HomeMy WebLinkAbout20220199.tiffHEARING CERTIFICATION
DOCKET NO. 2022-07.B
RE: A RURAL LAND DIVISION FINAL PLAN, RLDF21-0002, FOR THE CREATION OF
TWO (2) LOTS IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND
PATRICIA STAHL
A public hearing was conducted on February 9, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Development Review representative, Melissa King
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
m= I hereby certify that pursuant to a notice dated December 14, 2022, and duly published
December 17, 2022, in the Greeley Tribune, a public hearing was conducted on January 19, 2022,
to consider the request of Richard and Patricia Stahl, for a Rural Land Division Final Plan,
RLDF21-0002, for the Creation of Two (2) Lots in the A (Agricultural) Zone District, at which time
the matter was continued to February 2, 2022, at 10:00 a.m., to allow the applicants additional
time to revise and finalize the site map. The County was closed on February 2, 2022, due to
weather and this matter was posted as rescheduled to February 9, 2022. Bruce Barker, County
Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
stated the applicant is proposing to divide a lot of Recorded Exemption, RE -1541, into two (2)
lots, and provided the general location of the site. He explained there are two (2) existing
residences on the property, constructed in 1907 and 1953, and the second home was previously
a rental, which the applicant is no longer able to maintain. He described the three (3) access
points onto County Roads (CR) 33 and 40 and indicated the applicant is proposing to use the
existing access on CR 33, and close and reclaim the existing access points on CR 40. He
mentioned the applicant has requested variances related to the access they propose to use and
referenced Condition of Approval (COA) #1.C.2 requiring the applicant to "Remove any reference
to access in the Agreement and Grant of Easement". He stated the case was presented to the
Utility Board in January, due to the utility easements on the property, the Central Weld County
Water District provides water to the site and the applicant installed a separate tap for the second
lot. Mr. Gathman noted the applicant spoke with the Platteville-Gilcrest Fire Protection District, in
October 2021, they indicated no conflicts with the proposal, and he displayed images of the site
and surrounding views.
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Melissa King, Department of Planning Services, Development Review, reiterated the access
information and stated the proposed access is currently an agricultural access. She indicated the
Weld County spacing criteria is not met, as the proposed access is only 230 feet from the
intersection versus 330 feet, thus the applicant's request for a variance. She stated the variance
request is supported by Staff, contingent on the Board's approval of the RLDF, and provided
details of the internal road. She relayed the applicant is also requesting a variance to reduce the
publicly dedicated right-of-way from the required 60 feet to 20 feet, as well as a variance for the
road cross-section on CR 33. Ms. King expressed Staff is in support of the variance request and
mentioned Public Works is requesting an Improvements and Road Maintenance Agreement. In
response to Chair James, Ms. King detailed the three (3) variances being requested.
Lauren Light, Department of Public Health and Environment, reiterated the applicant installed
a separate water tap for the second house, relayed each house has a permitted septic system
and indicated the Department of Public Health and Environment has no outstanding issues with
this request.
Patricia Stahl, applicant, commended staff for their work on the application and stated the
property was created in 1907, so the 2020 Code requirements are not cohesive. She explained
they bought property 27 years ago, and their aging parents lived in the second home until their
passing, at which point they turned it into a rental, which is a lot of work. She presented a
PowerPoint presentation describing the history of the property, current accesses, the need for the
variances, and she summarized her conversations with the Platteville-Gilcrest Fire Protection
District.
Dante Folino, surrounding property owner, stated he is in favor of the applicants' request for
the variances, due to the fact his driveway is only 60 feet from the intersection. He mentioned if
the request for a 20 -foot access right-of-way variance was not accepted, there is a cottonwood
tree, with grey horned owls nesting in it, that would have to be cut down to accommodate a 60 -foot
road right-of-way.
In response to Chair James, Mr. Barker indicated the Board has the authority to grant the
variances and suggested adding language to Criteria #1.P and #1.V (both related to access) to
confirm the Board's support of the variances. Criteria #1.P now reads, in part, "The applicant has
requested to allow this access to be utilized via a 20 -foot access right-of-way, versus a 60 -foot
road right-of-way. The internal right-of-way is required and is attached as a Condition of Approval.
The applicant's request that the width of the right of -way be only 20 feet to match the existing site
conditions is hereby granted. Additionally, the applicant's request for a reduced cross section and
the deletion of the emergency turn around requirements, per Chapter 8 standards of the Code, is
hereby granted." Criteria #1.V now reads, in part, "The existing access does not meet the spacing
requirement for a (development access); however, the applicant has requested to use the
existing, permitted access point onto County Road 33, which is hereby granted." In response to
Chair Pro-Tem Freeman, regarding the need for COA #1.A (Improvements and Road
Maintenance Agreement), Mr. Gathman stated it is a requirement, by Code, of every Rural Land
Division, and Ms. King added the agreement assures Weld County the applicant intends to
construct the 20 -foot internal road. The Board agreed to all of the aforementioned changes.
2022-0199
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HEARING CERTIFICATION - RICHARD AND PATRICIA STAHL (RLDF21-0002)
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No public testimony was offered regarding the changes made to the criteria findings
In response to Chair James, Ms. Stahl indicated she had reviewed, and agreed to abide by,
the Conditions of Approval, as presented.
Commissioner Freeman moved to approve the request of Richard and Patricia Stahl for a
Rural Land Division Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval. The motion was seconded by Commissioner Saine,
who commended Staff for their work on the application, and it carried unanimously. There being
no further discussion, the hearing was completed at 11:58 a.m.
This Certification was approved on the 23rd day of February, 2022.
BOARfl OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: ;�
Scot K. James, Chair
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2022-0199
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