HomeMy WebLinkAbout20000701 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 27, 2000
TAPE #2000-07
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, March 27, 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, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners —
meeting of March 22, 2000, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on March 22,2000,as follows: 1)A Site Specific Development Plan and Special Review Permit
#1254, Houa "Rick" Thao and Mee Lo; and 2) A Site Specific Development Plan and Special Review
Permit#1255, L. G. Everist, Inc. Commissioner Baxter seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $244,204.12
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter
seconded the motion, which carried unanimously.
2000-0701
Cam _ C [1 g- ��
BC0016
NEW BUSINESS:
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES TO CHANGE, ALTER, OR MODIFY
PREMISES FOR DEE ANN WOLFE, DBA FORT 21 AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,
County Attorney,stated the Colorado Liquor Code requires approval from the local licensing authority prior
to changing the premise of a liquor establishment. He explained the applicant is proposing to add a patio
and an area for horseshoe and volleyball pits. He stated the new area will be fenced in and will only be
accessed from inside the premises. Commissioner Hall moved to approve said application for changes
to the premises and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT FOR MAY 21, 2000 - MAKE-A-WISH
FOUNDATION OF COLORADO, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the
Make-A-Wish Foundation is requesting approval for an event to be held on May 21, 2000, from 5:00 a.m.
to 12:00 p.m. He stated there will be a motorcycle ride to raise money. Commissioner Baxter moved to
approve said application for a Special Events Permit and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER 2000-2005 WORKFORCE INVESTMENT ACT PLAN AND AUTHORIZE CHAIR TO SIGN:
Walt Speckman, Director of Human Services, stated the Workforce Development Board recommends
approval of the Workforce Investment Act Plan which will replace the Job Training Partnership Act. He
stated the new program will provide the same services to approximately 150 people. Commissioner Vaad
moved to approve said plan and authorize the Chair to sign. Commissioner Baxter seconded the motion,
which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF VARIOUS WELD COUNTY ROADS-WCR8 BETWEEN
WCRS 15 AND 17;WCR 16 BETWEEN WCRS 63 AND 65;AND WCR 44 BETWEEN I-25 AND WCR 13:
Commissioner Baxter moved to approve said temporary closures. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER REAPPOINTMENT TO WORKFORCE DEVELOPMENT BOARD:Commissioner Vaad moved
to reappoint Dwight Steele to the Workforce Development Board with a term expiring December 31,2002.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Vaad moved to
appoint Betty Lee to the Community Corrections Board with a term expiring August 1, 2002. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER AMENDMENTS TO BYLAWS FOR WELD COUNTY UTILITIES COORDINATING ADVISORY
COMMITTEE: Mr. Barker stated the bylaws of the Weld County Utilities Coordinating Advisory Committee
are being amended as follows: a new member will represent the ditch company, Weld County will be
represented by the Director of Public Works or his designee, and committee members will be allowed to
attend the meeting by telephone or other electronic communications. Commissioner Geile moved to
approve said amendments to the bylaws. Seconded by Commissioner Hall, the motion carried
unanimously.
PLANNING:
CONSIDER REVIEW OF CONDITIONS OF APPROVAL FOR AMENDED RECORDED EXEMPTION
#1950-BOOTH LAND AND LIVESTOCK COMPANY: Sheri Lockman, Department of Planning Services,
stated Department of Planning Services staff approved Amended Recorded Exemption#1950 on March 3,
2000,with Conditions of Approval. Ms. Lockman stated Condition of Approval#2.F requires the applicant
Minutes, March 27, 2000 2000-0701
Page 2 BC0016
to increase the .28-acre lot to a minimum of one acre; however, the applicant is requesting this condition
be waived. Ms. Lockman gave a brief description of the location of the site and stated staff concurs the
intent of the A(Agricultural)Zone District does not allow parcels less than one acre in size. She explained
the applicant is proposing to place a septic system on an adjacent property; however, the Weld County
Department of Public Health and Environment will not allow a variance and requires the septic system to
be placed on the same parcel as the house that it will serve. Ms. Lockman stated the house which was
located on the .28-acre lot was demolished without a demolition permit, and staff feels it is reasonable for
the applicant to meet the one-acre minimum lot size requirement prior to placement of the new structure.
Tom Collins represented the applicant and explained the lot line adjustment for Amended Recorded
Exemption #1950 created a .442 acre parcel owned by the Owl Creek and Supply Irrigation Company,
which is part of the Larimer/Weld Irrigation Company. He explained Booth Land and Livestock Company
is willing to grant a .628-acre easement for a septic leach field west of the:.442-acre parcel, which when
added together will exceed the one-acre requirement and allow for a new ditch rider's house. In response
to Commissioner Baxter, Mr. Collins stated the irrigation company previously owned the .28-acre parcel
and Booth Land and Livestock Company deeded additional land to equal .442 acres. Booth Land and
Livestock Company does not want to deed any more land; however, it has agreed to grant an easement
for the septic leach field. In response to Chair Kirkmeyer, Ms. Lockman stated the applicant was required
to apply for a Subdivision Exemption to allow for the issuance of building permits. (Switched to Tape
#2000-08) In response to Commissioner Vaad, Pam Smith,Department of Public Health and Environment,
stated her main concern in allowing this request is lack of area for the applicant to meet the 100-foot
setback requirement between the ditch and the proposed leech field. She also expressed concern with
the potential creation of a lot that could be sold and legally separate the ditch rider's house from the septic
system. In response to Commissioner Baxter, Mr. Barker stated the easement agreement and plat will
indicate the septic easement and the requirement that it remain with the irrigation company property. Mr.
Collins stated the property to the west is farmed. Ms. Smith stated additional uses on the surrounding land
will have an impact on the life of the septic system. Mr. Barker reiterated that the current policy enforced
by the Weld County Department of Public Health and Environment is that the septic system remain on the
same property that it serves to avoid problems with land transfers in the future. In response to Chair
Kirkmeyer, Mr. Collins stated he misunderstood the intent of Condition of Approval #2.F because he
believes with the deeded property and easement the site will meet the one-acre requirement. Mr. Collins
stated the Irrigation Company is a non-profit operation unable to purchase additional land,and Booth Land
and Livestock Company does not want to sell the additional land.
Steve Cecil, Owl Creek and Supply Irrigation Company, which is part of the Larimer/Weld Irrigation
Company,stated Booth Land and Livestock Company is the largest user of water from this ditch. Mr. Cecil
stated approval of this request will allow for efficient use of the land by the irrigation company. Responding
to Commissioner Baxter, Mr. Cecil stated the irrigation company does notneed additional land because
it requires more maintenance;as proposed,the easement will remain farmed. He stated the original house
was located three feet within Booth Land and Livestock Company property. In response to Commissioner
Geile, Mr. Collins stated Booth Land and Livestock Company intends to farm over the leach field easement
because the septic tank will be located next to the house. He stated the septic system will use a minimum
portion of the easement, but the additional room will be available for a replacement system if necessary.
Commissioner Hall stated his uncle is the ditch rider and he will recluse himself from the motion. Mr. Cecil
stated there is no intension on behalf of the irrigation company to sell the land. In response to
Commissioner Vaad, Steve Cecil stated water on the property flows north towards the ditch, and added
there is a North Weld County Water tap on the property. Commissioner Vaad suggested locating the
house farther north. He stated the 100-foot setback is imposed on the leach field; however, there is a
minimal setback required between the proposed house and the ditch. In response to Chair Kirkmeyer, Ms.
Smith stated it would be difficult to fit a leech field on the .442-acre parcel. Chair Kirkmeyer commented
she would like to see the situation resolved for the Irrigation Company by allowing a leach field easement
Minutes, March 27, 2000 2000-0701
Page 3 BC0016
on the adjacent property. Mr. Cecil stated the easement agreement could be written to indicate that the
easement will cease at such a time as the ditch rider house is no longer used by the irrigation company.
In response to Commissioner Vaad, Ms. Lockman stated there is no setback requirement between a ditch
and residence. Commissioner Vaad commented moving the house farther north will leave enough room
for a leach field. Ms. Smith stated the average three-bedroom home requires a 1,000 square-feet leach
field. She further stated the Colorado Department of Public Health and Environment requires a leach field
be set back 100 feet from a ditch and 10 feet from a property line. Ms. Smith stated(there may be enough
room for a leach field if the house is moved north; however, she is not sure there would be adequate space
for a secondary site in case of failure. In response to Commissioner Baxter, Ms. Smith stated the septic
system and leach field cannot consist of more than 25 percent of the lot. Ms. Lockman stated staff
requested the one-acre minimum in accordance with the Subdivision Ordinance; however, the actual
amount required will need to be determined by an engineer. Chair Kirkmeyer stated it appears it will
require a leech field easement on the adjacent property; however, she would like to ensure the easement
remains only as long as the residence is used by the ditch rider. Commissioners Baxter and Geile agreed.
In response to Chair Kirkmeyer, Mr. Barker stated legally an easement agreement can be written to allow
the easement only in conjunction with the ditch rider use; however,the septic permit is issued by the Weld
County Department of Public Health and Environment and when staff considers thesetback requirements
they will not have a means for allowing a variance in this situation. The decision will ibe determined by
where the house is located. In response to Chair Kirkmeyer, Ms. Smith stated the Colorado Board of
Health does not allow variances to setback requirements. Ms. Smith stated if the house can be moved
closer to the ditch, the applicant can use a leach field system without gravel and pipe which would reduce
the field size by fifty percent. In response to Chair Kirkmeyer, Ms. Smith stated the Weld County
Department of Public Health and Environment will enforce the setback requirements in relation to the leach
field. Chair Kirkmeyer clarified if the applicant has an easement agreement with the neighboring property
owner, and it is only in effect while the easement is for the benefit of the ditch rider, then the applicant has
met Condition of Approval #2.F. Mr. Barker stated staff can work to help the applicant meet Condition of
Approval#2.F, and the motion would be if the intent of the easement is such that it provides the necessary
area for a septic system, and if the intent is met, then the Condition is met. Commissioner Geile moved
to direct staff that an easement agreement should be written for the intent of a septic system, to only be
in effect while being used by the ditch rider, and further, that if the easement increases the property to at
least one acre in size, the applicant will be in compliance with Condition of Approval #2.F of Amended
Recorded Exemption #1950. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER REVIEW OF CONDITIONS OF APPROVAL FOR SUBDIVISION EXEMPTION#807-BOOTH
LAND AND LIVESTOCK COMPANY: Commissioner Baxter moved to direct staff that an easement
agreement should be written for the intent of a septic system, to only be in effect while being used by the
ditch rider, and further, that if the easement increases the property to at least one acre in size, the
applicant will be in compliance with Condition of Approval #2.D. of Subdivision Exemption #807. The
motion which was seconded by Commissioner Geile carried unanimously. Chair Kirkmeyer clarified that
Commissioner Hall was recluse from this and the preceding item of business.
CONSIDER RECORDED EXEMPTION #2650 - WINDSOR NORTHERN FARMS, INC.: Ms. Lockman
stated the proposed Recorded Exemption is located on a parcel approximately 80 acres in size. She gave
a brief description of the location of the site and stated there is a residence on proposed Lot B. Ms.
Lockman gave a brief description of the surrounding uses, and stated three referral agencies indicated no
conflicts, two responded with proposed conditions, and the Town of Windsor requested the applicant
submit an annexation agreement in the event the site becomes surrounded by the Town. Ms. Lockman
stated Planning Services staff believes this proposal is not in compliance with the Weld County Subdivision
Ordinance,Comprehensive Plan,or A(Agricultural)Zone District because it does not preserve agricultural
land. Ms. Lockman stated the site is designated as prime land with non-transferable water rights,and staff
recommends a smaller Lot A, with Lot B remaining large enough to remain in agricultural use. Ms.
Minutes, March 27, 2000 2000-0701
Page 4 BC0016
Lockman stated the Town of Windsor has existing sewer lines within service range and the Weld County
Department of Public Health and Environment will not issue a septic permit if sewer is existing within 400
feet and the Town is willing to provide service. In response to Commissioner Baxter, Ms. Lockman stated
if the applicant had proposed one small lot and one large lot, staff would have approved the request.
Responding to Chair Kirkmeyer, Ms. Lockman stated the proposed conservation agreement indicated in
a letter from the applicant dated January 24, 2000, was considered; however, if the site is annexed into
the Town of Windsor, it is unlikely that an agricultural conservation easement will be applicable.
Stan Event represented Windsor Northern Farms, Inc., and gave a brief description of the surrounding
uses. He stated the site is located between urban uses and Shutts Dairy with 600 head of cattle. Mr.
Event stated there were Big Thompson water rights on the site at one time; however, most have been sold.
In response to Commissioner Baxter, Mr. Event stated the site is currently being farmed and the applicant
intends to continue farming with a crop that does not require much water. He explained if one of the lots
is annexed,the remaining lot will still be large enough for agricultural use. Responding to Commissioner
Hall, Mr. Event indicated the location of the existing sewer line; however, he stated it is at capacity and the
line to service the proposed site has not been extended to this area. He stated once the line is in place,
the applicant is willing to connect to public sewer service, as well as enter into an annexation agreement
with the Town. Commissioner Hall stated it is helpful to have an annexation agreement prior to
development. Mr. Event stated the applicant has petitioned for annexation several times during the past
three years; however, the Town is currently interested in other sites. He stated the applicant is willing to
do conservation easements with either the County or the Town. Commissioner Hall stated if the site is
annexed, it is unlikely that it will be used for agricultural purposes and a conservation easement will not
be needed. In response to Commissioner Geile, Mr. Event stated the purpose for two large lots is to sell
one lot and recoup some of the money lost when the crop intensity is decreased.
No public testimony was offered concerning this matter.
In response to Mr. Event's questing concerning what is required by Condition of Approval #2.A, Ms.
Lockman stated staff will work with the applicant on placement of the building envelope, in order to
encourage agricultural production on the remaining portion of the site. Mr. Event expressed concern that
Condition of Approval #3 appears to impose requirements on surrounding properties that are not related
to this request. Mr. Barker stated if either of the lots within the subject property or a surrounding property
proposes to subdivide,they may be required to install urban-scale infrastructure because they are located
within the Urban Growth Boundary of the Town of Windsor. Commissioner Hall stated Condition of
Approval #3 is misleading and not a specific Condition. Ms. Lockman agreed that Condition of
Approval #2.1.9 will result in the same requirement as Condition of Approval #3. Commissioner Hall
suggested Condition of Approval #3 be deleted. In response to Mr. Event, Ms. Smith stated because of
the close proximity of an existing sewer line, the Weld County Department of Public Health and
Environment will only issue septic permits if sewer service is not available or the Town is unwilling to
provide it. In response to Chair Kirkmeyer regarding the applicant's proposal for agricultural conservation
easements, Mr. Barker proposed Condition of Approval#2.J be added to state,"The applicant shall submit
agricultural conservation easements on Lots A and B in a form acceptable to the Department of Planning
Services staff, with acceptance from the Weld County Board of Commissioners, which easement shall
expire at such time as Lots A or B are annexed by the Town of Windsor." He also suggested the addition
of Condition of Approval #2.1.10 to state, "The recording information of the Conservation Easements of
Lots A and B required under Condition of Approval #2.J." Mr. Event clarified the site is also adjacent to
the Town of Timnath's Urban Growth Boundary. Chair Kirkmeyer stated #2.J should be amended to
indicate the agricultural conservation easement will cease if the site is annexed by either Windsor or
Timnath.
Minutes, March 27, 2000 2000-0701
Page 5 BC0016
Commissioner Hall moved to approve Recorded Exemption #2650 with the Conditions of Approval as
proposed by Department of Planning Services staff, with the deletion of Condition of Approval #3, and
addition of Conditions of Approval #2.J and #2.1.10 as proposed by the County Attorney. Commissioner
Baxter seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: t**' ≥s
a Barbara J. f rkmeyer, Chair
Weld County Clerk to thj:o. .1861 O` M. J. eile, Pro-Tem
Deputy Clerk to the B ` r1%'"NI I t
E. Baxter ��
\Dale K. all
A� 1� 6
Glenn Vaad
Minutes, March 27, 2000 2000-0701
Page 6 BC0016
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