HomeMy WebLinkAbout981182.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 8, 1998
TAPE #98-16
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 8, 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- TARDY
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
READ ORDINANCE
BY TAPE: READ ORDINANCES #147-0 AND #191-C BY TAPE: Commissioner Baxter
moved to read Ordinances #147-0 and #191-C by tape. Seconded by
Commissioner Hall, the motion carried unanimously.
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of July 6, 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 Webster seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no Commissioner Coordinator Reports.
981182
cc i/ J/, A BC0016
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 $281,954.81
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BIDS: PRESENT COURTHOUSE SECURITY BID - FINANCE DEPARTMENT: Pat
Persichino, Director of General Services, presented the four bids received. Said
bids will be considered for approval July 22, 1998.
(Clerk's note: Commissioner Kirkmeyer is present.)
BUSINESS:
NEW: CONSIDER AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR
IMPROVEMENTS AT THE INTERSECTION OF WELD COUNTY ROAD 77 AT
STATE HIGHWAY 14 AND WELD COUNTY ROAD 392 - GILLILAND: Frank
Hempen, Director of Public Works, stated this agreement to purchase
right-of-way from Wayne and Joyce Gilliland is necessary to complete
improvements at the intersection of Weld County Road 77 at State Highway 14
and Weld County Road 392. Mr. Hempen explained the right-of-way will cost
the County $2,500. Commissioner Baxter moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Webster, the
motion carried unanimously.
CONSIDER RESOLUTION RE: PARTICIPATION IN BIG THOMPSON
WATERSHED FORUM, CONTRIBUTION OF$1,000 AND APPOINTMENT OF
COMMISSIONER W. H. WEBSTER TO SERVE AS WELD COUNTY'S
REPRESENTATIVE: Commissioner Hall moved to approve said resolution.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING: CONSIDER IMPROVEMENTS AGREEMENT FOR POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE)
FOR JUBILEE ACRES MINOR SUBDIVISION,ACCEPT COLLATERAL,AND
AUTHORIZE CHAIR TO SIGN - GRIESER: Eric Jerman, Department of
Planning Services representative, stated an Irrevocable Letter of Credit has
been received in the amount of$49,407 on behalf of Merle and Karla Grieser
for Jubilee Acres Minor Subdivision. Commissioner Webster moved to approve
said improvements agreement, accept said collateral, and authorize the Chair
to sign said agreement. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
Minutes, July 8, 1998 981182
Page 2 BC0016
CONSIDER IMPROVEMENTS AGREEMENT FOR POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS)
FOR SUMMIT PEAKS ESTATES,ACCEPT COLLATERAL,AND AUTHORIZE
CHAIR TO SIGN - GREEN ACRES ENTERPRISES, LLC: Monica Mika,
Director of Planning Services, stated an Irrevocable Letter of Credit has been
received in the amount of$197,000 on behalf of Green Acres Enterprises, LLC,
for Summit Peaks Estates. Ms. Mika stated upon review, the County Attorney,
Public Works Department, and Planning Services recommend acceptance of
said collateral and approval of this agreement. Commissioner Kirkmeyer moved
to approve said agreement, accept collateral, and authorize the Chair to sign.
Seconded by Commissioner Webster, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR LAKU
LANDING, USR#908 -YASTROW/HOCKING: Sharyn Frazer, Department of
Planning Services representative, stated all work has been completed at the site
as required by the Improvements Agreement. She further stated the surety
bond has expired requiring the entire amount of $14,507 be cancelled and
released. Commissioner Webster moved to release said collateral. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR
HILLCREST ESTATES MINOR SUBDIVISION, S #445 - FRANCIS: Ms.
Frazer stated all work has been completed in accordance with the
Improvements Agreement and recommended the Board retain 15 percent, or
$500 of the $25,775 collateral originally accepted, for the period of one year.
At the request of the applicant, the Public Works Department will reinspect the
site and if no improvements are needed the remaining collateral will be
released. Commissioner Baxter moved to release said collateral as discussed.
Commissioner Hall seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #2211 - GREG REEVES/PATTY
DEPLAZES: Julie Chester, Department of Planning Services representative,
gave a brief description of the proposed Recorded Exemption (RE) and stated
one year ago the applicant owned all of Section 17. Since that time staff
approved RE #2119 for 160 acres consisting of three buildable lots in
November, 1997. Ms. Chester stated the applicant applied for RE #2211 in
April, 1998, for three buildable lots, which will be located west of and adjacent
to RE #2119. The east half of the section was sold to Brunello, LLC, and one
week later they applied for RE #2225 to create two buildable lots, with the
remainder of the parcel proposed to be divided into three eighty acre parcels.
Ms. Chester stated the applicants have not demonstrated orderly development
of the property and appear to be evading the subdivision process. She stated
this land is classified as prime farmground if irrigated and gave a brief
description of the intent of the Weld County Comprehensive Plan. Ms. Chester
stated staff is recommending denial due to concerns with the possibility of eight
lots accessing Weld County Road 104, which is an unimproved road, as well as
fire trucks, police, and school buses not being able to service the lots. In
response to Commissioner Kirkmeyer, Ms. Chester stated RE #2119 was
approved by staff in November, 1997, and explained a 160 acre parcel is eligible
for a three lot recorded exemption; however, the location of RE#2119 indicates
Minutes, July 8, 1998 981182
Page 3 BC0016
the applicant intended to subdivide the entire section. Responding to
Commissioner Hall, Ms. Chester stated Lots A and B of RE #2119 are 9.64
acres in size and RE #2211 is proposing the same sizes for Lots A and B as
well. In response to Chair Harbert and Commissioner Baxter, Ms. Chester
clarified the east half of the section has been sold to Brunello, LLC, and stated
Weld County Road 17 is maintained; however, Weld County Roads 15, 104 and
106 are not maintained. Responding to Commissioner Kirkmeyer, Ms. Chester
stated staff had no concerns when RE#2119 was approved; however, when the
next two requests came within such a short period of time, it began to imply that
the applicant was starting a strip development. Ms. Chester stated currently the
ground is planted with dryland crops and the site is located seven miles from the
Town of Nunn. She explained the Nunn Fire District did not respond because
they were under the impression that a recorded exemption required the adjacent
road to be improved to County standards; however, once she explained this is
not required, they did express concern by phone about being able to get a fire
truck into the proposed sites.
Patty Deplazes, applicant, clarified she and her husband do not intend to evade
the subdivision process. Ms. Deplazes stated they are placing the smaller lots
on the south side of the property and will continue farming the larger lots to the
north. She stated there are no agricultural well permits available because water
has been over appropriated in the area and explained they will decrease the
impacts on agriculture by creating large lots to allow for a few animals. Ms.
Deplazes stated they are willing to enter into a Road Improvements Agreement
to bring Weld County Road 104 up to County standards and added that by
clustering ten-acre lots to the south, there is more control over where the
houses will be built and which road will be accessed. Ms. Deplazes explained
due to poor weather conditions and low commodity prices, they are attempting
to stabilize the financial situation for the remainder of the farm. In response to
Commissioner Hall, Ms. Deplazes stated there are no agricultural wells
available; however, they have applied for domestic wells. She explained the
remaining portions of the lots will provide enough room to raise dryland grasses
for pasture or to park equipment. Responding to Commissioner Kirkmeyer, the
applicant stated she lives southeast of the Town of Nunn and they have farmed
Section 17 for approximately five years. Currently they own the west half of
Section 17. In response to Commissioner Baxter, Ms. Deplazes stated they
have been farming the entire section in dryland wheat, so dryland grasses could
be successfully managed. In response to Commissioner Hall, she stated the
building envelope for RE #2119 is on the plat and has been approved; the
proposed envelope for RE #2211 is in the same location. In response to
Commissioner Kirkmeyer, Ms. Deplazes clarified they did attempt to cluster the
lots with shared accesses in the southern half of the section. Following
discussion, Bruce Barker, County Attorney, stated RE #2119 has already been
approved and due to a size requirement on Lot C, it would be difficult to
combine Lot C from each exemption. Ms. Chester suggested a vacation of RE
#2119; however, one of the ten-acre lots is already under contract. Responding
to comments made by Commissioners Hall and Baxter, Ms. Deplazes reiterated
they created the smaller lots in a cluster to minimize the effects on agriculture
and intend to continue farming the two larger lots.
Minutes, July 8, 1998 981182
Page 4 BC0016
There was no public input concerning this matter. In response to Commissioner
Baxter, Ms. Chester stated the building envelope on Lot C of RE #2119 is
located on the north to be accessed from Weld County Road 106 and is 16.92
acres in size. The Board reviewed the recorded plat for RE#2119. Ms. Chester
stated a building envelope has not yet been indicated for RE #2211; however,
this is a standard requirement before a final plat can be recorded. In response
to Commissioner Kirkmeyer, Ms. Chester stated there is no time limit for dividing
the 140 or 80 acre parcels; however, the recorded exemption cannot be split for
ten years. Commissioner Kirkmeyer stated she will vote to deny this application
due to the difficult management of ten-acre parcels without water, the linear
subdivision of this section, and the number of accesses which will be created on
Weld County Road 104. In response to Chair Harbert, Ms. Deplazes stated
they are satisfied with their proposal; however, if necessary they will continue
this matter and discuss other options with the Planning staff. She further stated
reducing the accesses from two to one will be difficult because the access for
RE #2119 is already recorded and under contract. Commissioner Baxter
commented the number of accesses is not a concern because the owners of the
proposed residences will be the only people to be using this portion of road and
the applicant has agreed to improve the road to County standards. Ms. Chester
suggested a Change of Zone could be used which would also limit the number
of animals allowed on each lot. She further stated the applicant proposed the
location of the building envelope. Ms. Deplazes explained they positioned the
building envelope on Lot C on the north to avoid an access having to run
between Lots A and B and because it will be easier to reach from Weld County
Road 106. She clarified she and her husband intend to farm this portion of the
exemption and did not give much consideration to the location of a home. Ms.
Chester suggested Lot C could be designated as a conservation easement to
keep agricultural uses intact. In response to Commissioner Baxter, Ms. Chester
stated a subdivision will need public water. Ms. Deplazes stated this site is
located several miles from any public water districts.
Commissioner Hall moved to approve Recorded Exemption #2211 requiring the
applicant to designate a building envelope on Lot C before recording the final
plat, submit a Road Improvements Agreement to the Public Works Department
for improvements to Weld County Road 104, and draft an access agreement for
Lots A and B. He stated this is not an urban area, the lots are clustered, and
amending the previous exemption will result in additional time and money which
is not necessary for a development in such a rural area. Commissioner
Webster seconded the motion. Commissioner Hall amended his motion to
include the Conditions of Approval as submitted by staff. Commissioner
Webster accepted the amended motion. In response to Chair Harbert, Mr.
Carroll stated Weld County Road 106 is in similar condition to Road 104 and
requested the road be graded and maintained for all weather access if a house
is built on Lot C. Chair Harbert indicated the applicant should be required to
bring Weld County Road 106 to County Standards at the time a building permit
is applied for. In response to Commissioner Hall, Mr. Carroll explained County
road standards are explained in Ordinance#180, Section 20, and "All Weather"
requirements use the existing road materials to grade and create borrow ditches
for drainage and property accesses. Mr. Barker suggested including additional
wording in Condition of Approval B to state, "The applicant shall submit to the
Minutes, July 8, 1998 981182
Page 5 BC0016
Department of Planning Services, a written access agreement for use between
Lots A and B." He also suggested additional wording be added to Condition F
requiring the applicant to submit a Road Improvements Agreement for Weld
County Road 104 prior to recording the plat. Following discussion, Mr. Barker
suggested adding a condition requiring a Road Improvements Agreement be
approved prior to recording the plat or prior to being granted a building permit.
In response to Commissioner Hall and Chair Harbert, Mr. Barker stated the
applicant could be required to improve the road prior to selling the property.
Commissioner Kirkmeyer commented that Weld County Road 106 is not
maintained by the County and the property owner will need to be aware that
they are responsible for bringing Weld County Road 106 to County standards
before it will be maintained by the County. Commissioner Hall stated he did not
feel this information needed to be added to the plat and left his motion
unchanged. In response to Chair Harbert, the applicant agreed to the
Conditions of Approval. On roll call the motion carried three to two, with
Commissioners Baxter, Hall, and Webster, voting in favor of the application, and
Commissioner Kirkmeyer and Chair Harbert opposed.
CONSIDER RECORDED EXEMPTION#2225-BRUNELLO, LLC, c/0 JOHN D.
NELSON: Ms. Chester stated the Recorded Exemption (RE) #2225 is located
east of RE#2211 discussed in the previous item of business. She stated staff
has the same concerns for this RE as with the previous and stated the history
of this property was also addressed in the discussion of the previous RE. Ms.
Chester stated this property is currently owned by Brunello, LLC.
Tom Smith, co-applicant with John Nelson, stated he and his partner have
discussed alternate accesses from Weld County Road 17 be used rather than
Weld County Road 104 to reduce the amount of traffic entering Road 104. Mr.
Smith also submitted a map of the modified boundary, marked Exhibit#18, for
the Board to review. In response to Commissioner Baxter, Mr. Smith stated the
new proposal will reduce Lot A to approximately nine acres. The remaining
acres would become part of Lot B. Mr. Smith explained this proposal will utilize
the topography of the land and the lots will be separated by a drainage ditch
running through the parcel. He added the land will be farmed or planted with
grasses, but currently Greg Reeves and Patty Deplazes are farming the area.
Mr. Smith stated they would like to designate three to five acres as building
envelopes on the remaining eighty acre parcels for future use. The remainder
of the lots will be farmed. Responding to Commissioner Baxter, Mr. Smith
stated they are requesting two houses be placed on the southern lots and intend
to continue farming the three eighty acre parcels. He stated they would prefer
to access the two lots from Weld County Road 17 which has utilities and added
they have received well permits for the two lots. Commissioner Kirkmeyer
expressed concern over the distance between the proposed accesses on Weld
County Road 17 and its intersection with Weld County Road 104.
Commissioner Hall stated he does not feel accessing Weld County Road 17 or
reducing the lot sizes will be a benefit. In response to Commissioners Hall and
Webster, Mr. Smith stated he and his partner would agree to using a shared
access between Lots A and B but would prefer they access Weld County Road
17 rather than Weld County Road 104 due to the condition of the road and
utilities. In response to Commissioner Webster, Mr. Carroll stated he had no
Minutes, July 8, 1998 981182
Page 6 BC0016
knowledge of the applicant's intent to change the lot sizes; however, since the
applicant of RE#2211 has agreed to improve Weld County Road 104, he sees
no problem with adding one or two more accesses to this road. Ms. Chester
discussed alternate accesses on Weld County Road 17 to ease the amount of
usage on Road 104. In response to Commissioner Kirkmeyer, Mr. Carroll
stated there needs to be at least 75 feet between an intersection and an access.
Mr. Smith estimated there is 300-400 feet from the intersection to the proposed
access. Following discussion, Mr. Smith stated the land north of the drainage
is not better suited for a house, it just seemed to better utilize all of the land
available. Responding to Commissioner Hall, Mr. Smith clarified the utilities run
along Weld County Road 17. He further stated the domestic water permit
applications were for lots measuring 35 and 47 acres in size, and he is unsure
whether the wells can be moved. He may need to reapply for a permit on the
smaller north parcel. Commissioner Kirkmeyer clarified there is a 35-acre
minimum per well and Chair Harbert commented it does not seem fair that these
lots will benefit from the improvements done to Weld County Road 104 without
participating in the expense.
There was no public comment concerning this matter.
Ms. Chester submitted Conditions of Approval for the Board and the applicant
to review. In response to Commissioner Hall, Mr. Barker clarified the Board is
considering approval of the parcels as originally applied for, not the submitted
proposal of the applicant. He stated if the applicant wishes to change the lots
he must reapply. Mr. Smith stated he and Mr. Nelson will leave the lots as
designated in the original application. Mr. Barker recommended adding
verbiage to Condition #2.A to require an agreement be made between the
applicant and the owner of RE #2211 concerning the sharing of costs for the
improvements of Weld County Road 104. Commissioner Kirkmeyer clarified the
applicant will then be responsible for improving the distance adjacent to the
property, or one half of the section. Mr. Smith expressed concern that his
application has one access on Weld County Road 104 and the other property
owner has several making it unfair to split the cost in half. Chair Harbert
explained in an incorporated area the property owner is responsible for
improvements made adjacent to his property. In response to Commissioner
Webster, Mr. Barker discouraged basing the amount of improvements done on
the number of accesses used. Mr. Smith requested the Board continue this
matter to allow him time to discuss these decisions with his partner. Following
discussion, Commissioner Hall moved to continue this matter to July 29, 1998,
at 9:00 a.m. Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER RECORDED EXEMPTION #2245 - WILL SCHORRE: Sheri
Lockman, Department of Planning Services, stated Recorded Exemption#2245
is an 80-acre parcel which is located approximately six miles west of Nunn, and
is one-half mile south of the property discussed in the previous Recorded
Exemption. Ms. Lockman gave the history of the property which includes
several property divisions with RE #2028, RE #2126 and, currently, the
application for RE #2245. Staff feels the previous owners were evading the
intent of the Subdivision process, and approval of this request will have created
Minutes, July 8, 1998 981182
Page 7 BC0016
seven buildable lots on a one-half section in the last year. Ms. Lockman
indicated the well permit was for a domestic well. Al Schorre, applicant's father,
explained he purchased the property under the impression that it would be
possible to obtain a Recorded Exemption for it. He stated failing health for his
spouse brought them to Colorado, he is nearing retirement, and they would like
to have a small apartment at the back of the barn for his son and wife to live in.
Mr. Shorre stated they intend to keep the property together, not divide it further.
Will Shorre, applicant, stated there is an adequate water supply, and Weld
County Road 15 is in excellent shape. He submitted copies of photographs of
the road, marked Exhibit A. Ms. Lockman clarified for Commissioner Baxter that
the RE is necessary because Mr. Schorre is going to live in the barn, which
makes it a separate residence. Mr. Schorre clarified for Chair Harbert that they
will only have a few domesticated animals, not a livestock operation.
Mr. Will Schorre responded to Commissioner Hall that the application was
submitted prior to closing on the property, and said it seemed no problems
would be encountered with a Recorded Exemption, since Mr. Bellmore had split
his property twice. He stated the barn will house only a few horses, and he and
his wife will have an apartment in the back. Commissioner Baxter discussed
with the applicants the problems created by dividing the land into too many
parcels. Mr. Will Schorre stated he wants to keep the property together and to
be near his parents. He also indicated there is no problem delivering kids to a
school bus stop.
Commissioner Kirkmeyer verified that the proposed Conditions of Approval are
agreeable with the applicant and that the well permit was received by the
applicant. No public testimony was given. Commissioner Kirkmeyer moved to
approve RE #2245, with the proposed Conditions of Approval, stating the
Schorre's were not the ones who did all the divisions; therefore, they should not
be punished for it. Commissioner Webster seconded the motion, which carried
unanimously.
FIRST READING OF ORDINANCE#147-O, IN THE MATTER OF AMENDING
MAPS TO COMPREHENSIVE PLAN: Scott Ballstadt, Department of Planning
Services gave a brief description of the area to be added to the Weld County
Comprehensive Plan Structural Land Use Map 2.1. There was no public input
concerning this matter. Commissioner Webster moved to approve Ordinance
#147-O on first reading. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
FIRST READING OF ORDINANCE#191-C, IN THE MATTER OF AMENDING
MAPS TO MIXED USE DEVELOPMENT PLAN: Mr. Ballstadt stated the same
change as is being made to Ordinance#147-O is also proposed for the Mixed
Use Development Plan, Structural Land Use Map 2.1. There was no public
input concerning this matter. Commissioner Baxter moved to approve
Ordinance#191-C on first reading. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
Minutes, July 8, 1998 981182
Page 8 BC0016
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinances#147-O and #191-C were approved on first 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 11:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4,8EXCUSED DATE OF APPROVAL
ATTEST: � � � y� �� Constaice L. Harb rt, Chair
Weld County Clerk tot a ,i, �� iLcidivJV
�� �' ;, �1 �—�I W. H. Webster, o-Tem
BY: �
Deputy Clerk to tF = ^ �� t /tea
����� . Baxter
Dale K. all
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
Minutes, July 8, 1998 981182
Page 9 BC0016
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