HomeMy WebLinkAbout20240099.tiffHEARING CERTIFICATION
DOCKET NO. 2024-02
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION FINAL PLAN,
RLDF23-0002, FOR THE CREATION OF THREE (3) LOTS IN THE A (AGRICULTURAL)
ZONE DISTRICT - SHARP TRUST
A public hearing was conducted on January 17, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated November 14, 2023, and duly published
November 17, 2023, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sharp Trust, for a Site Specific Development Plan and Rural Land Division Final Plan,
RLDF23-0002, for the Creation of Three (3) Lots in the A (Agricultural) Zone District.
Karin McDougal, Deputy County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and stated 18 referrals were sent out and 12 agencies
responded. She explained the premise of the application is to divide Lot B of Lot Line Adjustment,
LLA23-0009, into three (3) lots, with one (1) existing residence, per lot. She stated the applicant
has submitted a Surveyor's Affidavit of Correction, therefore, Condition of Approval (COA) #1.B
(applicant shall submit a corrected LLA plat showing Lot B of LLA23-0009 is no larger than 45
acres) has been resolved and can be removed from the Resolution. She further mentioned a
Non -conforming Structure application has been submitted for a shed on the property that does
not meet the off -set requirements of the Weld County Code, and noted multiple letters of support
have been received regarding the application. She indicated the site is within the Coordinated
Planning Agreement (CPA) area of the City of Evans and Town of Kersey, and within the three
(3) mile referral of the Cities of Evans and Greeley, and the Towns of LaSalle, Kersey and Garden
City. Ms. Aungst stated the Utility Board met regarding the application and determined the
required locations and widths of easements, and she provided new language for COA #1.C
(requirements of the Division of Water Resources concerning two (2) water wells). She relayed,
per Development Review, the applicant is proposing to use the existing, permitted access onto
County Road (CR) 52 for the development access for the internal road and the applicant shall
close and reclaim all other access points (permitted and unpermitted) onto CR 52. She also
CC: PL (ER/Kw/DA/MiJ/KO
02/16/24
2024-0099
PL0529
HEARING CERTIFICATION - SHARP TRUST (RLDF23-0002)
PAGE 2
mentioned Development Review is requesting an Improvements and Road Maintenance
Agreement for the internal roadway and the site meets an exception to stormwater detention. Ms.
Aungst entered the favorable recommendation of the Planning Commission into the record as
written and displayed images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, stated each of the three (3)
existing residences have a permitted septic system and their own water tap from the Central Weld
County Water District.
='' Donovan Sharp, applicant, read a prepared statement (Exhibit AB), which provided a history
of the property, including the different USRs associated with the property over the years, and
explained his ultimate goal is to divide the property into three (3) legal lots, to be split among
himself and his two (siblings). He indicated, although not ideal, the RLD was the only option to
get each home its own legal address and relayed each home currently has its own access, and
no new structures or improvements are proposed. He went on to explain the Code requirement
of an internal roadway would mean he would have to build an access to the west of the main
house and an internal road that would run through sub -irrigated pasture. Along with the
impracticality of the internal road, he mentioned the unnecessary life -safety risk when it comes to
access for emergency vehicles, requested the Board omit said requirement, and displayed
images of the site and surrounding views. a In response to Chair Ross, Mr. Sharp indicated
he did not discuss the issue of the internal road at the Planning Commission, as it was his
understanding that only the Board had the power to remove the Code stipulation. Responding to
Commissioner James, Mr. Sharp reiterated the intent of the application is to create three (3) legal
lots with three (3) legal addresses. Commissioner Saine indicated the request makes sense.
Ms. McDougal responded to Chair Ross regarding the language in Section 24-6-20.A.13, which
states, "The Rural Land Division lots shall be accessed via a single, internal, publicly dedicated
right-of-way...," and indicated the verbiage "shall" does not allow for the Board to omit the
requirement thus the variance process in Chapter 8 applies to the design of the internal road, not
whether or not the road is required. Responding to Commissioner James, Ms. Aungst confirmed
the Department of Public Works is requesting the applicant close and reclaim the current
accesses. Commissioner Saine suggested a continuance to allow Code language to be re -visited
to allow for some flexibility in situations such as this.
El Commissioner Freeman relayed the RLD process was created to account for the construction
of new lots and was never intended to deal with existing homes with permitted accesses. He
asserted that common sense should prevail, and he cannot support making the applicant go to
the time and expense of installing an internal road. In response to Commissioner James,
Mr. Sharp relayed he will pull his application if he is required to install the road, leaving three (3)
homes on one (1) lot, and he relayed is not on a tight timeline. Ms. Aungst provided some
background to the timing of Mr. Sharp's RLD application and explained, one (1) of the Code
changes previously being considered was to do away with RLDs and the initial effective date of
said change was tentatively scheduled for January 19, 2024, therefore, Planning Services rushed
Mr. Sharp's application to allow it to be heard before said date.
'" Eric Wernsman, Wernsman Engineering, stated the application aims to put lot lines around
the three (3) existing houses. He referenced comments from the Lower Latham Ditch, which had
2024-0099
PL0529
HEARING CERTIFICATION - SHARP TRUST (RLDF23-0002)
PAGE 3
concerns regarding runoff types and amounts entering the ditch as a result of the construction of
an internal road.
Josh Fox, Weld County resident, expressed support for keeping the existing accesses.
Carole Applegarth, Weld County resident, stated the property is well maintained and traffic is
not an issue on CR 52, therefore, she expressed support for the applicant's request to not have
to put in an internal road.
Karen Gilden, Weld County resident, stated she had trained and boarded horses on the Sharp
Trust property and asserted an internal road makes no sense. She relayed the road will reduce
the value of property and will cut off access to the ditch, which is used by wildlife and cattle/horses.
El Brett Abernathy, Weld County resident, supported the applicant's request and stated he
believed the Board has the authority to omit the requirement for an internal road.
Thomas Frame, Weld County resident, stated he has a long relationship with the Sharp
family, reiterated the need for common sense in this situation, and expressed support for keeping
the existing accesses.
fi Clint DePorter, Weld County resident, stated he had never had an issue accessing the site
from CR 52 and expressed support for the applicant's request.
Dick Schantz, Weld County resident, stated he had done improvements to the structures on
the property over the years and had never had an issue with traffic on CR 52.
Ron Baker, Weld County resident, stated the internal road would take agriculture out of
production and cost the applicant a lot of money.
Ei Responding to Commissioner Saine, Mr. Sharp confirmed the houses are on public water
and they all have individual septic systems. There was much discussion among the Board
regarding how to proceed, and ultimately they decided to continue the hearing to allow time for
the review of Code, to see how they can allow for flexibility in situations such as this. After
additional discussion about the time frame of a continuance, the Board decided three (3) months
was sufficient.
El Commissioner Saine moved to continue the matter to April 24, 2024, at 10:00 a.m., to allow
staff and the Board adequate time to review Code options. The motion was seconded by
Commissioner James, and it carried unanimously. Commissioner Freeman stated he was going
to support the continuance, although he believed the Board could have rectified the situation
today. The hearing was completed at 11:11 a.m.
2024-0099
PL0529
HEARING CERTIFICATION - SHARP TRUST (RLDF23-0002)
PAGE 4
This Certification was approved on the 31st day of January, 2024.
ATTEST: ddtco y ��
Weld County Clerk to the Board
• IlYitiC
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
Mike reeman
t K. James
Lori Saine
2024-0099
PL0529
ATTENDANCE LIST
-a'A
NAME - PLEASE PRINT
Lf 81..'1 '
ADDRESS (CITY, STATE ZIP)
EMAIL
I 073 Ess,K
2 72 3(o (..„^4
St�f- IL(
lass. 3 3 '' 5h -
5Q.•. ..M
lFEZk.Gc1
COUNTY OF SPEAKING
RESIDENCE (YIN)?
(/e (d , o ' b
ASP�cs.o v 5.\(,LO e, L,-,- c.�GQ E t5h . c.o •►1 K-1
Hello