HomeMy WebLinkAbout971148.tiff HEARING CERTIFICATION
DOCKET NO. 97-31
RE: CHANGE OF ZONE#506 FROM A (AGRICULTURAL)TO E (ESTATE) FOR A FIVE-LOT
MINOR SUBDIVISION -TOM FRANCIS / HILLCREST ESTATES
A public hearing was conducted on June 18, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tern
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
The following business was transacted:
I hereby certify that pursuant to a notice dated May 21, 1997, and duly published May 29, 1997,
in the South Weld Sun, a public hearing was conducted to consider the request of Tom Francis for
Change of Zone#506 from A (Agricultural) to E (Estate) for a five-lot Minor Subdivision, Hillcrest
Estates. 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. She
submitted for the Board's review a copy of the Storm Lake Drainage District Agreement, Exhibit B
for the record, which was a result of discussion at the Planning Commission Hearing. Tom Francis,
applicant, was present and stated he was raised on a homestead farm and is very familiar with the
family farming operation. He responded to the Board concerning the 100-foot easement for Storm
Lake Drainage District and explained the line was installed in 1916. He noted some easements
are in place but were not recorded, and he wants this agreement in force to avoid confusion.
(Changed to Tape #97-17 during Mr. Francis' comments.) Mr. Francis also stated the lots are
large; therefore, sufficient space for homes will still be available, and he suggested building
envelopes to prevent infringement of the drainage. Mr. Morrison clarified the existing drainage line
created an easement by use, which is not recorded; therefore, the written agreement makes it more
clear. He noted the extent of the easement is not clear; however, the easement is necessary for
maintenance. Mr. Francis recognized the importance of agricultural production and stated he has
no problem with the 100-foot easement. He also stated it is possible that the easement may be
narrowed with a future replacement of the line. Mr. Francis confirmed all Conditions of Approval
are acceptable. Steven Corbiere, surrounding property owner, voiced concerns about the lack of
water, weed growth, and soil conservation. He stated Mr. Francis offered to purchase his irrigation
well and also to enter into a cooperative homeowners program to split the use of the well; however,
he declined both offers for fear of decreasing his own property value. Responding to questions
from the Board, Mr. Corbiere stated the area was farmed and irrigated by pumping from the ditch
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RE: HEARING CERTIFICATION - FRANCIS / HILLCREST ESTATES (COZ#506)
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last year. Lowell Miller stated he bought ground from Mr. Francis and complimented him on his
integrity. He stated he would much rather see this type of development than high-density housing.
He reiterated Mr. and Mrs. Francis stand behind their word and explained he intends to use his
property for bio/ag research on animals. Prior to Mr. Francis' rebuttal, Ms. Eastin suggested the
following language be added to Condition of Approval#3.C.: "A 100-foot easement for maintenance
and replacement for the Storm Lake Drainage District shall be shown on the plat." Responding to
the irrigation issue, Mr. Francis stated the ground has been seeded in native dryland grass and he
has ran four recreational horses on eight acres of dryland for the past ten years on a rotating basis.
He reiterated he was unable to form a water association with Corbiere; however, he can negotiate
a different water agreement at considerable expense, if the Board determines irrigation is
necessary. Responding to questions from the Board, Mr. Francis stated he did not operate this
farm last year but explained how the irrigation system worked. He said the problem with not
sharing the irrigation pump is that it is not possible to keep a constant water supply. Mr. Francis
stated the covenants will include the restricted use of North Weld water to irrigate, as well as weed
control. He stated he anticipates horses and small livestock operations in a rural environment. Ms.
Eastin clarified home owners associations and covenants are not required for minor subdivisions;
therefore, Mr. Francis is not required to obtain approval. Chair Baxter voiced concern that some
water be available to prevent blowing soil. Mr. Francis stated the soil is good but does blow
occasionally; however, grass is established. Commissioner Harbert stated concern about the need
of water for pasture land, if livestock is allowed, and to control dust. Mr. Francis reiterated he can
make water available at considerable cost, and Commissioner Webster stated he does not agree
with requiring the developer to make water available. He stated there is a variety of dryland
grasses available, which will establish effectively if maintained correctly. After further comments
from the Board, Mr. Francis stated there are various methods of delivery systems, for which the
cost will be included in the price of the lots. Mr. Morrison clarified this hearing is for the Change
of Zone only, and the time to finalize issues is at the Final Plat hearing. Commissioner Hall agreed
dryland grasses are acceptable, and water should not be a requirement. Don Carroll, Public Works
Department, stated utility easements are identified on the plat and there may be possibilities for
delivery of water. Ms. Eastin confirmed for Commissioner Kirkmeyer that Condition of Approval
#5 can be deleted since the Storm Lake Drainage District Agreement was submitted. After further
discussion concerning irrigation water and dust control, Mr. Morrison suggested the Board clarify
whether it is going to require water and what plans are acceptable. He further explained the Board
may require water if it desires, but the policy issue is the Board's to determine as a matter of law.
Commissioner Harbert suggested adding Condition of Approval #4.H. requiring the applicant to
negotiate an irrigation water delivery system to each lot. Commissioner Kirkmeyer stated she
would like more flexibility to allow the applicant more discretion. Limiting the number of animals
allowed on each lot was also discussed, and Mr. Morrison stated the covenants could address
overgrazing and dust control. Commissioner Kirkmeyer then moved to approve the request of Tom
Francis for Change of Zone#506 from A (Agricultural) to E (Estate)for a five-lot Minor Subdivision,
Hillcrest Estates, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record, including the additional
language to Condition of Approval #3.C., and the replacement of Condition of Approval #5 with
language directing the applicant to address a dust control plan in the covenants. The motion was
seconded by Commissioner Webster, and it carried unanimously.
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RE: HEARING CERTIFICATION - FRANCIS I HILLCREST ESTATES (COZ#506)
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This Certification was approved on the 23rd day of June, 1997.
APPROVED:
ATTEST: � �WI
/ BOARD OF COUNTY COMMISSIONERS
.5�� �►`�!�� WELD UNTY, COLORADO
, �I/
Weld County eo /� B Y4 Cl .t ,
2 Geo e . Baxter, Chair
BY: 'l i =.". . � '��• ��j
Deputy CI o 6 '•�rd �►1 �f�/�/� .. c�i>�j� '<��
a �� Constance L. Harbe Pr.- -m
TAPE #97-16 AND#9 - 1
Dale K. all '�
DOCKET#97-31 Utica
arbara J. Kirkmeyer,
it* JW. H. bster
971148
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF JUNE, 1997:
DOCKET#97-31 - COZ#506 - FRANCIS, TOM
DOCKET#97-32 - USR #1146 - JOHNSON, LAUREL
PLEASE legibly 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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