HomeMy WebLinkAbout981241.tiff HEARING CERTIFICATION
DOCKET NO. 98-40
RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR A FIVE-LOT
MINOR SUBDIVISION - LARRY G. INTERMILL
A public hearing was conducted on July 15, 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, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Ben Patton
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 25, 1998, and duly published July 1, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of Larry Intermill for
a Change of Zone from A (Agricultural) to E (Estate)for a five-lot Minor Subdivision. Lee Morrison,
Assistant County Attorney, made this a matter of record. Ben Patton, 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, with proposed Conditions
of Approval. He stated the parcel is located on approximately 34.99 acres, previously recognized
as Lot A of Recorded Exemption #2130, and it is located north of and adjacent to Weld County
Road 66 approximately 1/4 mile east of Weld County Road 51. Mr. Patton further stated the
application does meet the requirements of the relevant County regulations, and review by
Department of Public Works indicated no concerns with the proposal.
Steve Stencil, Intermill Land Surveying, represented the applicant and stated Mr. Intermill has no
objections to the proposed Conditions of Approval. Responding to Commissioners Baxter and
Webster, Larry Intermill explained the parcel is not prime farmland and only ten acres was irrigated
to begin with. He said everything east and north of the road is sub-irrigated, it is very marshy, and
he was unable to farm it; however, the soil investigation says it is suitable for buildings and a septic
system. Responding to further questions from Commissioner Baxter, Mr. Intermill indicated the lots
are six to seven acres in size and irrigation will be available for grass or hay. Commissioner
Kirkmeyer questioned the concerns brought forth by Jim Anderson and Gerald Roth in the Planning
Commission hearing, and Mr. Intermill pointed out the ditches. He stated Mr. Anderson does have
access delineated as an irrigation easement for ingress and egress on the Recorded Exemption.
Mr. Intermill explained Mr. Roth does not farm in this section and he is unaware of his exact
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HEARING CERTIFICATION - FIVE-LOT MINOR SUBDIVISION - INTERMILL (Z#511)
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location, although Mr. Roth uses the same ditch. Further responding to Commissioner Kirkmeyer,
Mr. Intermill stated the water district has no conflict with the proposed subdivision.
Gerald Roth, surrounding property owner, stated his objections to the subdivision, indicating the
original farm has been subdivided into three parcels, there are too many divisions in the area, and
there will be 15 neighbors who do not understand farmers. He stated the original charter of the
North Weld Water District restricted use of water in the middle of the day since there is not enough
pressure, and presented a post card from the North Weld Water District, marked Exhibit F,
recommending voluntary water restrictions. Commissioner Kirkmeyer stated the water district has
indicated the water is available and can be provided; and added a building permit will not be issued
if there is no water. Mr. Roth indicated the ditch for Commissioner Kirkmeyer and stated the ditch
does not run directly through this parcel and he is opposed to the growth of residences in the area.
Doug Campbell, Senior Field Land Man for Patina Oil and Gas, stated there are four oil and gas
wells currently operating in the southwest quarter of Section 20, although only one well is on site.
Mr. Campbell stated the wellhead is in a very close area; the tank battery is along Weld County
Road 66. He indicated the location of the wells and the underground flow lines of each well which
tie into the tank and stated high pressure gas lines also travel through the site. Responding to
Commissioner Webster, he stated the lines are four or five feet underground. Responding to Chair
Harbert, Mr. Campbell indicated Patina's concern is the safety issue of having high pressure lines
running through the site. Commissioner Kirkmeyer questioned the lines lying within the subdivision
and Mr. Campbell stated the line marked "proposed" on the plat map is not the Patina line. Mr.
Morrison verified it is marked "proposed easement" and not "proposed pipeline". Mr. Patton stated
the applicant is willing to alter the building envelop location for Lot 3. Mr. Morrison responded to
Commissioner Hall that it is appropriate to add certain Conditions to become part of the Final Plat.
Responding to Commissioner Kirkmeyer, Mr. Morrison stated the Final Plat for a Minor Subdivision
does come before the Board, and since the Final Plan has to be consistent with the Change of
Zone, the Board can require any additional easements or corrections to the building envelope be
included in the Final Plan. Responding to Commissioner Hall, Mr. Campbell indicated his concern
is that line locations have not been requested, and everyone should be aware of the presence of
the lines. Mr. Morrison verified for Chair Harbert there are no space limits in the regulations for
building on a gas line; although the County rules require an easement, there are no setback
requirements, therefore, the easement must be large enough to ensure a margin of safety.
Mr. Intermill stated gas line locations were staked out by two different companies, and he indicated
the gas line along the route of the proposed easement, as well as the other four gas lines. Mr.
Intermill also stated there is no regulation for how close to a well a house can be built, only how
close to a house a well can be dug, which is 100 feet. The building envelope is 150 feet from the
well. After further discussion, Commissioner Kirkmeyer noted there are no mineral estate owners
or interests listed who received notice with surrounding property owners, which might be why
Patina Oil did not meet with Mr. Intermill, and explained the intent of the Comprehensive Plan
regarding placement of homes close to wells. Mr. Intermill responded the lines will be located and
if lines need to be moved or easements granted, he will do it.
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HEARING CERTIFICATION - FIVE-LOT MINOR SUBDIVISION - INTERMILL (Z#511)
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Responding to Mr. Morrison, Mr. Intermill stated the irrigation plan will be administered by a
Homeowners' Association. Mr. Morrison suggested Finding 2(C) should state an irrigation plan will
be provided and that the final plan will demonstrate provisions for the creation of a Homeowners'
Association to manage the irrigation system. Responding to Chair Harbert, Mr. Morrison clarified
the management of the irrigation plan would probably fit better added to Condition#4(B) and should
state, "the irrigation system will be managed by a Homeowners' Association, which form will be
established prior to recording the Final Plan." Commissioner Kirkmeyer clarified with Mr. Patton
that the western part of Lot 3 will be removed.
Commissioner Hall moved to approve the request of Larry G. Intermill for Change of Zone #511
from A (Agricultural) to E (Estate) for a five-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; with the addition to Condition #4(B) as stated
by Mr. Morrison, and inclusion of language to Finding #2(C) that irrigation is available and an
irrigation management plan will be provided. The motion was seconded by Commissioner Webster.
Commissioner Kirkmeyer questioned whether oil/gas easements need to be added in or if they
should be considered at the final stage. Mr. Morrison gave possible language; however,
Commissioner Hall indicated that is already understood. On a call for the vote, the motion carried
unanimously.
This Certification was approved on the 20th day of July, 1998.
APPROVED:
ATTEST: �� BOARD OF COUNTY COMMISSIONERS
4,dif�► ¢ It WELD COUNTY, COLORADO
Weld County Clerk't th . ' •: "
EXCUSED DATE OF APPROVAL
Const ce L. Harbert, Chair
BY:
Deputy Clerk to � •�_ • � � � te
W. H. ebster, Pro-Tern
TAPE #98-18 I
eorg . Baxter
DOCKET#98-40
Da a K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
981241
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15th DAY OF JULY, 1998:
DOCKET#98-34: USR #1184 for an Equinine Breeding, Boarding, & Training Facility - J.
Frank & Marian Hobbs
DOCKET#98-40: COZ A(Agricultural)to E (Estate)for 5-lot Minor Subdivision - Larry Intermill
DOCKET#98-41: PUD COZ create 4 E (Estate) Zone Lots and 1 A (Agricultural) Zone Lot -
Kermit Bohrer
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.
ME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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