HomeMy WebLinkAbout20241016.tiffHEARING CERTIFICATION
DOCKET NO. 2024-02.B
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 April 24, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
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 Planning Services representative, Maxwell Nader
The following business was transacted:
I hereby certify that pursuant to a notice dated November 14, 2024, and duly published
November 17, 2024, in the Greeley Tribune, a public hearing was conducted on January 17, 2024,
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. At said hearing, the Board continued the matter to April 24, 2024, to allow the applicant,
staff and the Board adequate time to review Code and legal options. Karin McDougal,
Deputy County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated, per the applicant, the courts are not set up to petition one -owner parcels. She
presented the Board with the options of another continuance, denial of the application, or the
applicant could withdraw the application. In response to Chair Ross, Ms. Aungst stated she had
heard, from different sources, that the applicant is not eligible for a land partition through the
courts, and also that it may be possible to divide the land through the probate process.
Responding to Commissioner James, Ms. McDougal explained her understanding is that the
applicant may be exploring a legal option, but the property is not in a probate process.
Donovan Sharp, applicant, clarified the property is owned by a trust, and it is not in probate.
He stated, after speaking with an attorney, going through the probate process is an option, but
reiterated the Probate Court is not set up to partition a single -owner property. Mr. Sharp recalled
from the last hearing, that the Board had directed staff to explore amending the Code, and
recounted verbiage, previously suggested by Commissioner James, that if permitted accesses
already existed, an internal road "may," but not "shall," be required. Commissioner Saine stated
that she called for a work session at the last hearing to explore changing the Code, and
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2024-1016
PL0529
HEARING CERTIFICATION - SHARP TRUST (RLDF23-0002)
PAGE 2
Commissioner Freeman explained that the requirement for an internal road prevents multiple
accesses onto County Roads. Mr. Sharp stated there are no new improvements planned for the
property and that there are three (3) existing homes, all with individual accesses, that have been
permitted multiple times. Mr. Sharp relayed the internal road would impact the existing accesses,
the ditch company, and his existing sub -irrigated pastures. Responding to Commissioner Saine,
Mr. Sharp explained the requirements of the Lower Latham Ditch Company would make it very
difficult to construct an internal road.
• Maxwell Nader, Department of Planning Services, stated at the last hearing there was
discussion among the Board regarding Code amendments, but he did not recall a directive from
the Board for staff to look at Code changes, rather, the applicant was going to explore other
options. Chair Ross stated he recalled the same and Commissioner James then directed staff to
set up a work session to explore making Code amendments. Mr. Nader stated the applicant was
made aware of the requirement for an internal road, early in the application process, and
confirmed he will schedule a work session to discuss "may" versus "shall" in the Code.
IE Commissioner James outlined the timing of a Code change, given the three (3) reading
process and Mr. Sharp again recalled, from the last hearing, that the Board specifically continued
the hearing for three (3) months to allow time for the three (3) reading process, and that
Commissioner Freeman had mentioned something about the Board approving it on first reading.
Mr. Sharp acknowledged the requirement for an internal road and asserted that staff had relayed
the Board had the authority to omit the requirement of the road.
Commissioner James mentioned the use of an Emergency Ordinance, and referring to the
statement made by Mr. Sharp, Commissioner Freeman clarified, the Board would not approve the
Code changes on first reading, rather, they have the authority to make the changes effective on
the first reading, but it still has to go through a three (3) reading process.
• Chair Ross stated he was sympathetic to the situation; however amending Code is
complicated because unintended consequences have to be considered. He informed Mr. Sharp
that there was no guarantee the Code would be changed, and Commissioner Freeman
specifically directed Mr. Nader to explore the unintended consequences of the change.
Commissioner Saine asserted that changing "shall" to "may" will not have unintended
consequences because it still gives the Board the authority to require an internal road, and stated
she was supportive of the use of an Emergency Ordinance.
• Chair Ross presented Mr. Sharp with the options of asking the Board to deny the application,
requesting a continuance, or asking the Board to make a decision today. Mr. Sharp explained a
denial would close the accesses and prohibit himself, as well as emergency vehicles, access to
the homes, and he requested a continuance.
✓ Commissioner James moved to continue the matter to May 22, 2024, at 10:00 a.m., to allow
staff and the Board additional time to review Code options. The motion was seconded by
Commissioner Buck.
No public testimony was offered regarding the continuance.
2024-1016
PL0529
HEARING CERTIFICATION - SHARP TRUST (RLDF23-0002)
PAGE 3
Mr. Sharp mentioned previous discussions regarding the removal of RLDFs from the Code
and questioned how it would impact his property if/when such change took place. Mr. Nader
explained the history and current state of RLDFs and relayed that since this application is already
in process, regardless of whether or not RLDFs are removed in the future, the subject property
would be grandfathered in.
The previously made motion carried unanimously, and there being no further discussion, the
hearing was completed at 10:33 a.m.
This Certification was approved on the 8th day of May, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADQ
ATTEST: W...,atto w A.;
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
oss, Chair
Mike Freeman
c t . James
Lori Saine
2024-1016
PL0529
ATTENDANCE LIST
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