HomeMy WebLinkAbout20213218.tiffHEARING CERTIFICATION
DOCKET NO. 2021-65
RE: RESUBDIVISION, RES21-0005, OF LOTS 17, 18, 19, AND 20, BLOCK 12, AND PART
OF VACATED LEONA AVENUE OF THE TOWN OF WATTENBERG, AND
ASSOCIATED VACATION OF THE NORTH 30 FEET OF FREDERICK STREET
RIGHT-OF-WAY, RESULTING IN ONE (1) LOT — KENNETH AND DANIELA PEREZ
A public hearing was conducted on November 17, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Planning Services Department representative, Maxwell Nader
The following business was transacted:
D® I hereby certify that pursuant to a notice dated November 4, 2021, and duly published
November 6, 2021, in the Greeley Tribune, a public hearing was conducted to consider the
request of Kenneth and Daniela Perez, fora Resubdivision, RES21-0005, of Lots 17, 18, 19, and
20, Block 12, and part of vacated Leona Avenue of the Town of Wattenberg, and associated
vacation of the north 30 feet of Frederick Street right-of-way, resulting in one (1) lot. Bruce Barker,
County Attorney, made this a matter of record.
ID' Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
including amending the existing south lot line of subject properties to acquire the north half
(30 feet) of the Frederick Street right-of-way. He explained, when the adjustment of the lot line
occurs, the domestic service and fire flow waterline will be located on the newly created property
and no longer on the Frederick Street right-of-way, requiring easements. He shared a Utilities
Coordinating Advisory Committee meeting was held on October 28, 2021, who recommended the
waterline and other appropriate utilities follow easement standards, per Section 24-9-60.B of the
Weld County Code, with said easement for the benefit of current and future wet and dry utilities.
Mr. Nader described the sign posting, he explained the Wattenburg Improvement Association
submitted a letter dated September 28, 2021, with concerns related to accessing the current
waterline meters, and he confirmed an easement will be a Condition of Approval (COA) of this
proposal. Mr. Nader relayed six (6) letters were received from surrounding property owners
(SPOs), all with concerns of not being able to use the right-of-way for walking and riding bikes,
and some additional comments were in regard to a proposed water loop for the Wattenburg
Improvement Association. He stated the site is located within the three (3) mile referral area of
the Cities of Brighton and Fort Lupton; Brighton did not respond, and Fort Lupton responded with
no concerns. Mr. Nader displayed images of the site and surrounding views and entered the
favorable recommendation of the Department of Planning Services staff into the record as written.
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Kenny and Daniella Perez, applicants, stated they have followed the procedures, dating back
to the petitions to vacate portions of Leona Avenue and Frederick Street. He expressed his
feelings of harassment by Wattenburg citizens, and stated on January 29, 2021, he was notified
by the President of the Water Board who requested access to the Leona Avenue easement, to
perform locates and survey. Mr. Perez explained they do have dogs, so the property cannot be
left open to the public, and he is willing to work with the Town Water Board. Ms. Perez asserted
it appears that the people who represent the Wattenburg Improvement Association do not
understand what an easement means.
p' Ramona Mescillas, President of the Wattenburg Water Board Association, relayed the history
of her family who have resided in Wattenburg for more than 100 years. She stated the men in
Wattenburg worked hard to pave the road, worked with United Power for the streetlights, and
coordinated with Weld County for the water storage tank. Ms. Mescillas stated she believes Leona
Avenue should not be closed; it is an open road that simply has not been used, because it is not
fully paved. She further stated Frederick Street should also remain open for all the utility
easements, and completion of the work for waterlines to go through. She explained the scenario
of the access to the Perez property, stated if the requested acquisition of Frederick Street is
approved, the Town will have no access to utility easements, and expressed concern this potential
road acquisition could create precedence. Commissioner Saine stated she sees Wattenburg as
a close-knit community with a long history, and requested a description of a gate across the road,
and how they would have trouble shutting down the water. Ms. Mescillas explained Mr. Perez has
indicated his desire to put a gate across the driveway, which would cross half of Frederick Street
and, because of a gate to private property, if a waterline is broken, it would be difficult to obtain
access. In response to Commissioner Saine, Ms. Mescillas stated there is no manhole, so if a
water leak were to occur, the pavement would have to be removed, and access without
permission would be difficult due to the property owners' dogs.
w' In response to Commissioner Saine, Thomas DeHererra, Water Board Member, stated the
waterlines go from Caroline Avenue to Frederick Street, a loop is proposed from Leona Avenue
to Edward Street, and this project has been in planning since 2014. Mr. DeHererra also stated
the waterlines in Wattenburg are old and untraceable, thus, the roads would have to be dug up to
find any potential leaks. In response to Commissioner Freeman, through discussion between the
Board and Mr. DeHererra, it was confirmed that this is a utility easement, with more than just
waterlines running through it. Mr. DeHerrera explained how the loop would travel, stated the new
pipe will be traceable, and explained trees should not be put over a waterline. Mr. Nader relayed
easements are very common, Wattenburg is unique in where most utility easements are located
in the utility right-of-way, so placing a tree in the utility easement is not feasible. Mr. Barker
explained no structures can be placed over an easement, but trees could potentially be planted
in an easement. In response to Mr. Barker, Mr. Nader relayed he was unable to find a recorded
easement, and Mr. DeHerrera supplied him with a map of the town's proposed waterlines
(Exhibit B), and explained all the waterlines are four feet down, but their exact location on
Frederick Street is unknown. There was further discussion concerning future plans, and
Mr. DeHerrera expressed his concern over the aggression of the dogs, stating every person in
Wattenburg that owns a water tap is an owner; therefore, if the Association gets sued, everyone
gets sued. Mr. DeHerrera asked for a copy of a plat of the Leona Avenue vacation, which was
referred back to staff.
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D' Eugene (Thomas) Castaneda, SPO, stated it has been a well-known fact that the property
was historically open, and when Mr. Perez built his garage, it was built too far off the property line.
He stated the inspector should have known the garage shouldn't have been build where it is.
Mr. Castaneda asserted the applicant's family has lived in Wattenburg for years, and therefore,
Mr. Perez should know Frederick Street has historically been open.
Thomas DeHerrera, SPO, relayed a conversation he had with Mr. Perez, which
acknowledged Mr. Perez' knowledge of a waterline going into Frederick Street. He stated he
believed the last appearance before this Board, the applicant requested vacation of Frederick
Street, Leona Avenue, the property next to the property owner behind him, and the alley, to extend
the driveway and plant trees. Mr. DeHerrera finished by stating the applicant has the largest
property in town, consisting of four lots, and he is the one who put the fence across the alley and
the road.
In response to Chair Moreno, Mr. Nader explained the improvement history of the property in
question, and confirmed the north fence has been there for some time, and the alleyway was part
of the previous request, but that was removed from this request. The Resubdivision request is to
acquire the north 30 feet of Frederick Street and combine the lots. Mr. Nader explained he is
unsure what fence the citizens are speaking of.
f°' Tina Mescillas, SPO, submitted pictures (Exhibit A).
Mr. Nader provided a document submitted by the applicant related to waterline location
(Exhibit B).
D' Hector Rodriquez, SPO, explained the alley was supposed to cross the side of his yard, and
he would also like to obtain the easement south of his home, which is north of the applicant. He
described some situations with the Perez' in the past.
Andres Hernandez, SPO, stated his concern is the asphalt company to the south could
potentially want to take his land, Lot 18, which he has been paying taxes on.
161' Mr. Perez explained he has history in the Town, he purchased the house from his
grandmother, there are no existing waterlines in Leona Avenue, and he does know what an
easement is, and he is very aware of the easement restrictions. Mr. Perez spoke about other
property owners and the amount of lots they own, and noted property owners could apply for
vacation of an easement just like he has.
D' Mr. Nader stated Frederick Street is a dead-end road, and the water loop has been in planning
for the past ten (10) years, but there is no documentation that details the project. He explained
removal of a tree in the utility easement would be the responsibility of the applicant/property
owner. Mr. Nader, in regard to the property to the north, stated that property owner was given the
opportunity to be a part of this request to remove the alleyway so they could both acquire a portion
of that alleyway. Mr. Nader reiterated staff is recommending approval of this request.
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D` In response to Commissioner Saine, Mr. Barker explained the Board of County
Commissioners has complete control over the right-of-way, and any property owner can request
a county roadway not be vacated if vacation of a road leaves a property with no access. In
response to Chair Moreno, Mr. Barker confirmed the road in question is a dead-end road, and
Leona Avenue was vacated by the Board of County Commissioner's by Resolution in 2016, so
that property, by operation of law, belongs to the Perez'. Commissioner Saine elaborated more
on equal treatment, and Mr. Barker explained the difference between vacation of a roadway and
resubdivision requests. Mr. Nader confirmed a large part of the criteria reviewed for these
requests is impact to others and whether anyone would no longer have direct access to their
properties. Following additional discussion, Mr. Barker confirmed an easement for utilities for that
portion of the roadway will be reserved. In response to Commissioner James, Mr. Nader
confirmed the County owns Frederick Street and he has not located a recorded
easement agreement for Leona Avenue. Mr. Barker confirmed a Resolution for the vacation of
Leona Avenue was recorded.
1°" In response to Chair Moreno, the applicants indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and plat notes, as drafted.
Mr. Barker provided specific language to be added to Condition of Approval #1.A.5, to state,
"The vacation of Frederick Street shall include a reservation of easements for existing utilities,
which shall be clearly shown on the plat."
Commissioner Freeman moved to approve the request of Kenneth and Daniela Perez for
a Resubdivision, RES21-0005, of Lots 17, 18, 19, and 20, Block 12, and part of vacated
Leona Avenue of the Town of Wattenberg, and associated vacation of the north 30 feet of
Frederick Street right-of-way, resulting in one (1) lot, based on the recommendations of Planning
staff, with the Conditions of Approval, as amended. The motion was seconded by Commissioner
James, and it carried unanimously. There being no further discussion, the hearing was completed
at 10:51 a.m.
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This Certification was approved on the 6th day of December, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAlict) uldO•to
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Steve oreno, , air
mes, Pro-Te
Perry L. Buc
EXCUSE P DATE OF APPRO
Mike Freeman
Lori Saine
2021-3218
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