HomeMy WebLinkAbout972395.tiffHEARING CERTIFICATION
DOCKET NO. 97- 56
RE: CHANGE OF ZONE #508 FROM A (AGRICULTURAL) TO E (ESTATE) FOR A FIVE (5)
LOT MINOR SUBDIVISION - MERLE AND KARLA GRIESER
A public hearing was conducted on November 12, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 17, 1997, duly published October 23, 1997,
in the South Weld Sun, a public hearing was conducted to consider the request of Merle and Karla
Grieser for a Change of Zone from A (Agricultural) to E (Estate) for a five (5) lot Minor Subdivision.
Lee Morrison, Assistant County Attorney, made this a matter of record. Shani Eastin, Department
of Planning Services representative, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. Ms. Eastin
stated the proposed development is not prime farm ground, nor is it urban in nature; therefore, it
is consistent with the surrounding small rural residential acreages. Ms. Eastin added the property
is not located in an Urban Growth Boundary Area; however, it is located within three miles of the
Town of LaSalle. Ms. Eastin also stated, adequate water and sewer services can be made
available to the site, street and highway accesses are adequate in size, and the main access is
also an easement to an adjacent property. In response to Commissioner Hall, Don Carroll, Public
Works representative, explained there has been discussion concerning an additional pull -off space
to accommodate loading and unloading for the school bus; however, it is not currently included in
the plan. Ms. Eastin responded to Commissioner Harbert that the access on the east side of the
property is used as an oil and farm access.
Steve Stencil, Intermill Land Surveying, represented the applicant and stated the Griesers intend
to sell their present home and build a new one on the large 17 -acre lot. Mr. Stencil explained there
was a meeting with surrounding property owners in July where issues of traffic, scenic views, road
conditions, domestic water, and low water pressure were discussed. He stated the applicants have
no objections to the Development Standards or the Conditions of Approval, including the pull-out
discussed by Mr. Carroll. Mr. Stencil also stated a Home Owners Association would be appropriate
to deal with other road issues, and explained the applicant will submit a lot and road layout which
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HEARING CERTIFICATION - GRIESER (COZ #508)
PAGE 2
designates specific building envelopes for each lot. He also stated Intermill Land Surveying will
design the water system. In response to Commissioner Harbert, Mr. Stencil stated the property
does have a tap and low water pressure was discussed with the surrounding property owners. Lee
Morrison clarified the letter from the Central Weld County Water District requires the applicant to
confirm whether they meet the requirements of the Central Weld County Water District, and the
Northern Colorado Water Conservancy District. In response to Chair Baxter, Mr. Stencil stated
dust on internal roads is an issue that can be handled by the Home Owners Association; however,
the applicant does intend to upgrade the existing driveway in order to connect it to the proposed
lots. Mr. Carroll stated the road count conducted on Weld County Road 44 in 1996 totaled 813
vehicles.
Herman Peterson, surrounding property owner, submitted an overhead, Exhibit G, displaying the
area surrounding the applicant's property. He stated the property is totally surrounded by farm
ground, and added that, due to the close location of his home, he is basically included in the
subdivision against his wishes. Currently there are six houses in this half mile area; however, this
proposal would increase the number to ten. Mr. Peterson stated his concerns involving the
dangerous conditions on Road 44, and damage to local habitat. He also questioned whether the
new owner of Lot 2 would be aware of the oil well on the property. Finally, Mr. Peterson stated a
fence line cannot diminish the quality of land surrounded by good farm land.
Les Boulter, surrounding property owner, stated he is opposed to the proposal because of traffic
on Road 44 causing a hazard at the entrance to the proposed subdivision and stated the ground
is still suitable for farming. Mr. Boulter also stated the local wells do not produce good water;
therefore, the new homes would have additional expense for domestic water. In response to Chair
Baxter and Commissioner Harbert, Mr. Boulter said the land is not sandy but more like clay and
added the land could be irrigated if the water were pumped to the top of the hill from the English
ditch.
Debbie Vandehogen, surrounding property owner who grew up in the area, stated she is in favor
of the subdivision. Ms. Vandehogen explained that it would cost $19,000 - $25,000 to buy a share
of water from the English ditch, if available, and stated the ground is very rocky and not suitable
for farming. In response to Commissioner Webster, Ms. Vandehogen stated the traffic on Road
44 consists mainly of large oil and turkey trucks and indicated she is in favor of the additional pull -
off area for the school bus.
Richard Lengle, surrounding property owner, explained he is against the proposal because he is
unsure whether the designated use of the easement will be enforced, and the proposal is not
compatible with the agricultural zoning. Mr. Lengle also stated he spoke with someone at the
Planning Commission Hearing on October 7, 1997, who told him in the future he cannot do the
same development the Griesers are proposing, which is discriminatory. Mr. Morrison explained
the other property owners in the area cannot attach to previous developments; however, they can
use other means to develop their land if they desire.
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HEARING CERTIFICATION - GRIESER (COZ #508)
PAGE 3
Tom Ross, surrounding property owner, briefly stated his support for the applicant. Max Ulrick,
surrounding property owner, stated he believed the land is capable of being farmed. He added
concerns about the traffic on Weld County Road 44, and appearance of the land if left in weeds.
He also asked questions concerning the Right -to -Farm provision of the Zoning Ordinance. Mr.
Morrison explained the new residents coming into the area should expect and respect a rural
atmosphere and style of living and the Right -to -Farm will not protect farmers in case of an accident
on the road or weed burning which gets out of control and damages other property.
Don Baker, surrounding property owner, stated his concern regarding new residents being unaware
of hazardous insecticides used for Red Spiders or Russian Beetles. Mr. Baker also stated
concerns against additional livestock, pets, and traffic. In response to Chair Baxter, Mr. Baker
stated he lives on 7.5 acres.
Duane Oster, surrounding property owner, stated his support for the applicant and said there is a
nice view from the top of the ridge; however, the area is not suitable for farming, and it will be
improved with nice homes. Art Willis, Weld County resident, also spoke in support of this
development.
Carl Jepsen II, Donna Boulter, and Jean Mark, surrounding property owners, briefly stated similar
concerns to those of other surrounding property owners involving traffic and maintenance of the
ground.
On rebuttal, Mr. Stencil, explained there are oil wells on Lots 2 and 5; however, buildings are not
allowed within 200 feet. Karla Grieser, co -applicant, stated they also have problems with stray
dogs. She said they restricted the 20 -acre parcel previously sold from being torn up for dust
abatement purposes and because they would like to see more grassland and grazing in the area.
She presented a sketch, marked Exhibit H, showing the planned access route and stated they have
no problem with the additional pull-out as discussed by Mr. Carroll earlier. Responding to
questions from the Board, Ms. Grieser stated they have planted grass around their home as money
is available, and approximately five acres around their home has been mowed. She also stated
they mow along the road and are hoping to reseed more acres each year. Responding to Chair
Baxter, Merle Grieser, co -applicant, explained each lot will have a building sleeve to restrict the
placement of buildings.
Commissioner Hall moved to approve the request of Merle and Karla Grieser for a Change of Zone
from A (Agricultural) to E (Estate) for a five (5) lot Minor Subdivision, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. Mr. Morrison clarified for
Commissioner Hall that the requirement for a road agreement for internal roads, posting of
collateral, and dust control be in the final plan. Commissioner Hall stated the pull-out language
should be included on the final plat. The motion was seconded by Commissioner Harbert, and it
carried unanimously.
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PL1231
HEARING CERTIFICATION - GRIESER (COZ #508)
PAGE 4
This Certification was approved on the 17th day of November, 1997.
TAPE #97-29
DOCKET #97-56
Dale K. Hall
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY,COLO ADO
Geor e'E Baxter, Chair
Constance L. Harbert. Pro-Tem
A J�
/Barbara J. Kirkmeyer
W. H. 1lebster
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972395
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972395
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF NOVEMBER, 1997:
DOCKET #97-56 - Merle and Karla Grieser
DOCKET #97-53 - James and Jana Younger
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND AD RESS (Please include City and Zip Code) HEARING ATTENDING
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372395
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF NOVEMBER, 1997:
DOCKET #97-56 - Merle and Karla Grieser
DOCKET #97-53 - James and Jana Younger
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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