HomeMy WebLinkAbout981285.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 27, 1998
TAPE #98-19
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,
July 27, 1998, 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 Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
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 Webster moved to approve the minutes of the Board of County
Commissioners meeting of July 22, 1998, as printed. Commissioner Hall
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 Hall 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 $297,587.21
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried
unanimously.
981285
BC0016
f,n ; _/
BUSINESS:
OLD: CONSIDER VACATION OF PORTION OF EAST 18TH STREET-CORRALES
(CON'T FROM 07/20/98): Bruce Barker, County Attorney, explained this matter
was continued from July 20, 1998, due to an incorrectly dated notice. Mr. Barker
stated the Corrales' are requesting this portion of road be vacated to allow a
mobile home to be placed on the property adjacent to East 18th Street. Mr.
Barker explained the extension of East 18th Street is right-of-way by use;
however, it will have to be vacated in order to allow enough room for a trailer and
required setbacks. Frank Hempen, Director of Public Works, referred to a map
displayed on the overhead detailing proposed improvements at the northern
intersection of East 18th Street and Fern Avenue. He stated the property owner
will give property to help widen the turn at this corner if the extended portion of
East 18th Street is vacated. Mr. Hempen stated there is a traffic hazard for
vehicles trying to enter East 18th Street heading west from the East 18th Street
extension. Dave Becker, Public Works Department representative, agreed with
Mr. Hempen's comments and stated he spoke with the Greeley Bus Terminal,
which stated they will agree to the northern intersection of East 18th Street and
Fern Avenue if the angle is widened. In response to Chair Harbert, Mr. Becker
stated he is not familiar with any accident reports at these intersections. In
response to Commissioner Baxter, Mr. Hempen stated it is difficult to make a
complete stop from the East 18th extension during winter conditions and added
there is no economical way of decreasing the grade of the hill. Responding to
Commissioner Kirkmeyer, Mr. Hempen stated it is difficult to see from the
northern intersection; however, it is the better of the two and explained the
mobile home will be placed on the southeast corner of the property so it will not
block the view of traffic. Commissioner Webster commented it might be better
to leave both streets open. In response to Commissioner Kirkmeyer, Monica
Mika, Director of Planning Services, stated according to the site plan the access
will be on Fern Avenue. She further stated the original plat was approved in
1886 with the intent that the extension be abandoned and vacated. In response
to Commissioner Hall, Mr. Hempen stated the sight distance at the north
intersection is acceptable; however, the biggest concern at both intersections is
speeding. He stated if the proposed improvements to the north intersection take
place, it will improve the sight distances, as well as the angle of the turn. In
response to Commissioner Baxter, Ms. Mika stated there is one other property
which is accessed from the west.
Richard Oster, surrounding property owner, submitted an aerial photograph of
the area, marked Exhibit D, and stated the East 18th extension is a road by use.
In response to Mr. Oster, Mr. Barker stated once a road is created by adverse
use,the County Commissioners do have the ability to vacate it pursuant to State
statute. Mr. Oster stated this extension is the direct access onto his property and
indicated the location of his house on the overhead. In response to Chair
Harbert, Mr. Oster stated he prefers using the East 18th Street extension over
the alternate route from Fern onto East 18th Street which is a hazardous
intersection. Mr. Oster gave a brief description of the slope of the hill and stated
large vehicles have a difficult time getting to the top of the hill and then making
a sharp turn. Mr. Oster requested the Board deny this request because the East
18th extension is essential to agricultural uses by community members.
Minutes, July 27, 1998 981285
Page 2 BC0016
Phil Roth, surrounding property owner, stated it will be very difficult for him to pull
his stock trailer up the hill, and make the turn from Fern Avenue heading west
on East 18th Street during bad weather conditions. In response to
Commissioner Webster, Mr. Roth stated the school buses do not use the
extension. Responding to Commissioner Baxter, Mr. Roth stated he does not
use the extension when traveling west to avoid crossing traffic; however, he does
use it when coming from the west because it is too difficult to make a right turn
at the north intersection without going over into the other lane. Mr. Roth
indicated concern about condemning a road to allow one mobile home to be
placed on a parcel of land that is not big enough.
Clifford Clift, surrounding property owner, expressed concerns involving
prescriptive use and the Commissioners setting a precedence. Mr. Clift stated
he has witnessed two car wrecks due to the steep grade of the hill. He stated
there is more visibility from the west end of the extension at the top of the hill and
added the school buses have used the extension when there are poor road
conditions.
Mr. Barker stated Rosalia Corrales, applicant, submitted a letter from Abelardo
Vega, applicants representative, marked Exhibit C, explaining the reason for
their request to vacate the roadway. In response to Commissioner Kirkmeyer,
Mr. Barker explained at the time the property was replatted, Mr. Vega was told
by the Public Works Department that the roadway could be vacated and this is
also noted on the plat. In response to Chair Harbert, Mr. Becker stated the hill
is not the main concern; the problem stems from people driving too fast.
Responding to Chair Harbert, Mr. Barker stated the portion she read from the
plat is referring to a different area of East 18th Street. He further stated the road
is there by use and has been maintained by the County on a periodic basis. In
response to Commissioner Baxter, Mr. Hempen stated if the extension were not
located on the hill, it would be the better intersection of the two.
Commissioner Kirkmeyer moved to deny the request for vacation of said portion
of East 18th Street. She stated vacating this portion of road will not increase the
safety of the traveling public. Commissioner Hall seconded the motion and
stated the convenience of one person does not support inconveniencing the
community when access onto East 18th Street will not be substantially improved.
Commissioner Baxter voted for the motion and added there are potential
problems whether or not the extension is closed. The motion carried
unanimously.
NEW: CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO
ENTER UPON CERTAIN LANDS: Commissioner Kirkmeyer moved to approve
said request and authorize the Chair to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 42
BETWEEN WELD COUNTY ROADS 37 AND 39: Commissioner Webster
moved to approve said closure. Seconded by Commissioner Kirkmeyer the
motion carried unanimously.
Minutes, July 27, 1998 981285
Page 3 BC0016
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 54
BETWEEN WELD COUNTY ROADS 43 AND 45: Commissioner Webster
moved to approve said closure. Seconded by Commissioner Baxter the motion
carried unanimously.
CONSIDER REAPPOINTMENTS TO COMMUNITY CORRECTIONS BOARD:
Chair Harbert stated Sylvia McWilliams, member at large, and Kevin Strobel,
Weld County Bar Association member, will be reappointed with terms expiring
August 1, 2001. Commissioner Hall moved to approve the appointments.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO BOARD OF RETIREMENT: Chair Harbert
stated Robert Green will be reappointed as a member of the public with his term
to expire July 31, 2002. Commissioner Webster moved to approve said
appointment. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
PLANNING: CONSIDER MINOR RESUBDIVISION FOR VACATION OF ROAD
RIGHT-OF-WAY, S #452 - DIAZ: Julie Chester, Department of Planning
Services representative, gave a brief description of the location of the proposed
vacation. Ms. Chester stated a letter of opposition was received on July 21,
1998, from Thompson Collins on behalf of Fern Howard, surrounding property
owner; however, her signature is on the petition of support included with the
application. Ms. Chester recommended this request be approved and stated it
is in compliance with the Subdivision Ordinance as indicated in the
Administrative Review. In response to Commissioner Hall, Ms. Chester stated
there are platted lots behind the proposed vacation; however, they are currently
being farmed. The Board reviewed the original plat map submitted by Ms.
Chester, marked Exhibit E. In response to Commissioner Baxter, Ms. Chester
stated the portion of Third Street proposed for vacation has never been used as
a road, and there are adobe structures from the 1920's built within the right-of-
way. Responding to Commissioner Hall, Ms. Chester stated Leroy Diaz,
applicant, owns Lot 12 and his daughter owns Lot 1 adjacent to Third Street.
She added Mr. Diaz is requesting vacation of this portion of Third Street because
Lot 12 is too narrow to build a house on.
Tom Collins, Ms. Howard's representative, stated Ms. Howard owns various lots
and blocks surrounding this proposal and is opposed to the vacation of Third
Street. Mr. Collins stated Second Street has been vacated and gave a brief
description of the surrounding buildings. He stated Third Street will be
necessary to access Ms. Howard's lots if they are developed and submitted a
plan displaying the surrounding farm which she intends to sell, marked Exhibit
B. In response to Chair Harbert, Mr. Collins stated the State Highway
corresponds with First Street to the West, also known as Weld County Road 55.
He clarified Ms. Howard owns various lots and blocks surrounding Mr. Diaz'
property and stated Seventh Avenue will have to be built if her lots are
developed. Following discussion, Mr. Collins stated if Second Street was not
abandoned, Ms. Howard could use it to access her lots located in blocks 11, 20,
and 21. He further stated Mr. Diaz' lots are 25 feet in width and Mr. Howard's
Minutes, July 27, 1998 981285
Page 4 BC0016
lots are 50 feet in width. In response to Chair Harbert, Ms. Chester submitted a
resolution, marked Exhibit C. Mr. Barker stated the resolution reduced the right-
of-way from 80 feet to 60 feet. Mr. Warden stated this reduction of right-of-way
was done because various structures had been built in the right-of-way.
Commissioner Baxter stated with the reduction of right-of-way, Mr. Diaz' lot
would be 35 feet in width; however, Ms. Chester stated she is unsure if a mobile
home and septic system will fit on 35 feet. In response to Commissioner
Kirkmeyer, Ms. Chester reiterated this portion of Third Street has never been
used and there are old adobe structures in the right-of-way.
George Ashton, Ms. Howard's representative, clarified Ms. Howard is heir to one
half of her husband's properties and the other half has been involved in her
husband's estate and cannot be sold for five years. Mr. Ashton stated if Second
Street has been vacated, the only other access is Seventh Street, or State
Highway 37, which will not accommodate the development of Ms. Howard's lots.
Mr. Ashton stated this property is blocked by a fence and indicated it has been
used since 1909 as dated on the original plat. He stated vacation of this portion
of Third Street will block entry onto Eighth Avenue which accesses Blocks 1, 10,
11, 20, and 21, and asked the Board to deny this request.
In response to Commissioner Baxter, Don Carroll, Department of Public Works
representative, stated the State would have jurisdiction over access onto State
Highway 37 and its current policy is to honor accesses of a platted town.
Commissioner Kirkmeyer stated there have been substantial changes made to
the Access Code which might required the applicant to obtain an access permit
and does not guarantee it will be granted based on a platted map. Mr. Carroll
stated it is common for the State to require an alternate access be used onto a
State Highway if one is available. In response to Commissioner Hall, Mr. Barker
stated Ordinance#180 states if someone brings a right-of-way to Weld County
Standards, they can then request the County to maintain it.
Leroy Diaz, applicant, explained his request is to vacate a portion of Third Street
to allow the placement of a home. He stated he does not want to close the
street, rather vacate it so he can build into the current area of right-of-way. Mr.
Diaz stated the existing fence once bordered an adobe structure which he has
torn down and wishes to replace with a more modern home. He stated the
previous owner explained the adobe houses have been there since 1920. Mr.
Diaz stated Seventh Street does not exist, there is only Seventh Avenue. In
response to Commissioner Hall, Mr. Diaz stated there is a mobile home on Lot
11 which is west of his lot.
Commissioner Baxter stated there is an existing street not shown on the plat
which runs along the south side of the Blocks 2, 9, 12, 19, and 22. In response
to Commissioner Hall, Ms. Chester stated the Planning Department has been
using 80 feet; however, according to the resolution dated October 6, 1980, the
right-of-way is only 60 feet making Mr. Dial lot 35 feet in width. Ms. Chester
stated this space is still not wide enough for a mobile home and septic system
setbacks. Responding to Commissioner Baxter, Ms. Chester stated there is
public water available to the site. Mr. Barker submitted an Assessor's Vacation
Deed, marked Exhibit D, showing Blocks 19 and 22, and all of the area north of
the Seventh Avenue as vacated.
Minutes, July 27, 1998 981285
Page 5 BC0016
Commissioner Kirkmeyer moved to approve the Minor Resubdivision and
vacation of right-of-way on Third Street with the Conditions as listed by staff.
She stated since the north portion of the subdivision has been vacated, there is
no need for access to Ms. Howard's property through the existing subdivision.
The motion was seconded by Commissioner Hall, which carried unanimously.
Chair Harbert called for a five minute recess.
CONSIDER RE #2259 - SCHOENIG: Upon reconvening, Ben Patton,
Department of Planning Services representative, gave a brief description of the
location of Recorded Exemption (RE)#2259 and RE #2260 and recommended
denial of both exemptions. Mr. Patton stated there are no public water or sewer
services in the area, and all existing accesses are located on unimproved Weld
County Roads 13 and 102. He further stated these exemptions, if approved, will
create four lots and with RE #2201 which has already been approved in the
south half of Section 19, a total of eight lots would exist within half a section. Mr.
Patton stated the applicant is proposing a homeowners association to maintain
a shared access; road improvements agreements are not addressed in the
recorded exemption process; and the applicant has not complied with the intent
of the A (Agricultural) Zone District or the Weld County Comprehensive Plan.
Mr. Patten stated the applicant appears to be evading the Subdivision Process,
and there are possible negative effects on the rural environment. He displayed
an overhead map showing 27 separate legal lots in an area of three square
miles. Commissioner Baxter stated he has visited the area and the only roads
to this site are trails which are difficult to drive on. In response to Chair Harbert,
Mr. Patton stated the area between RE#2201 and proposed RE#2259 and RE
#2260 is a separate parcel 80 acres in size. Responding to Commissioner Hall,
Mr. Patton stated a recorded exemption does not require road improvements, a
homeowners association, or public services that would be addressed through the
subdivision process. Responding to Chair Harbert, Commissioner Baxter stated
public water services are expensive due to the distance between the site and the
surrounding water districts. In response to Commissioner Hall, Mr. Patton stated
the option of the subdivision process has not yet been discussed with the
applicant. Scott Ballstadt, Department of Planning Services, gave a brief
description of the application process and how a planner is assigned to a case.
Ms. Chester stated she did speak with the applicant when he submitted his
application and explained the concerns of proposing an additional recorded
exemption in this area.
Darrell Schoenig, applicant, stated this is the first development project he has
submitted, and stated he initially spoke with Todd Hodges, Department of
Planning Services representative, who did not mention any concerns with a
recorded exemption in the area. Mr. Schoenig stated by the time he spoke with
Ms. Chester regarding any concerns in the area, he had completed the
application and submitted the $900 application fee. Mr. Schoenig explained he
is proposing the traffic enter the development east from Larimer County Road 66
and then north on Weld County Road 13 to a driveway that will access all four
lots. A homeowners association will be established to maintain the driveway.
Mr. Schoenig expressed concern over being discriminated against because he
is the sole applicant for two side-by-side exemptions and the fact that he should
have been warned in advance of overdevelopment in the area. In response to
Commissioner Baxter, Mr. Schoenig stated the north half of Section 19 is used
Minutes, July 27, 1998 981285
Page 6 BC0016
for grazing and has been listed for sale, as well as the west half of Section 18.
Responding to Commissioner Kirkmeyer, Mr. Schoenig stated he purchased his
property on April 27, 1998, with the intend of dividing and selling it.
Commissioner Kirkmeyer clarified the applicant had prior explanation of the
subdivision process which is referenced in the recorded exemption application.
In response to Mr. Schoenig, Commissioner Kirkmeyer stated if he had
questions regarding the definition of"orderly development"he should have asked
more questions and added that he is not being discriminated against. Mr. Patton
stated the option of dividing the 160-acre parcel into three lots was not pursued
by the applicant and added the Recorded Exemption process does not address
concerns from the local fire district. Commissioner Baxter commented that,
unlike the other exemptions in the area, these four lots will be accessed from the
east and the others are accessed from the west which might cause concern for
the local fire and school districts. Mr. Schoenig stated the Wellington School
District does accept children from this area; however, the bus does not pick them
up. Monica Mika, Director of Planning Services, stated the Uniform Fire Code
requires sprinklers be installed if access to a lot is over 600 feet, which is an
additional concern due to the lack of water in the area. In response to
Commissioner Baxter, Mr. Schoenig stated well permits have been received for
all four lots. He stated the Recorded Exemption requirements conflict with the
State requirement of a minimum of 35 acres when the County limits one lot to
34.9 acres. He explained the State told him to apply for the well permits prior to
applying for an exemption. In response to Commissioner Baxter, Mr. Schoenig
stated his current home has a sprinkler system which uses a supplement tank
to meet the pressure requirements so it should not be a problem to sprinkle the
homes. Responding to Chair Harbert, Mr. Schoenig stated he spoke with a
representative for Nunn Fire District who stated fire sprinklers will not be
required.
Kevin Lerring, county resident, expressed concern regarding the effects of
continuing development on the area's environment. Mr. Lerring stated the
section south of Section 19 is a wildlife reserve and added there is a colony of
burrowing owls located within RE#2201 south of the proposed exemptions. He
requested the Board deny this request and help preserve the area's wildlife
environment.
In response Commissioner Webster, Mr. Carroll stated there is no dedication of
Weld County Road 13 and added the applicant needs to research gaining right-
of-way on either side of the section line of Weld County Road 13 north of Weld
County Road 102. He also stated a 50-foot cul-de-sac would be sufficient for a
fire truck to turnaround and the length of the access can only be 1500 feet
without having a crossroad. Mr. Carroll stated the access to the site is from
Larimer County and requested the access road be graded and drained for all
weather access. In response to Commissioner Baxter, Mr. Carroll clarified there
is no County dedication on Weld County Road 13 and the applicant needs to
provide documentation of easements or rights-of-way to get to the property. He
further stated if the road is brought to County standards, it may be difficult to get
a grader to the area since the improvements are from Larimer County heading
east. Mr. Patton read the Conditions of Approval for the record.
Commissioner Hall moved to deny Recorded Exemption #2259 based on the
amount of exemptions in an agricultural area. He stated the application has
proposed concerns that should be addressed by the subdivision process.
Minutes, July 27, 1998 981285
Page 7 BC0016
Commissioner Kirkmeyer seconded the motion. Chair Harbert expressed
concern regarding the only access being from Larimer County roads, no
evidence of a right-of-way on Weld County Road 13, and Weld County Road 102
and 15 being unimproved. Commissioner Baxter stated there are houses in the
area and it is difficult deciding where to draw the line when allowing residences
in an agricultural area. The motion carried unanimously.
CONSIDER RE #2260 - SCHOENIG: Commissioner Hall moved to deny
Recorded Exemption (RE) #2260 based on his comments as discussed in the
previous item of business. The applicant had no further comments regarding
RE#2260. The motion was seconded by Commissioner Kirkmeyer and it carried
unanimously.
SECOND READING OF ORDINANCE #147-O, IN THE MATTER OF
AMENDING MAPS TO COMPREHENSIVE PLAN: Commissioner Kirkmeyer
moved to read Ordinance#147-O by title only. Seconded by Commissioner Hall,
the motion carried unanimously. Mr. Barker read said title. Scott Ballstadt,
Department of Planning Services, gave a brief description of the property and
stated the Department of Planning Services received a letter dated April 17,
1998, from Chris Edwards and Tiffany Fullerton, owners of Lot A, requesting
their lot be included in the map since their lot is encompassed by Lot B. He
explained the First Reading included only Lot B; however, staff recommends
inclusions of Lot A. Lots A and B add 120 acres to the Comprehensive Plan
maps. Mr. Ballstadt stated there are public sewer services available from the
Saint Vrain Sanitation District. There was no public input on this matter.
Commissioner Kirkmeyer moved to approve Ordinance #147-O with an
amendment to include Lot A of RE #1140 in the legal description. The motion
was seconded by Commissioner Baxter, which carried unanimously.
SECOND READING OF ORDINANCE #191-C, IN THE MATTER OF
AMENDING MAPS TO MIXED USE DEVELOPMENT PLAN: Commissioner
Baxter moved to read Ordinance #191-C by title only. Seconded by
Commissioner Hall, the motion carried unanimously. Mr. Barker read said title
for the record. Mr. Ballstadt recommended the same revision be made to the
Mixed Use Development Plan as discussed in the previous item of business.
There was no public input concerning this matter. Commissioner Kirkmeyer
moved to approve Ordinance#191-C with an amendment to include Lot A of RE
#1140 in the legal description. Commissioner Hall seconded the motion, which
carried unanimously.
FINAL READING OF ORDINANCE #89-II, IN THE MATTER OF AMENDING
THE WELD COUNTY ZONING ORDINANCE: Commissioner Kirkmeyer moved
to read Ordinance#89-II by title only. Seconded by Commissioner Webster, the
motion carried unanimously. Mr. Barker read said title for the record. Monica
Mika, Director of Planning Services, stated the Planning Department has not
received comments regarding this Ordinance. She explained this amendment
clarifies that any Planned Unit Development (PUD) started under the PUD
portion of the Weld County Zoning Ordinance, prior to Ordinance #197 which
Minutes, July 27, 1998 981285
Page 8 BC0016
became effective on January 26, 1998,will not be required to meet the standards
of Ordinance #197. There was no public input regarding this matter.
Commissioner Hall moved to approve Ordinance #89-II on final reading.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinances#147-O and#191-C were approved on second reading. Ordinance
#89-II was approved on final reading.
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 11:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL)1, COUNTY, COLORADO
ATTEST: /ad
!� Constance L. Har rt, Chair
Weld County Clerk to e ,0-0A
( `` 4 W. H. Webster, ro- em
BY:
Deputy Clerk to the
e . Bax e
Da <, all
as rbara J. Kirkmeyer
Minutes, July 27, 1998 981285
Page 9 BC0016
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