HomeMy WebLinkAbout980905.tiff HEARING CERTIFICATION
DOCKET NO. 98-25
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT #448 FOR A FIVE (5) LOT
MINOR SUBDIVISION, JUBILEE ACRES - MERLE AND KARLA GRIESER
A public hearing was conducted on May 27, 1998, at 10:00 a.m., with the following present:
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:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 4, 1998, and duly published May 13, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of Merle and Karla
Grieser for a Site Specific Development Plan and Final Plat #448 for a five (5) lot Minor
Subdivision. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn,
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.
Dunn stated the Board approved a Change of Zone from A (Agricultural) to E (Estate) in October
1997. The lots range in size from five to sixteen acres, Central Weld County Water District supplies
water to each of the lots, and each lot will have a septic system installed. Ms. Dunn explained
there is a residence on Lot 3 where the Grieser's currently reside. There are two accesses; the
one on the east accesses oil and gas wells on Lot 5, as well as a surrounding property owner's
field. The west access, also called Jubilee Way, is an 18-foot gravel lane accessing all five lots.
Ms. Dunn stated buffer areas shown on the plat will be seeded with natural grasses and maintained
by the Homeowners Association. There are also building envelopes on Lots 1 and 2 and non-
buildable areas include setbacks, easements, and swales where water might collect. The plat
shows two fire hydrants in the minor subdivision and lists the conditions requested by referral
agencies. Ms. Dunn stated the Department of Planning Services has received numerous letters
of opposition; however, the applicant's proposal is in compliance with Section 4.6.9 of the Weld
County Subdivision Ordinance, and staff is recommending approval.
Karla Grieser, applicant, stated she and her husband, Merle Grieser, accept the Planning
Commission's recommendation with the Conditions of Approval. Ms. Grieser addressed concerns
by stating there are building envelopes on Lots 1 and 2 to protect the view of the other lots and
added the school bus and mail pull-outs have been added to the plat for safety reasons. She
furthers stated they have incorporated buffer zones to help with dust control, "20 MPH" speed limit
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HEARING CERTIFICATION - FINAL PLAT- MERLE AND KARLA GRIESER (S #448)
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signs will be posted, and the internal roads meet Weld County standards. A Homeowners
Association will be established to address outdoor storage, unlicensed vehicles, and other nuisance
conditions. The Right to Farm Covenant is shown on the plat and included in the Jubilee Acres
Protective Covenants. Ms. Grieser addressed rules regarding livestock on each of the lots and
requested the Board uphold their right as property owners to develop land, as long as they remain
in compliance. In response to Commissioner Kirkmeyer, Ms. Grieser stated the covenants will be
enforced by the Homeowners Association and this minor subdivision is dividing 40 acres of non-
irrigated dryland. Responding to Commissioners Webster and Kirkmeyer, Ms. Grieser stated
property owners will be required to accept the Covenants before they will be allowed to purchase
a lot, and clarified that School District RE-1 has reviewed the school bus pull-out.
Herman Peterson, surrounding property owner, expressed his concerns regarding the school bus
and mail carrier having to cross traffic to reach the pull-out area. Chair Harbert stated School
District RE-1 has reviewed the plans and expressed no concerns. Mr. Peterson gave a brief history
of the property and stated his opposition to having two new properties adjoining his. Mr. Peterson
also stated concern over the effects the minor subdivision will have on soil conditions and inflating
prices of surrounding properties. Chair Harbert clarified the minor subdivision has been approved
and the purpose of this hearing is to address any concerns with the proposed final plat. Mr.
Peterson commented that Commissioner Kirkmeyer was not present at the land use hearing;
however, Commissioner Kirkmeyer clarified that although she was not present, the minor
subdivision did receive a majority vote. Mr. Peterson indicated the location of his home on the map
displayed on the overhead projector. Chair Harbert stated according to the plat there will be at
least 350 feet between Mr. Peterson's home and his neighbor's. Commissioner Baxter commented
that the applicant has followed Weld County procedures and the Board has no authority to deny
the applicant's proposal based on their property rights. Mr. Peterson stated the current residents
should not have to deal with the problems that four additional houses will bring to the area. Chair
Harbert reclarified that this subdivision has been approved and testimony should be limited to
concerns regarding the final plat.
Les Boulter, surrounding property owner, stated he is opposed to the future results of the
subdivision. Mr. Boulter expressed concern over the location of the access to the subdivision
stating more traffic will result in accidents at this intersection, and he stated the location of the bus
pull-out is dangerous. In response to Commissioner Kirkmeyer, Mr. Boulter stated the bus does
not currently stop on Weld County Road 44. Mr. Boulter compared the proposed bus route to the
one on Weld County Road 42 which has traffic problems.
Ms. Dunn addressed concerns regarding more subdivisions coming into the area by stating the
Weld County Subdivision Ordinance requires Minor Subdivisions be separated by at least one-
quarter mile.
Carl Jepsen III, surrounding property owner, expressed concern with the effect of chemical spray
on lot adjacent to his fields, regardless of 40-foot setbacks and building envelopes. He stated other
farmers in heavily populated areas are being prohibited from spraying their fields and he read a
portion of the EPA Training Guide regarding crop spraying for the record. Chair Harbert clarified
the plat and Covenants of Jubilee Acres include the Right to Farm Covenant which requires new
homeowners to accept farming activities of the area. In response to Chair Harbert, Mr. Jepsen
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stated he would like to see a building envelope included on Lot 5 and addressed concerns of water
run-off from the lots to the surrounding properties. Chair Harbert stated this appears to be a slow-
growing area. Commissioner Kirkmeyer stated although the County is experiencing rapid growth,
government cannot control private property use. Mr. Jepsen stated the Change of Zone will effect
this entire area, read a portion from the Rocky Mountain News regarding growth in the Fort Collins
area for the record, and asked if the lots will be required to keep their trash in covered containers.
Chair Harbert requested the applicant address Mr. Jepsen's concern regarding covered trash
containers.
Louise Kelley, surrounding property owner, stated the building envelope on Lot 1 is the west side
and water drains to the west directly onto her property. Ms. Kelley stated her property has had
septic tank problems for years and does not feel septic systems will be effective up on the hill.
In response to Chair Harbert, Don Carroll, Department of Public Works representative, stated the
applicants have submitted a Storm Water Drainage Plan produced by Foundation Engineering and
he has no conflicts with the plan. Mr. Carroll addressed concerns regarding the flow of water by
stating storm water flows to the east where it is intercepted by borrow ditches and transferred to
the cross culvert on Jubilee Way where it continues west. He further stated there is a three
percent grade at the break of the hill; however, water will be slowed by straw bales and dispersed.
Mr. Carroll stated the Public Works Department is satisfied with the plan and when the area is
reseeded, it will look satisfactory.
Ms. Grieser explained the building envelope on Lot 1 is located on the west side of the lot so the
house will be situated on the slope to prevent blocking the view of the Peterson property, and the
maximum height of all buildings will be thirty feet. She stated the non-buildable areas on Lots 4
and 5 creates a buffer zone and added that buildings already exist on Lot 3. Ms. Grieser stated
they will build their new home on Lot 5 which is a 16.5 acre lot and they do not intend to build near
the boundary adjacent to Mr. Jepsen's fields. The historical drainage will not be altered by the
development and blowing trash will not be tolerated; therefore, the applicant is willing to include a
covenant requiring the use of covered trash containers. In response to Commissioner Baxter, Ms.
Grieser stated a septic system was installed on Lot 3 in 1986 according to Weld County standards
and it has not been a problem. Responding to Commissioner Kirkmeyer, Ms. Grieser clarified there
will be at least seventy feet from the house on Lot 5 to the boundary due to various easements, and
covered trash containers will be added to the covenants.
Following discussion, Mr. Morrison advised the use of covered trash containers be included as a
covenant rather than placed on the plat so it can be enforced by the other landowners involved in
the Homeowners Association. He suggested adding a sentence to Condition of Approval 1.b. to
state the Covenants must be approved by the County Attorney with the addition of a Covenant
regarding covered trash containers. In response to Commissioner Baxter, Sheble McConnellogue,
Health Department representative, stated a perk test was conducted at the site on June 6, 1986,
with a percolation rate of 13.9 per inch, which is an acceptable rate. Ms. McConnellogue stated
she reviewed an engineer's report which indicated there are some soil limitations; therefore,
engineer designed septic systems may be required.
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Commissioner Hall moved to approve the request of Merle and Karla Grieser for a Site Specific
Development Plan and Final Plat #448 for a five (5) lot Minor Subdivision with the addition to
Condition of Approval 1.b. as stated above, based on the recommendations of the Planning staff
and the Planning Commission, with the Conditions of Approval as entered into the record. The
motion was seconded by Commissioner Webster, and it carried unanimously.
This Certification was approved on the 1st day of June, 1998.
APPROVED:
ATTEST: XL/ �`� f'_ , / a� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the B+ --4 9
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BY: :.G -. ✓._.ram r '
Deputy Clerk to the B;� )11
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TAPE #98-13
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DOCKET#98-25
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B bara J. Kirkmeyer
980905
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27 DAY OF May, 1998:
DOCKET#98-25 - Merle and Karla Grieser, Final Plat#448 for Minor Subdivision
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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