HomeMy WebLinkAbout20003236.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 20, 2000
TAPE #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 20, 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 Vaad moved,to approve the minutes of the Board of County Commissioners
meeting of December 18, 2000, as printed. Commissioner Baxter seconded the motion, and it 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 Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad reported that the State Legislature
allotted $3,000,000 state-wide for aging programs, of which Weld County received $132,000. The Area
Aging Board invited submittal of applications or"Loneliness Incentive Grants" from the 19 senior citizen
sites around the county,for amounts up to$1,000. Human Services has received the applications and will
act on proposals from various local areas. Commissioner Vaad further reported these were one-time
grants by senior centers throughout Weld County, and they can be audited as to how the monies were
spent.
PUBLIC INPUT: There was no public input.
2000-3236
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $339,137.05
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Hall
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there are no bids to present.
APPROVE ELEVATOR MAINTENANCE BID-FINANCE DEPARTMENT: Mr. Persichino recommended
approval of the low bid from Millar Elevator Service Company, in the amount of $1,140.00 per month.
Commissioner Baxter moved to approve said bid. Seconded by Commissioner Hall, the motion carried
unanimously.
APPROVE COUNTY NEWSPAPER BID FOR 2001 - FINANCE DEPARTMENT: Mr. Persichino
recommended acceptance of low bid from Metrowest Newspaper, specifically the Farmer and Miner.
Commissioner Vaad moved to accept said bid. Seconded by Commissioner Baxter, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER FOUR PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Resources, stated Milliken, Erie, Fort
Lupton, Hill 'N Park were all awarded the senior center grants described by Commissioner Vaad earlier,
and stated only a portion of the total allocation was used for this particular program. Commissioner Vaad
moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER 2001 CERTIFICATION OF LEVIES AND REVENUE AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated this certification is required to be submitted by December 15. Commissioner Geile
moved to approve the 2001 Certification of Levies and Revenue and authorize the Chair to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY
AMBULANCE SERVICE: Mr.Warden stated these are the accounts deemed uncollectible by the county,
which are canceled annually;however,they are sent to Professional Finance for further collection attempts.
Commissioner Geile moved to approve said cancellation. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH: Mr. Warden stated this is the formal contract for one of the outside agency
requests which was approved during the 2001 budget process. Commissioner Vaad moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, December 20, 2000 2000-3236
Page 2 BC0016
CONSIDER SERVICE ENHANCEMENT REQUEST#2000-01 FOR SUPPLEMENTAL SERVICES AND
AUTHORIZE CHAIR TO SIGN-SYSTEMS AND COMPUTER TECHNOLOGY, INC.: Mr.Warden stated
this is the formal contract for service enhancements approved in the 2001 budget, and consists of
additional costs for SCT mainly due to the added demand for services in the Social Services area.
Commissioner Baxter moved to approve said request and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #2838 - SHULTZ FARM, INC., C/O TODD HODGES DESIGN,
LLC: Chair Kirkmeyer also called up Subdivision Exemption #840 and Recorded Exemptions #2840,
#2841, and#2842. Chris Gathman, Department of Planning Services, stated staff recommends denial of
said requests because of placing eleven lots on contiguous property outside an urban growth boundary
area. He stated the Subdivision Ordinance discourages urban growth not located adjacent to existing
incorporated municipalities;the requests are not consistent with the Agricultural Zone District;the requests
are not consistent with the purpose of efficient and orderly development; and adequate access does not
appear to exist for all proposed lots. Mr. Gathman stated the applicant is not required to provide an
internal road system or any other requirements of a subdivision, and there is no public process involved
in which neighboring property owners are allowed to comment on the proposed land division. He further
stated two of the proposed Lot A's are currently vacant, and staff spoke with a representative of the
applicant, proposing Lot A of #2838, which is the three-lot exemption, be moved to the corner to
accommodate the pivot sprinkler system. Mr. Gathman presented staff recommendations that Condition
of Approval #2.C for#2838 delete the reference to Lot B; Condition #2.B for#2840 add reference to Lot
C; Condition #2.B for #2841 add a sentence stating Lots A and B shall share a joint residential access
point; Condition #2.C for#2841 add reference to Lot B and Weld County Road 15; and Condition #2 for
#2841 add a sentence stating the internal road(s) shall enter onto Weld County Road 13 at a 90-degree
angle, for a minimum of one vehicle length, to provide adequate site distance in both directions.
Responding to Commissioner Vaad, Mr. Gathman stated the one vehicle length is to provide adequate site
distance onto Weld County Road 13 due to the angled parcel configuration and that either one vehicle
length,or a specified number of feet would be adequate. Responding to Commissioners Geile and Baxter,
Mr. Gathman stated the 160-acre rule applies because of contiguous property, and the sprinkler covers
both #2838 and #2840.
Responding to Commissioner Hall, Mr. Gathman displayed a map of all the parcels, with Weld County
Road 13 on the west side,Weld County Road 15 on the east side,Weld County Road 42 on the north side,
and approximately 1/4 mile north of Weld County Road 38 on the south side. He explained the request
for SE #840 is in the middle of proposed RE #2838, around the lake, and that two existing residences
currently exist at that location. Further responding to Commissioner Hall, Mr. Gathman stated the purpose
of the SE is to divide off existing improvements, and to place the two existing residences into separate
parcels and that the SE lot will share access through proposed Lot C or Lot A, with the change proposed
by staff. Responding to Chair Kirkmeyer, Mr.Gathman stated there are no current residences on proposed
Lots A or B; however, there are two homes on Lot C, which would create four lots. Chair Kirkmeyer,
responding to Mr. Barker, stated that insofar as the ability to sell off properties is concerned, the proposal
does create a separate SE parcel which could be sold. Mr. Barker reiterated it is in order to allow the
applicant to sell off one of the existing house,which is not creating a new buildable lot. Commissioner Hall
reiterated this request would divide one 160-acre parcel with two existing houses, into four parcels.
Responding to Commissioner Geile, Mr. Gathman stated referrals were received back from Berthoud,
Mead,and Johnstown,with no concerns stated;Johnstown Fire District reserved the right to comment later
during the building permit application process; and the Little Thompson Water District stated the applicant
has purchased ten water taps. Responding to Commissioners Vaad and Baxter, Mr. Gathman stated an
agreement with the school district is required prior to recording the plat, and no concerns were expressed
by the water district.
Minutes, December 20, 2000 2000-3236
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Regarding #2840, Mr. Gathman stated this is also a three-lot RE, and it has no existing residences on
the160 acres. Responding to Commissioner Baxter, he stated it is irrigated farmland, with proposed Lots
A and C in corn, and proposed Lot B in alfalfa. Mr. Gathman stated a specific concern regarding this RE
is the location of the building envelope, which would access onto Weld County Road 13, which is an
arterial; therefore Condition of Approval #2.A requires Lot C to access onto Weld County Road 42.
Regarding#2841, Mr. Gathman stated there are no existing residences, the entire parcel is in production,
and there is one oil and gas well. Regarding #2842, he said there are no residences. Responding to
Commissioner Hall, Mr. Gathman stated the four RE parcels are not separate deeds at this time, although
the applicant has ownership of them all. Chair Kirkmeyer indicated Great Western Railroad divides the
property.
Todd Hodges,Todd Hodges Design, LLC,stated the five applications under consideration is for 11 parcels
which currently have two residential structures near the lake, with a gross total of 546 acres. He stated
the configuration of lots is due to the ditches, railroad and lake, as well as the pivot sprinkler which will help
achieve higher production. He stated the property was purchased from an entity which previously removed
the water from this property; however, since that time the applicant has brought water back in through the
pivot sprinkler. Mr. Hodges stated the true intent is to achieve higher production on the property.
Discussing RE #2838 and SE #840, Mr. Hodges stated this is a 160-acre parcel, with the railroad as the
southeast border; the Farmers Extension Ditch creates the 20-acre Lot B; although the applicant is
agreeable to moving Lot A north to the location proposed by staff and sharing an access among Lots A,
C, and the SE lot. Mr. Hodges indicated the existing improvements, consisting of agricultural structures
and one small residence, all of which will stay with Lot C and the existing access and residence on the SE
lot. Mr. Hodges continued that one of the criteria for recorded exemptions is splitting off existing
improvements,as well as natural divisions,such as ditches,which justifies these applications. Responding
to Commissioner Baxter, Mr. Hodges stated the lake is 32 acres;everything south of the road in the middle
of the parcel is not currently in production since it is outside the pivot area; there is grass around the lake;
and Lot B has been in barley, since it is hard to irrigate because of its shape. Responding to
Commissioner Hall, he stated the underlying reason for all these applications is that this is a very large
piece of property, the applicant currently has the ability for six parcels under the 80-acre rule, under the
60-acre rule the applicant currently has the ability for 12 pieces of property. He stated currently there are
six building sites, but that option provides no remedy for the less productive portions of property. He
reiterated the water had previously been sold off, and has been brought back with the pivot sprinkler, and
the RE process is the only way to achieve splitting off the non-productive parts of this property.
Commissioner Hall stated it appears the applicant has carved out 160 acres, not based on production, but
on how to achieve the maximum number of lots. Mr. Hodges responded this is the way to divide the
property in the most efficient manner based on today's standards, although Commissioner Hall stated it
appears not to be efficient farming because of cutting the pivot area in half. After further discussion,
Commissioner Hall stated if farming efficiency is desired, the parcel could be divided straight across the
south end of proposed Lot A,which would have at least left the pivot on one property,and stated he needs
an explanation as to how this can be considered orderly development. Responding to Commissioner Hall
and Chair Kirkmeyer, Mr. Hodges stated the true intent is to enhance the agricultural efficiency; there are
546 gross acres on the property; and the applicant has owned it for a total of six months. Chair Kirkmeyer
stated she would like to hear how this is orderly, how it does not evade the Subdivision Ordinance, how
11 parcels with homes is going to enhance agriculture and make it easier to have agricultural land, as well
as how the applicant will deal with the conflict between agricultural uses on the various sized parcels since
the 20-acre lot will not be the same type of farming as the larger parcels. Responding to Commissioner
Vaad, Mr. Barker stated the existing dwelling would not be eligible for a building permit at another location;
however,the residence could be relocated within Lot C. Responding to Commissioner Baxter, Mr. Hodges
stated the applicant lives nearby on another farm and that, although the pivot area is being divided in half,
from a practical standpoint the applicant would not have funded the sprinkler if his intent was not to leave
Minutes, December 20, 2000 2000-3236
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the area in production. Responding to Commissioner Geile, Mr. Hodges reviewed the total acreage of
each parcel.
Mr. Hodges stated #2840 is currently under the existing pivot sprinkler and the only way to take off the
non-productive portions of this property is the three-lot RE being proposed. He reiterated the intent is to
divide off the unproductive corners of a large property, and the applicant agrees to access onto Weld
County Road 42. Chair Kirkmeyer commented the three-lot RE was created to allow property owners with
160-acres under a pivot sprinkler to keep the pivot area together with one huge lot, but divide off the
unproductive corners. Although Mr. Hodges stated it also applies when there are more than 160 acres,
Chair Kirkmeyer pointed out in this case the applicant is dividing up the pivot area. Commissioner Hall
stated 160 acres was the minimum; however, this looks like the minimum acres for the purpose of dividing
it into a 3-lot RE, not for enhancing agriculture. Mr. Hodges pointed out if looking for the maximum number
of lots, the applicant would go to four 80-acre parcels; he also pointed out the southeastern border is the
railroad.
Regarding #2841, Mr. Hodges stated this is on the east side of the railroad, and the property on the north
is not owned by Shut. He stated Lot A is at the end where the rows are short, providing for less efficient
use of the water, and the northern boundary is the ditch. He stated alfalfa is the current crop. Responding
to Commissioner Hall, Mr. Hodges reiterated the location of Lot A is due to the short rows, water has to
be pumped,and the more productive ground is towards the east. Responding to Commissioner Vaad, Mr.
Hodges indicated the Lot B building envelope would use the existing access onto Weld County Road 15,
and also indicated the tank battery on the property.
Mr. Hodges stated the configuration for#2842 is because of the existing use of the property, as well as
the railroad right-of-way and ditches, including the Farmers Extension Ditch, and a ditch on the south
property line of proposed Lot A. Mr. Hodges indicated there are native or dryland grasses on this parcel
at this time, and stated the intent is take the non-productive portion out and produce a building envelope
on Lot B, to ensure the least productive portions are used for building sites. He stated the access to Lot
A, which will be shared by three parcels, is across Lot A of RE #2841, previously discussed. He further
explained Lot B has an existing access, south of the railroad track, but the intent is to use the existing
roadway that comes across on Lot B of#2838. Responding to Commissioner Hall, Mr. Hodges stated the
top triangle is approximately three acres, and is currently being farmed with Lot B of#2841. Responding
further to Commissioner Hall, who stated it appears the applicant is carving out portions to get to the 80-
acre minimum, Mr. Hodges stated the section going north along the railroad to the top triangle portion of
Lot B also acts as an access to the ditch. He stated it was at the direction of staff not to go under the 80
acres, since anything under 80 is considered to be evading the subdivision process. Mr. Hodges indicated
it would be possible to put it with#2841 instead of#2842, with an adjustment made to Lot A of#2841. He
also indicated Lot A is 16 acres of waste land which is not irrigated. Responding to Chair Kirkmeyer who
questioned whether the intent was to see how many parcels could be created, or to enhance agricultural
productivity, Mr. Hodges stated it all comes back to cash flow and breaking off the non-productive parcels
to allow financial support of the remaining agricultural areas. He reiterated the applicant did not submit
the maximum number of applications, he understands the concerns being voiced, but other options would
have left the other parcels unirrigated. He stated according to current regulations,the applicant could have
legally split this property into six parcels without any planning process whatsoever. Responding to
Commissioner Geile regarding the pivot area being split between #2838 and #2840, Mr. Hodges stated
the intent is to not sell, but to use this process to split off the non-productive parcels, and the alternative
would be to talk to the Town of Johnstown about urban growth development. Elaborating further at
Commissioner Vaad's request, Mr. Hodges stated the cost of the property is now too high, it is no longer
sold at farm prices; therefore, to preserve the farm, one has to buy with the intention of making money
from the non-productive portions, which means doing something with urban scale development.
Responding to Commissioner Baxter, Mr. Hodges stated the Johnstown town limits are three-fourths of
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a mile to the west,and the parcel is located approximately two miles from 1-25. Chair Kirkmeyer reiterated
546 gross acres were purchased approximately six months ago, it was then divided into four parcels. Mr.
Hodges responded these requests would divide the 546 gross acres into four, it is currently considered
one piece of property; however, if the requests are approved, the parcels will have to be deeded
separately. He also reiterated the property currently can be divided into four parcels. Responding to Chair
Kirkmeyer, Mr. Hodges stated the general surrounding area consists of large agricultural lots with smaller
RE's and existing structures, some small dairies,feedlots, and pastured cattle. He further stated the site
is south of Johnstown with its town boundaries located both three-fourths mile west and one mile east of
the site. Responding to Commissioner Hall, he indicated the speed of the applications were prompted by
Amendment 24; however, the owner has been reviewing these options for quite some time. Mr. Gathman
indicated that regarding urban scale development the applicant, in conjunction with the RE applications,
did apply for a Sketch Plan for a 16-lot Planned Unit Development on the#2838 parcel,the timing of which
Mr. Hodges stated, was definitely prompted by Amendment 24.
Steve Shultz, applicant, clarified there is a dairy located north, right next to Northmore Acres, about one
mile away, and some small feedlots are in the area. Mr. Shultz stated the family farm is approximately
three miles northeast of these parcels, and that his mother, three sisters and he are included in the
corporation. He stated his grandfather, Elmer Shultz, was a former County Commissioner and his family
has a long history in the area. Mr. Shultz stated of 546 acres includes a 35-acre lake, leaving 415 acres
of farmground. He reiterated the previous owner sold off the Colorado Big Thompson water, leaving the
property short, and he purchased with the intent of leaving as much in farmland as possible. The plans
are to have 250 acres under the pivot sprinkler and flood irrigate 150 acres, which is about all the water
available. He stated they want to farm, but they cannot pay for the property and sprinkler by farming alone;
therefore, the sale of low and non-productive pieces preserves 415 acres for farming. Mr. Shultz stated
he cannot pay for the property and sprinkler at today's market prices, and the intent is present both ways;
however, if divided into 80-acre parcels, it would not work with the sprinkler. Mr. Shultz stated they do not
intend to sell the two lots with sprinklers, and they intend to farm the B and C Lots. Responding to
Commissioner Baxter, Mr. Shultz stated he has never farmed this property, although he has plowed half
the sprinkler portion; he purchased the $80,000 sprinkler which will be run from water in the lake; and the
rest of the land is irrigated with the Farmer's Extension Ditch. Responding to Commissioner Vaad, Mr.
Shultz stated currently there is some Highland water and rights on the lake. He also stated it is acceptable
to leave the northern triangle with Lot B of#2841. Responding to Chair Kirkmeyer, Mr. Shultz stated he
does farm in the area and that with the Right to Farm Covenant in Weld County, potential purchasers who
may not be involved in farming, will have to learn to deal with the noise, flies, dust, and other agricultural
nuisances. Chair Kirkmeyer stated she is having difficulty understanding how this maximizes the
productivity of the farm, when it looks like maximizing the number of lots on this parcel, and Mr. Shultz
responded he could have purchased it for one-sixth of the price if it were located elsewhere. He reiterated
he wants to see the majority of this land remain in farming, and the other option is to divide it into 80-acre
parcels, liquidate the water and sell off the land. Responding to Chair Kirkmeyer, the Sketch Plan for the
Planned Unit Development would allow 2-acre prime, beautiful lots around the lake and it does not involve
the pivot sprinkler area.
No public testimony was given.
Mr. Hodges reiterated the recorded exemption process is the best tool for the applicant's intention to keep
as much land productive as possible,while allowing funds to pay for the sprinkler and property. He stated
that based on the Class 3 soil type the property does have limitations, although with no water, it is severely
limited. He also stated the applicant currently has the ability to produce six building sites as it is, the five
additional parcels is what is under consideration;therefore, it does not constitute urban scale development
on a parcel of over 500 acres. He said the proposal will use water more efficiently; and it does meet the
intentions of Sections 11.5.1.1 through 11.5.1.6 of the Weld County Subdivision Ordinance. Responding
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Page 6 BC0016
to Commissioner Baxter, Mr. Hodges reiterated if all the requests are approved, there would be 11 legal
parcels; however, only five new buildable sites would be created. Responding to Chair Kirkmeyer's
comment that all legal lots are buildable, Mr. Hodges stated the applicant will retain ownership of all B and
C Lots. He said the request for the PUD was submitted in order to meet the deadline for Amendment 24,
and it will be re-evaluated based on today's action and future regulations under consideration. He said the
PUD goes around the existing lake, and divides that portion of the property, which includes Lots A and B
and part of Lot C, of#2838, and SE #840.
Commissioner Vaad moved to approve the request of Shultz Farm, Inc., for Recorded Exemption #2838
with the Conditions of Approval as recommended by staff, deleting the reference to Lot B from Condition
of Approval#2.C. Commissioner Baxter seconded the motion,and Commissioner Vaad stated he believes
Mr. Shultz made his case as to his intention to preserve over 70 percent of the property as farmground,
making that portion more productive and using water more efficiently. Commissioner Vaad stated he was
concerned about requiring a building envelope for Lot C; however, he does not believe there will be a
change in the location of the residence until the whole nature of the area changes. He stated this allows
350 acres to remain agriculture, with houses around and in the area. Commissioner Baxter stated the
alternative to farming a major portion of the property is what convinces him to support the motion, at least
in this manner, most of the land will be farmed. Commissioner Hall stated he will vote against the motion,
and stated the way it has been designed and laid out has been an attempt to subdivide farmland; he feels
the 160 acres divided for this request was for specific purpose of dividing off the land, not to make the land
more efficient; the proposal is not consistent with orderly development; splitting the pivot area into two lots
is ludicrous and cannot be good for farming; the problems created to even consider splitting the pivot area
into two lots boggles the mind; and it is irresponsible of this Board to approve the request. Commissioner
Geile stated he will vote in favor of the motion since the area itself has been growing together, and this
request does fit Section 31.1 of the Zoning Ordinance, and he believes the best intent of the applicant is
to use and provide farmland;the Right to Farm Covenant alleviates concerns. Chair Kirkmeyer stated she,
too, is against the motion, and that she agrees with all of Commissioner Hall's comments. She stated she
is not convinced the applicant is trying to maximize the agricultural productivity of this property; this is an
innovative way to maximize the number of possible lots that one could get onto the 546 acres instead of
how to maintain the farm in one lot together and have a productive farm; 11 lots is urban scale
development, and this Board should minimize the impact of such a development; and the proposal will
considerably impact local agricultural operations and the future intent of the Agricultural Zone District. On
a call for the vote, the motion carried three to two, with Commissioner Hall and Chair Kirkmeyer against
the motion.
CONSIDER SUBDIVISION EXEMPTION #840 -SHULTZ FARM, INC., CIO TODD HODGES DESIGN,
LLC: Commissioner Vaad moved to approve SE#840 with the Conditions of Approval as recommended
by staff. The motion was seconded by Commissioner Baxter. Commissioner Hall stated he is against the
motion,which is basically creating an island lot within another lot in an attempt to subdivide the parcel into
four, and he feels it could have been accomplished in another manner, such as by making it one of the
three recorded exemption lots. Responding to Chair Kirkmeyer, Mr. Hodges stated he has reviewed the
Conditions of Approval,and requested#2.C, be amended to state"A minimum 30-foot wide,"and to delete
#2.D since it is being requested prior to recording plat; however, it will be shown on plat. Mr. Gathman
stated he has no problem with deleting#2.D,and also no problem with adding the word"minimum"to#2.C;
however,the first part should state,"A minimum 30-foot wide joint access easement extending across Lots
A and C of RE #2838 from Weld County Road 13 for the benefit of Lots A and C of RE #2838 and the
Subdivision Exemption Lot(SE#840). . ." Commissioners Vaad and Baxter stated the motion and second
would accept those modifications. On a roll call vote, the motion carried three to two, with Commissioner
Hall and Chair Kirkmeyer against the motion.
Minutes, December 20, 2000 2000-3236
Page 7 BC0016
CONSIDER RECORDED EXEMPTION #2840 - SHULTZ FARM, INC., C/O TODD HODGES DESIGN,
LLC: Responding to Chair Kirkmeyer regarding RE#2840, Mr. Hodges stated he is agreeable to changing
#2.B to include Lot C. Mr. Gathman recommended adding "Lot A shall access onto Weld County Road
42" also, which was agreed to by Mr. Hodges. Chair Kirkmeyer restated#2.B to read, "Lots B and C shall
utilize the existing agricultural/oil and gas/ditch road accesses necessary for agricultural operations. No
circle drives or additional accesses shall be granted. Lot A shall access onto Weld County Road 42." Mr.
Hodges stated he agrees with the change. Commissioner Vaad moved to approve the request of Shultz
Farm, Inc. for a Three-Lot Recorded Exemption, #2840, with the Conditions of Approval as modified.
Commissioner Baxter seconded the motion. Commissioner Hall stated it is absolutely ridiculous to suggest
we are doing this because of a threat to split these off into 80-acre parcels. We are talking about an
agricultural farm, and the purpose of having agriculture be more efficient and beneficial; however, we are
splitting this off so it cannot be efficient. Chair Kirkmeyer stated she agrees with Commissioner Hall, and
would like her comments from RE #2838 incorporated into the record. On a roll call vote, the motion
carried three to two, with Commissioner Hall and Chair Kirkmeyer against the motion.
CONSIDER RECORDED EXEMPTION #2841 - SHULTZ FARM, INC., C/O TODD HODGES DESIGN,
LLC: Responding to Chair Kirkmeyer regarding #2841, Mr. Gathman recommended the Conditions of
Approval be modified to include the standard language from the Department of Public Works regarding
minimum width for a flagpole parcel, which Lot A will be, instead of an island, and suggested addition of
language to state, "In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance, the
minimum width of a flagpole lot is 30 feet." After further discussion, Chair Kirkmeyer clarified revisions
should be made so Condition #2.A reads, "Lots A and B shall utilize and share the existing . . .", and
Condition #2.B reads, "A 30-foot wide joint access easement extending across Lot A A .
Responding to Commissioner Vaad, Mr. Barker agreed the northernmost triangle of approximately 3 acres
currently proposed in#2842, if included as part of Lot B of this recorded exemption, requires an additional
Condition of Approval. Mr. Gathman indicated #2842 would not then meet the 80-acre minimum
requirement for a recorded exemption application. After further discussion, Commissioner Hall suggested
that#2842 be modified to take the three acres out of Lot A of#2841, instead of going up into Lot B of the
field which is currently Lot B of#2841; the boundaries of Lot A of#2841 could then be adjusted to reflect
the change. Mr. Hodges agreed with the proposal, providing the lines of Lot A can be adjusted to make
up the difference of the 3 acres. After further discussion, Mr. Barker stated he will work on the language
to be added as Condition of Approval#2.H stating that prior to recording plat, lot line of Lot A of#2841 will
be adjusted to include the three acres into#2842. Commissioner Vaad moved to approve the request of
Shultz Farm, Inc.,for Recorded Exemption#2841,with the Conditions of Approval as presented,with#2.A
and 2.B revised as clarified above by Chair Kirkmeyer,and with the addition of Condition of Approval#2.H.
Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #2842 - SHULTZ FARM, INC., C/O TODD HODGES DESIGN,
LLC: Regarding#2842, Chair Kirkmeyer stated staff is recommending a change to Condition of Approval
#2.D, adding that the internal road(s) shall enter onto Weld County Road 13 at a 90-degree angle, for a
minimum of one vehicle length, to provide adequate sight distance in both directions; however, in earlier
discussion, instead of one vehicle length, 20 feet was suggested. Mr. Hodges stated the existing access
on the southwest corner does not meet that Condition; therefore, if the change applies to any proposed
access instead of an existing access, it is okay. For clarification, Chair Kirkmeyer stated Condition #2.A
should state "Lot A shall utilize an existing access extending across Lot A of RE#2841. No circle drives
or additional accesses shall be granted." (Changed to Tape #2000-40) Chair Kirkmeyer clarified #2.B
should state,"Lot B shall utilize an existing access that extends across Lot B of RE#2838. . ."and add"No
circle drives or additional accesses shall be granted for Lot B." Regarding Condition#2.C, concerning an
access agreement, Mr. Hodges requested it not be included,since the easement will be shown on the plat;
however, Mr. Barker argued this Condition is not a blanket-type requirement,and#2.C needs to be left in,
Minutes, December 20, 2000 2000-3236
Page 8 BC0016
showing the specific access that will be there. Chair Kirkmeyer clarified that #2.C should say "The
applicant shall submit to the Department of Planning Services, a recorded copy of an access agreement
for both Lots A and B of RE#2842, signed by all the owners and properties which is crossed by the access
. . ." Chair Kirkmeyer clarified #2.0 is okay as it was presented, and the additional language previously
requested no longer applies; #2.E should be changed to reflect a total of 50 feet from the centerline of
Weld County Road 13, instead of 30 feet; and #2.H should be added, which is reflective of the change on
the previous recorded exemption.
Commissioner Vaad moved to approve Recorded Exemption #2842, with the Conditions of Approval as
modified. The motion was seconded by Commissioner Baxter, and Commissioner Hall stated will vote
against the motion, since he is not in favor of island lots, and the access having to traverse other lots only
creates future problems. The motion carried four to one, with Commissioner Hall against.
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 11:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
d ""4` Barbara J. rkme r, Chair
eld � o - Board -
� (�� M. J G ile, Pro-Tem
B
r .f a Board
eorge . Baxter
Dale K. H
Glenn Vaad
Minutes, December 20, 2000 2000-3236
Page 9 BC0016
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