concern by creating only a small extension of
an existing access road, and the easement would be designated on the plat for use as an access.
Commissioner Vaad moved to approve Recorded Exemption #2781 with the Conditions of Approval as
recommended by staff, with the understanding that Lot A be designated in the location shown as site B
on Exhibit B. Mr. Barker commented the Board needs to be aware that the referral responses were based
on the initial location of Lot A, not the site that is now being proposed. Commissioner Baxter seconded
the motion and stated the proposed site will preserve prime farmground. Commissioner Geile proposed
the motion be amended to include staffs recommendation to add a new Condition of Approval #2.H and
reletter. Commissioners Vaad and Baxter agreed to amend the motion. Commissioner Hall stated the
purpose of Recorded Exemption is to maintain agricultural uses and this proposal splits off an additional
piece of land from a small agricultural parcel. In response to Commissioner Geile, Mr. Johnson stated he
has reviewed and agrees with the Conditions of Approval as discussed. Upon a call for the vote, the
motion carried with Commissioner Hall opposed.
CONSIDER ZONING PERMIT FOR A MOBILE HOME #2218 FOR A SELF-CONTAINED CAMPER TO
BE USE AS A PRINCIPAL DWELLING - RICHARD KUEHNE: Wendi Inloes, Department of Planning
Services, gave a brief description of the location of the site, and stated there is a modular with a septic
system located on Lots 11 and 12,owned by the applicant's daughter. Ms. Inloes stated staff recommends
denial of this application for reasons as indicated in the Administrative Review, and added the Department
of Public Health and Environment also has concerns. In response to Commissioner Baxter, Ms. Inloes
stated there is no record of this type of request being presented in the past, nor has a self-contained
camper been defined as a mobile home except for during a temporary use. In response to Commissioner
Hall, Trevor Jiricek, Department of Public Health and Environment, stated he has concerns with this
proposal because a septic system is required for a permanent site. Ms. Inloes stated the applicant is
proposing to use his daughter's water supply.
Commissioner Geile advised Richard Kuehne, 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, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make
the determining vote. Mr. Kuehne indicated he would like to proceed today.
Mr. Kuehne stated his motorhome meets the definition of a motorhome because it is longer than 32 feet,
and wider than eight feet. He stated staff directed him to delay in applying for a water tap or septic permit
until the outcome of this hearing was determined. He stated the average consumption while living in the
motorhome is nine to ten gallons per day, and he explained the motorhome will not be permanent. He
stated he applied for a Mobile Home Permit because there is no other type of classification that would
remotely allow for this type of proposal. Mr. Kuehne reiterated his motorhome meets the definitions of a
recreational vehicle and a mobile home, which he read into the record. He stated he spoke with the
Department of Public Health and Environment which indicated his daughter's septic system and water
supply on Lots 11 and 12 would be sufficient if they were to move in, therefore, he would like to hook his
motorhome to the septic system and water supply.
Minutes, September 18, 2000 2000-2243
Page 5 BC0016
In response to Commissioner Baxter, Mr. Barker stated there is no specific definition for a motorhome;
however, it does meet the definition of a recreational vehicle. He clarified that the definition of a
recreational vehicle is defined as not exceeding 8 feet in width, or 32 feet in length, and a mobile home
is defined as meeting or exceeding those measurements; therefore, Mr. Kuehne's motorhome does not
qualify as a recreational vehicle. Ms. Inloes and Mr. Kuehne submitted photographs, marked Exhibits A
and B. In response to Commissioner Vaad, Mr. Jiricek stated the applicant could connect the motorhome
to the existing septic system; however, it would need to be reviewed by an engineer. Ms. Inlose stated
Lots 11 and 12 are serviced by the North Weld Water District. In response to Commissioner Hall, the
applicant indicated he is willing to install permanent hookups. (Switched to Tape#2000-28) Responding
to Commissioners Baxter and Hall, Mr. Kuehne stated his motorhome would be set up identical to those
parked in RV parks which are lived in all year, and he added there will be times when they will remove the
motorhome from the site.
Linda Tempert, surrounding property owner, expressed concern with approving this request and setting
a precedent. Ms. Tempert stated the Town of Gill has been working to improve the appearance of the
area, and although the applicant's motorhome is very nice, the precedent may allow for lesser quality
vehicles to move in at other sites. Ms. Tempert stated the applicant has been living at the site for
approximately one year and has left for short periods of time. She suggested they move in a mobile home
and use the motorhome for recreational purposes.
Dorothy Hamlet, surrounding property owner, stated the applicant has a nice camper and it is better than
some of the other residences in the Town of Gill. Ms. Hamlin referred to surrounding properties which
house animals which cause problems with water runoff and manure. In response to Commissioner Baxter,
Ms. Hamlin stated there are no animals on this site.
Duane Hamlet,surrounding property owner,stated the applicants'daughter has improved the appearance
of the lots, and he feels it would be sufficient to allow the applicant to connect to the residence tap and
septic system and then use the connection for a permanent structure in the future.
Stacey Cary,daughter of applicant,stated her husband works late hours and she would consider it a safety
factor to have her parents living nearby. She stated the motorhome is nice and clean and better than many
of the other residences in town. There being no further testimony, Commissioner Geile closed public
testimony.
In response to Commissioner Geile, Mr. Kuehne indicated concern with Conditions#1 and#2 because he
will not be needing a building permit and he can't live somewhere else while they are engineering the septic
and water hookups. Mr. Kuehne stated he agrees with the remaining Conditions of Approval. Responding
to Commissioner Vaad,Bethany Salzman,Zoning Compliance Officer,stated there are zoning and building
violations on this property, and if approved this may set a precedent which would make it difficult to cite
other structures which are not as nice as this one. Commissioner Baxter commented this type of vehicle
does not have a specific classification, and in this situation, it will not be permanent. He further stated this
particular motorhome is very nice, but the proposal does not conform with any of the Weld County
regulations. In response to Commissioner Geile, Mr. Barker stated approval of this permit would not
preclude Board from disallowing other applications because future applications must be compatible with
surrounding uses and have adequate septic and water facilities. Mr. Barker further stated approval of this
case would not be binding; however, it would be more difficult to deny future requests based on
consistency. Responding further to Commissioner Geile, Ms. Inloes stated motorhomes are inspected
when permitted as a temporary use during construction. In response to Commissioner Vaad, Ms. Inloes
stated the Water District may consider this a separate residence and require an additional water tap. Mr.
Minutes, September 18, 2000 2000-2243
Page 6 BC0016
Jiricek stated the septic hookup will need to be designed by an engineer because it will be serving two
dwellings and if approved, he requested the Board add a Condition of Approval regarding this matter.
Commissioner Vaad requested further discussion with the applicant regarding this recent discussion.
In response to Commissioner Vaad, Mr. Kuehne stated he is aware that, if approved, he would have to get
an engineered system and enter into a water agreement with the Water District, but does not understand
why that would be required since his daughter's residence is sufficient if they live within the four walls.
Commissioner Vaad stated he understands the applicant's logic; however, the Water District may not
agree and require a separate tap. Mr. Kuehne stated he does not intend for this to be a permanent
situation, rather, this was a proposal to help resolve their current financial problems. In response to
Commissioner Vaad, Mr. Kuehne stated they would not be able to pay for the cost of a tap. Responding
to Commissioner Geile, Mr. Kuehne stated he has not contacted the Water District. Commissioner Baxter
commented this appears to be more of a temporary use, than a permanent dwelling, and it does not
comply with any of the regulations. Commissioner Hall stated this is a recreational vehicle, not a
permanent principal dwelling, and he is concerned with setting precedent throughout the entire County,
because the motorhome will not be blocked or tied. He further stated the applicant has indicated they may
not be able to pay for a water tap if required, and Lot 10 could be sold which would result in a mobile home
permit on a piece of property that has no services.
Commissioner Hall moved to deny Zoning Permit for a Mobile Home, ZPMH #2218, for Richard Kuehne.
Commissioner Baxter seconded the motion. He expressed concern for the applicant's situation, but stated
the proposal does not comply with this type of permit because the motorhome will not be permanent, and
it does not meet the intent of the Zoning Ordinance. Commissioner Vaad commented he will support the
motion because this a zoning violation, approval of this request could set a precedent, and if denied the
zoning violation will proceed. The motion 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.
Minutes, September 18, 2000 2000-2243
Page 7 BC0016
There being no further business, this meeting was adjourned at 11:10 a.m.
BOARD OF COUNTY COMMISSIONERS
(/ / WELD COUNTY, COLORADO
ATTEST: �/ Wa449O! EXCUSED
uv�vl Barbara J irkmeyer, Chair
Weld County Clerk to the Bo. •4 5E La
y M. . G He ro-Tem
BY:
Deputy Clerk to the B.! d �
O eorg . Baxter
Dale K. Hall /
Glenn�a'd/ 44
Minutes, September 18, 2000 2000-2243
Page 8 BC0016
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