HomeMy WebLinkAbout20003202.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 18, 2000
TAPE #2000-38 & #2000-39
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, December 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
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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of December 13, 2000, as printed. Commissioner Hall seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on December 12 and 13, 2000, as follows: 1) Hearing to Consider Proposed 2001 Budget for
Beebe Draw Law Enforcement Authority District; 2) Hearing to Consider Final 2001 Budget; 3) A Site
Specific Development Plan and Use by Special Review Permit #1276, John Moser; 4) A Site Specific
Development Plan and Planned Unit Development Final Plan, S #554 - Idaho Creek, Kent Carlson; 5)
Change of Zone #553, Albert Challenger; and 6) A Site Specific Development Plan and Use by Special
Review Permit #1289, Terry Dye, Dyelands Dairy LLC, c/o AgPro Environmental Services, LLC.
Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2000-3202
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $516,992.22
Electronic Transfers - All Funds $593.68
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 500 PERSONS ON
MAY 20, 2001: Bruce Barker, County Attorney, stated this is an event for Make- A-Wish Foundation.
Buton Rudzik stated this is a poker run on motorcycles, with cards being picked up in five different
locations, and the last stop being Dandy Acres Painted Horse Farm where a barbeque meal is provided
with live entertainment. Commissioner Vaad moved to approve said application. The motion,which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MAKE-A-WISH FOUNDATION OF COLORADO: Mr. Barker stated this is the application for the liquor
license for prior item of business. Mr Rudzik stated there is no gambling involved; however, door prizes
are awarded, and the date of the event is May 20, 2001. Mr. Barker recommended approval.
Commissioner Vaad moved to approve said permit and authorize Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER CONTRACT FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated
this is a long-term grant with a term of January 1, 2001 through December 31, 2001. Commissioner Hall
moved to approve said contract and authorize Chair to sign. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER TASK ORDER FOR HIV COUNSELING AND TESTING AND AUTHORIZE CHAIR TO SIGN:
Dr. Mark Wallace, Director of Public Health and Environment, stated this is an addition to the Master
Agreement with the Colorado Department of Public Health and Environment, and will allow continuation
of HIV counseling and testing. Term of agreement is January 1, 2001, through December 31, 2001.
Commissioner Geile moved to approve said task order and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER TASK ORDER FOR HIV INTERVENTION AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace
stated this is also an addition to the State Master Agreement. It will continue education and prevention
services to both individuals and groups, as well as provide public information services. Term of said
agreement is January 1, 2001, through December 31, 2001. Commissioner Hall moved to approve said
task order and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 55 AT
WELD COUNTY ROAD 20: Frank Hempen, Jr., Director of Public Works, stated this is the result of a
citizen complaint regarding the intersection of Weld County Roads 55 and 20. He stated there is a
significant sight distance obstruction at the uncontrolled intersection. He recommended placement of
"Stop"signs on Weld County Road 55 at Weld County Road 20. Commissioner Baxter moved to approve
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Page 2 BC0016
installation of said devices. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDERAMENDMENTTO LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN -TOWN OF SEVERANCE: Mr. Barker stated this is the agreement with the Town of Severance
for law enforcement services, and it changes the rate to$35. Commissioner Vaad moved to approve said
amended agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER RESOLUTION RE: TRANSFER AND EXCHANGE OF CABLE TV FRANCHISE FROM
COMCAST COLORADO HOLDINGS, LLC, TO AT&T CORPORATION: Cyndy Giauque stated both
companies currently have franchises; however, Comcast wants to get out of this area and AT&T would
take over for them. Commissioner Vaad moved to approve said draft resolution. The motion,which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER LICENSE CONTRACT FOR TRAIL ACCESS AND AUTHORIZE CHAIR TO SIGN -
COLORADO DEPARTMENT OF TRANSPORTATION: Mr. Barker stated this contract is for right-of-way
area needed to access the Kodak portion of the Poudre River Trail, and recommended approval.
Commissioner Vaad moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -A KID'S PLACE:
Mr. Warden stated items ten through seventeen are agreements with outside agencies which were
approved during the budget work session process. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY
SENIOR CITIZEN COORDINATORS: Commissioner Baxter moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENTAL SERVICES, INC.: Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -RADIO READING
SERVICE OF THE ROCKIES: Commissioner Vaad moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CONVENTION AND VISITORS BUREAU: Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ECONOMIC
DEVELOPMENT ACTION PARTNERSHIP: Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN
COLORADO ANIMAL LEAGUE: Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously
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Page 3 BC0016
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - OUTREACH
UNITED RESOURCES: Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Baxter, the motion carried unanimously
CONSIDER RESOLUTION RE: 2001 AMOUNT TO BE PAID FOR INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr. Warden stated the agreement between the City of Greeley and Weld
County regarding the Island Grove Park requires an annual fee to be set by the Board operations and
capital improvements. Commissioner Vaad moved to approve said draft resolution. Seconded by
Commissioner Geile, the motion carried unanimously
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE #213-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 2000: Mr. Warden stated the final supplemental appropriation for the year 2000 must be
published prior to first reading of said ordinance. Commissioner Baxter moved to approve said draft
resolution. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: CANCELLATION OF BOARD OF COUNTY COMMISSIONERS
MEETING SCHEDULED FOR JANUARY 24, 2001: Commissioner Vaad moved to approve said draft
resolution. Seconded by Commissioner Geile, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF SPECIAL USE PERMIT,SUP#349-HEITMAN: Sheri Lockman, Department
of Planning Services, stated SUP#349 was for a hog operation which is no longer on site. As the result
of a recently approved Recorded Exemption, the applicant is requesting vacation. Commissioner Baxter
moved to approve the vacation of Special Use Permit, SUP #349. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,SPR#307-
SKYWAY DRIVE, LLC, CIO WENDELL PICKET: Kim Ogle, Department of Planning Services, stated on
December 11, 2000, he conducted an on-site investigation and has no conflict with the landscape
improvements. He stated Don Carroll, Department of Public Works,indicated no concerns with the release
of said collateral. Commissioner Baxter moved to approve said release. The motion,which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER ZPMH #2231 - MARK AND JODY HILL: Wendy Inloes, Department of Planning Services,
stated the applicant did not obtain signatures from 70 percent of the surrounding property owners. She
said the Department of Planning Services recommends approval of this request. Responding to
Commissioner Geile and Hall, Ms. Inloes stated this is a 1/2-acre parcel, outside the platted town of
Roggen, and there is a sugar factory on the south of subject property, with vacant land and residences,
which are a mixture of stick and mobile homes,surrounding the property. Mark Hill, applicant,stated there
are both stick built and manufactured homes in the area. Responding to Chair Kirkmeyer Mr. Hill indicated
he is working, so did not attempt to get the 70 percent of signatures. Rod Doren,adjacent property owner,
stated he lives west of subject property and is in favor of the application. Responding to Chair Kirkmeyer,
Mr. Hill stated he accepts the Conditions of Approval proposed by staff. Mr. Barker indicated this matter
was posted according to state statute, however, courtesy notices were not mailed ten days prior to this
hearing. Commissioner Baxter moved to approve the request of Mark and Jody Hill for ZPMH#2231,with
Conditions of Approval as presented. Seconded by Commissioner Geile,the motion carried unanimously.
CONSIDER ZPMH#2235-VICENTE MARTINEZ:Chair Kirkmeyer also called up ZPMH#2236 for Vicente
Martinez. Ms. Inloes stated these are for mobile homes to be used as principal dwellings, for which the
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applicant did not submit 70 percent of the surrounding property owners'signatures. Ms. Inloes stated staff
recommends approval,although she has received phone calls from two surrounding property owners with
concerns. Responding to Commissioners Hall and Geile, Ms. Inloes stated the phone calls indicated some
surrounding owners are concerned about the way in which Mr. Martinez leases properties without properly
maintaining them, and the subject lots are currently vacant. Vicente Martinez, applicant, stated the lots
are being set up with improvements and will be rented with the option to buy. Responding to
Commissioners Baxter and Hall, Mr. Martinez,stated he did not attempt to get the required signatures due
to lack of time, and that he has two water taps available through A.R.W.P., Inc. Responding to
Commissioner Geile, Mr. Martinez,stated there are no restrictions on the type of mobile home to be placed
there, but one is a 1995 model, and the other is a 1990 model, with both to be placed on blocks.
Responding to Chair Kirkmeyer, Mr. Martinez stated he owns 21 lots at Aristocrat Ranchettes and has no
violations. He stated he cleans up the lots every year, and he hires an individual to cut rye grass.
Donald Clamp, Jr., surrounding property owner in Aristocrat Acres, stated he owns the only lot in Block 24
that is not owned by Mr. Martinez. Mr. Clamp presented a letter to the Board, as well as photographs of
Mr. Martinez' properties and copies of letters sent to Mr. Martinez addressing the maintenance of said
properties, all marked Exhibit A, and reviewed the photographs and documents with the Board. He stated
Mr. Martinez is in the business of leasing lots for profit; however the lots are not properly maintained. Mr.
Clamp indicated there is no reason to believe Martinez will adequately maintain property or keep them in
sanitary condition when his history reveals he seldom does. He also stated most of the surrounding
properties are owner-occupied by individuals who take great pride in their homes. Mr. Clamp stated, at
a minimum, the Board should add a Condition of Approval, requiring appropriate landscaping in order to
make the lots an asset to the neighborhood. Donna Adams, surrounding property owner, presented 22
pictures of properties leased by Mr. Martinez, 8 pictures showing her own property, and two letters from
adjacent property owners, marked Exhibit B, C, and D, respectively. She stated she agrees with Mr.
Clamp's concerns, and that she lives across the street, in a very nice home where she would like to
remain. She indicated the terrible condition of the properties in the photographs, and requested denial by
the Board, or some stipulation that the junk will not be allowed to accumulate. Responding to
Commissioner Baxter, Ms. Adams stated she calls the fire marshal every year because of the weeds and
the influx of snakes, rats, and bugs, at which time Mr. Martinez is given a certain number of days to cut
the weeds; however, he does not cut the weeds until after the fire marshal initiates action.
Responding to Commissioner Geile, Mr. Martinez stated he places the mobile homes on the property,then
enters a lease agreement with the option to buy, which would be exercised within the next two years. He
also stated he has receipts to show weeds have been cut. Upon further questioning by Commissioner
Baxter, Mr. Martinez stated he has had one or two letters in the past five years regarding weeds, and that
he leases some lots with mobile homes and some lots that the mobile home is owned by the lessee, and
that he understands, as property owner, he is responsible for any trash or junk accumulating on these
properties, or any other code violation or non-commercial junkyard which may occur on the property.
Responding to Chair Kirkmeyer, Mr. Martinez stated the weeds were last cut in June of 2000, and that he
has receipts for the last four years. Mr. Martinez also stated he made no attempt to get the required
signatures. Responding to Commissioner Geile, who expressed the same concerns as the surrounding
property owners, Mr. Martinez stated he does not live in Aristocrat Ranchettes, and the subject properties
are currently empty lots which will have nice mobile homes placed upon them. He further stated they will
be leased with an option to buy, and he has met all the requirements and regulations of Weld County.
Responding to Commissioner Vaad, Ms. Inloes stated regarding Condition of Approval #4, if the mobile
home becomes derelict, it will be in violation and one option will be to remove from site; however, it will be
up to the Building Inspector to determine whether it is derelict. Ms. Inloes also indicated this is not a
routine Condition of Approval; however, it was added to these two cases because of the concerns of
surrounding property owners. Responding to Commissioner Vaad, Mr. Barker stated there are two actions
to be taken when one individual owns the personal property, and another owns property. The first option
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would be to pursue the derelict home through a Condition of Approval placed on the issuance of the permit,
which would only be against the owner of the real property. The second option would be a typical violation
which would be against both property owner and tenant. Responding to Chair Kirkmeyer, Mr. Barker
agreed if the owner of the real property were required to get the owner of the mobile home off said
property, it would require legal action to evict. Responding to Commissioner Geile, Chair Kirkmeyer stated
reasons for denial might be found in the Zoning Ordinance, specifically, Section 43.2.6.1.4 regarding the
general health, safety, and welfare of the inhabitants of the area, and Section 43.2.6.1.1 regarding
compatibility of the mobile home being in harmony with the character of neighborhood and its effects upon
the immediate area, as well as compatibility with the Weld County Comprehensive Plan. Responding to
Commissioner Baxter, Mr. Martinez stated if it falls into disrepair, he would issue a 30-day letter, and the
lessee would then be subject to eviction if it were not cleaned up. Commissioner Vaad clarified for Mr.
Martinez that any future action the County takes would be against him, Mr. Martinez responded that he
would have to hook up and remove the mobile home at the owner's expense, and agreed it will not be on
the lot if it gets to that condition. Responding to Commissioner Geile, Mr. Barker stated there is no
precedent for requiring landscaping as a Condition of Approval, and it would be difficult to enforce.
Commissioner Vaad moved to move to approve the request of Vicente Martinez for ZPMH#2236 with the
Conditions of Approval as presented. The motion was seconded by Commissioner Geile. Commissioner
Vaad stated the County has done a lot to clean up this area, and if it becomes a problem the Board will
expect vigorous enforcement of this condition. He indicated he is sympathetic of neighbors and concerns.
Commissioner Geile stated although he has similar concerns, the Conditions of Approval mitigate any
non-compliance with Section 43.2.6.1. Commissioner Hall stated he will vote against the motion since he
is concerned about the evidence presented by surrounding property owners and feels this will effect the
immediate area, as well as the past history which is indicative off what will occur. Commissioner Baxter
stated he also has concerns, but feels safeguards will alleviate concerns and leaves path for enforcement.
Responding to Chair Kirkmeyer, Mr. Martinez stated he agrees with the Conditions of Approval as
presented. Chair Kirkmeyer also noted there are two Conditions of Approval numbered as #9, which
should be corrected, making ten Conditions of Approval. She referenced Section 43.2.6.1.4 as reasons
for voting against the motion, because in looking at other properties they do seem to jeopardize the health,
safety, and welfare of the inhabitants, and that mowing once a year is not often enough to alleviate
concerns with weeds. On a roll call vote, the motion carried three to two, with Commissioner Hall and
Chair Kirkmeyer against the motion.
CONSIDER ZPMH #2236 -VICENTE MARTINEZ: Commissioner Vaad moved to approve the request
of Vicente Martinez for ZPMH #2236 with the Conditions of Approval as presented. The motion was
seconded by Commissioner Geile. Chair Kirkmeyer noted there are two Conditions of Approval numbered
as#9, which should be corrected. On a roll call vote, the motion carried three to two, with Commissioner
Hall and Chair Kirkmeyer voting against the motion.
Chair Kirkmeyer recessed the meeting for 1/2 hour because of a scheduling conflict.
CONSIDER RECORDED EXEMPTION#2911 - MARRS LAND AND CATTLE, LLP: Upon reconvening
Robert Anderson, Department of Planning Services, requested Recorded Exemption#2911 be withdrawn
since the applicant and the staff have reached a compromise. It was the consensus of the Board to hear
the case instead of sending it back for staff approval. Mr. Anderson stated this is a two-lot Recorded
Exemption, located north of Weld County Road 6 and east of Weld County Road 21. He stated it is zoned
agricultural, and is prime farmland with agricultural uses surrounding it. Mr. Anderson stated six referrals
were sent out and five responded,with two recommending Conditions of Approval. He further stated that
staff was concerned with the application for a 34.9-acre Lot A, causing fragmentation of prime farmland
into parcel sizes of questionable agricultural viability; however,the applicant has modified his request and
Lot A will be reduced to 10 acres in size, leaving Lot B at 110 acres. Joe Rutledge, applicant's
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Page 6 BC0016
representative, stated he has discussed the modification with the property owners, and they decided it is
more feasible to leave the existing home and outbuildings where they are with an existing access, rather
than creating a larger parcel. Responding to Chair Kirkmeyer, he stated the applicant accepts the
Conditions of Approval as presented. Don Carroll, Department of Public Works, stated in Condition of
Approval #2.A.1 Lot A should change to Lot B, and in Condition of Approval #2.A.2 Lot B should change
to Lot A. Mr. Anderson indicated Condition of Approval 2.D.would no longer be required with the smaller
Lot A. Commissioner Vaad moved to approve the request of Marrs Land and Cattle, LLP, for Recorded
Exemption #2911, with the Conditions of Approval as revised. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2872 - OLSON BROTHERS, LLC: Chair Kirkmeyer called up
Recorded Exemptions#2872,#2873, and#2874 for consideration together. Ms. Lockman stated all three
are within three miles of Milliken, Mead,Johnstown,and Berthoud,all three proposed Lot A's have existing
homes on them, all lots are irrigated farmland in corn and beets, and oil and gas structures exist on and
adjacent to#2874. Ms. Lockman stated Recorded Exemption#2746 was approved on an adjacent piece
of property in July of this year for this applicant, which is currently under review for a nine-lot Planned Unit
Development. She stated responses to referrals showed four with no conflicts and three who did not
respond. The Department of Public Works expressed concern about evasion of the Subdivision Ordinance
and submitted proposed conditions should the application be approved; the Town of Johnstown stated it
opposes any development application that will create enclaves in its urban growth area until an
Intergovernmental Agreement is in place; the Town of Milliken indicated it would like the Board to impose
an impact fee for the school district and that all the Recorded Exemptions together indicate urban sprawl,
not smart growth; and School District RE-5J requested the imposition of a cash in lieu of land dedication
fee in the amount of$750 to be paid directly to the school district at the time of the issuance of a building
permit. Responding to Commissioner Hall and Chair Kirkmeyer, Ms. Lockman stated these proposals,
along with the approval in July, create nine new lots, seven of which would be created if these three
applications are approved. She stated the applications are for 160 acres for RE #2872, 93 acres for
RE #2873, and 70 acres for RE #2874, with RE #2872 being a three-lot application. Ms. Lockman
indicated building envelopes for each property, and stated at this time, a total of 30 lots are proposed in
this 1-1/2 mile area. Responding to Commissioners Baxter and Hall, Ms. Lockman stated a PUD is more
applicable to the area, mainly because of its proximity to towns, although building envelopes take away
some concerns. Commissioner Hall questioned how the PUD process could be used to create seven lots,
and indicated that just because there are 30 in the area does not mean these seven should not have
independent consideration.
Todd Hodges, applicant's representative, stated these applications were submitted due to the failed
Amendment 24; and that all three applications meed the criteria of Sections 11.5.1.1 through 11.5.1.6 of
the Subdivision Ordinance. He requested the Board to look at each application individually, and indicated
the total acreage of the three is 322. Mr. Hodges stated RE #2872 is a three-lot Recorded Exemption;
Lot A holds the existing improvements; Lot B is 2.5 acres; and the building envelope for Lot C is in the
southwest corner of the property. He indicated existing improvements on the map,as well as a natural split
with a ditch on the property. Mr. Hodges stated RE #2873 is a request for two lots, and it lies north of
RE #2872. It consists of 93 acres and Lot A, which has existing improvements, is proposed as 5 acres.
He also stated it is consistent with Lot A of RE #2872 and that, by using building envelopes and placing
them on the road and using existing accesses, the applicant is improving consistent and orderly
development. Mr. Hodges stated RE #2874 is also two lots, with 70 acres. Lot A will hold the existing
improvements; there is an existing access on the south end; the applicant is looking at a potential pivot
sprinkler system, using the less productive property for residential, thus the placement of the proposed
building envelope. Mr. Hodges reiterated the applications are in compliance with Sections 11.5.1.1 through
11.5.1.6 of the Subdivision Ordinance, in that creating four additional building sites does not create urban
scale development; there is no existing Intergovernmental Agreement in place; it does not produce an
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Page 7 BC0016
enclave within Johnstown urban growth boundaries; and Milliken's request for an impact fee for the school
district has been accomplished through the Conditions of Approval. Mr. Hodges reiterated seven parcels
on 322 acres does not create an urban scale development;the applications are completely compatible with
the agricultural uses in the area;the request is in compliance with the Agricultural Zone District;the request
would allow continued ag use and Uses By Right as listed in the Zoning Ordinance. Through the Recorded
Exemption process and proposed Conditions of Approval, all 18 items listed in the Comprehensive Plan
have been met. Mr. Hodges summarized by saying the Recorded Exemption process is the best land use
process for these three properties, it will allow continued agricultural production and will also maintain
compatibility with the area.
Mr. Hodges requested consideration of Condition of Approval #2.G on Recorded Exemption #2873 and
Condition of Approval #2.E on Recorded Exemption #2874, stating the applicant requests this condition
not be part of the requirements prior to recording. He said there is water available and a tap can be
purchased, but the intent of the water district is not to create the need up front. Responding to Chair
Kirkmeyer, Mr. Hodges stated the existing homes share water tap#401. Ms. Lockman stated the condition
came from the Little Thompson Water district's referral response. Responding to Commissioner Hall, Mr.
Hodges stated the two existing homes on RE#2873 and RE#2874 share water tap#401,which will remain
with RE #2874. The applicant is willing to purchase a tap, but would like to have it not be required prior
to recording the plat, but upon transfer of the property. Chair Kirkmeyer stated one or the other Conditions
of Approval need to be reworded, and one should assure that water is available. Responding to
Commissioner Baxter, Mr. Hodges stated existing uses would be maintained and that it is currently
irrigated farm ground. The corner section will be removed through use of a pivot system, to make it more
efficient.
Gary Olson, applicant, explained the shared water tap on Recorded Exemptions #2873 and #2874 was
a result of the Little Thompson District being at the end of its district when the tap was first installed, and
that all three water taps are less than 1-1/4 inch. He stated he met with the district several months ago,
and the district requires a separate tap for RE #2873; however, the district also requires the water lines
to be upgraded. He stated he is willing to do so; however, the purchase of a new water tap would most
conveniently be accomplished at the same time the water lines are upgraded. Mr. Olson stated that
purchasing a separate water tap at this time would not meet the requirements of the district, and that
building permits will not be approved until water lines are upgraded and the water taps are purchased.
Responding to Commissioners Hall and Baxter, Mr. Olson stated the lots will be offered for sale in
approximately one year and that when a lot is sold, the purchase of a water tap and upgrade of water line
would be required. (Changed to Tape #2000-39.) Mr. Olson explained that since irrigation water is
limited, he has concentrated on enhancing irrigation equipment and the method of applying water to the
crop in order to reduce water use, reduce labor, increase productivity by applying water when and where
it is needed, and optimize the farm in order to make it financially feasible to market. He reiterated that with
pivot sprinklers, it is possible to enhance irrigation, use minimum labor, and conserve water.
No public testimony was given.
Responding to questions from Chair Kirkmeyer and Mr. Barker, Ms. Lockman suggested Condition of
Approval #2.G needs to stay with one request, and that staff is currently asking for a tap for each of the
existing homes. Chair Kirkmeyer clarified that Lot A on RE #2873 and Lot A on RE #2874 need to have
additional language because they are currently sharing a water tap and need to purchase an additional
one. Commissioner Hall stated they do have water to the existing residences, although before the
issuance of building permits, the line should be upgraded; therefore, the Condition of Approval would be
better if it stated that prior to the release of building permits a tap shall be purchased and installed and the
line upgraded for either RE#2873 or RE#2874. After further discussion, Mr. Olson clarified the water tap
for Lot A on RE#2873 will be purchased prior to any change of ownership of Lot A,which would meet the
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Page 8 BC0016
requirements of the Little Thompson Water District, which requires every home currently on a water tap
being"grandfathered"to have separate water taps when the ownership goes into non-common ownership.
Chair Kirkmeyer questioned whether the water district would document that, and suggested the third
sentence of Condition #2.G should state, "The applicant shall submit evidence that the requirements of
the Little Thompson Water District have been completed." She also stated that could be as simple as
having a letter from the water district. Commissioner Hall moved to approve the request of Olson Brothers,
LLC, for Recorded Exemption #2872, with the Conditions of Approval as presented. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2873 -OLSON BROTHERS, LLC: Commissioner Hall moved
to approve Recorded Exemption #2873, with the change to Condition of Approval #2.G, as discussed.
Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #2874 - OLSON BROTHERS, LLC: Commissioner Hall moved
to approve Recorded Exemption #2874, with the change to Condition of Approval #2.E, as discussed.
Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION#2905-KAUFFMAN/PLUSS: Ms. Lockman stated this request
is for a three-lot Recorded Exemption splitting 180 acres into parcels of 120 acres,30 acres,and 30 acres.
She stated it is one mile northwest of Keenesburg; currently it is planted in corn and is designated prime
farmland; and one uninhabitable home is currently on Lot A. Ms. Lockman stated of eight referrals, four
responded favorably, three did not respond, and the Department of Public Works stated the flaglot
configuration should be avoided when possible. Ms. Lockman stated this request would take 60 acres of
prime farmland out of production, and staff would be willing to approve the request with smaller parcels
for Lots A and B. Responding to Commissioner Hall, Ms. Lockman stated the entire parcel was in corn
this last season, and it is being irrigated. She reiterated the smaller parcels requested by staff would
decrease the amount being taken out of prime farmland. Responding to Commissioner Baxter, Ms.
Lockman stated the road going north from Weld County Road 18 is the only access to Lot B.
Kirk Goble, Bell 5 Land Company, represented the applicant and addressed the basic concerns of staff
regarding removal of prime agricultural lands from production, the flagpole configuration, and lot size. He
stated the configuration of lots is based on the topographical lay of the land,existing irrigation flow,existing
road and concrete ditch,existing parcel configuration,and future water delivery to each parcel, and further
stated the flagpole is for the existing road, ditch, and access easement. Mr. Goble stated lot size was
determined by irrigation layout and delivery;the location of an existing road and concrete ditch;maintaining
the"farmability"of each parcel; keeping water attached and usable; and the Ordinance provision that the
smaller Recorded Exemption lot be less than 35 acres. He stated the Prime farmland designation has
been determined from Soil Conservation Service guidelines and maps,and a combination of factors, such
as soil types, soil capability classifications, and full irrigation supply. Mr. Goble explained the irrigation
supply is through the Henrylyn Irrigation District, which is a special taxing district, and inclusion in the
district is based on the number of acres owned in the district. He stated assessments are collected with
taxes and, although originally based on one acre foot per acre, the historic delivery is .35 acre foot per
acre. He further explained this was intended to be supplementary, not prime source of water; most
landowners also have wells; and an owner must transfer or lease additional water to obtain a full irrigation
supply of water. Mr. Goble summarized that consistency is desirable, but each parcel and proposal must
be considered on its own merits, circumstance and configuration; the soil limitations and short irrigation
supply reduce this parcel to less than a prime ag land classification; the shape of the parcel and location
of permanent road and concrete ditch dictate the lot size and configuration; the flagpole access to Lot B
is due to the location of the permanent concrete ditch and road, and that it provides a reasonable access
while maintaining the current farm and irrigation layout; irrigation waters will not be removed and, even
Minutes, December 18, 2000 2000-3202
Page 9 BC0016
though current delivery is not a full supply, it would help to support ground cover or pasture, thus reducing
erosion potential; and the applicant agrees to comply with the Conditions of Approval set forth by the
Department of Planning staff. Responding to Commissioner Baxter, Mr. Goble stated Mr. Kauffman and
Mr. Pluss own other farms within the district and have combined water from other parcels to irrigate this
property. He stated this farm will be sold whether or not the split is approved, and it will no longer be part
of the partnership to share water from other properties. Responding to Commissioner Baxter about how
to keep the 30 acres productive, Mr. Goble stated the owner could lease water if it is available, although
30 acres is enough for a grass crop when the home site is removed. He reiterated the applicant's intent
is to leave the water bonded to this ground, and stated that within one mile of this site, there are twelve
80-acre parcels that have been set up as residential sites. Responding to Commissioner Geile, he stated
the flagpole would be designated as an easement on Lot A, for the non-exclusive use by Lots B, C, and
A, and for primary ingress and egress of Lot B and agricultural use by Lots A and C, as well as utilities,
delivery of irrigation water, and maintenance of the concrete ditch. Responding to Commissioner Hall, Mr.
Goble stated there are existing improvements on Lot A, a building envelope on Lot C to take advantage
of the existing access, and no building envelope proposed for Lot B.
Mark Kauffman, applicant, stated the property is for sale regardless of the Board's action today; however,
it is easier to sell smaller parcels and leaving the water attached will allow a purchaser more options. No
public testimony was given. Commissioner Geile moved to approve the request of Kauffman / Pluss for
Recorded Exemption #2905, with the Conditions of Approval as presented. Commissioner Baxter
seconded the motion. Mr. Barker clarified the intent of the flagpole portion of Lot B,stating it would belong
to Lot B and extend to the road and allow ditch access, and the easement will extend to Lots A and C for
non-exclusive agreement. Mr. Barker indicated the Conditions of Approval are okay as presented. 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.
There being no further business, this meeting was adjourned at 12:20 p.m.
BOARD OF COUNTY COMMISSIONERS
WEltD COUNTY, COLOfjeADO
ATTEST: 4),42,U
LGl/
Weld County Clerk to th-�.oa
Barbara Kirkmeye , Chair
1861 (, p, ii .�'`/� /Let.
Lev
M. . Geile, Pro-Tem
BY:
Deputy Clerk to the BoI\ � r Xt.?'
Dale K. Hall
Glenn Vaad' --___
Minutes, December 18, 2000 2000-3202
Page 10 BC0016
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