HomeMy WebLinkAbout20201330.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING TWO-LOT RECORDED EXEMPTION,
RECX19-0147 -THE B AND B FAMILY TRUST, C/O HOMER GRINDE, TRUSTEE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of
May, 2020, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of The B and B Family Trust, c/o Homer Grinde, Trustee, 5322 CR 51,
Keenesburg, Colorado 80643, for a Recorded Exemption, RECX19-0147, for property which is
located on the following described real estate, to-wit:
Being a part of the S1/2 NW1/4, SW1/4 of Section 5,
Township 1 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that this request be
continued to May 13, 2020, at 9:00 a.m., to allow the applicant adequate time to discuss the
matter with his authorized representative and planning staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned matter be, and hereby is, continued to May 13, 2020,
at 10:00 a.m.
CG t PLC(r1H (TP), Pw(zR), EH co5),
a.PpL, aPpL RAP 2020-1330
os 1,9 sf aO RECX19-0147
CONTINUE RECX19-0147 - THE B AND B FAMILY TRUST, C/O HOMER GRINDE, TRUSTEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
ATTEST: d ocit1J �•4
U Mike Freeman, Chair
Weld County Clerk to the Board
• • Steve repo, Pro-Tem
BY: ;, _
Deputy Clerk to the Board ��...�
1 / Scott . James
APP ED -. 3�R '► ♦ � ,
ISO ( =; I� 'arbara
ounty Attorney
/ ' ,� �/' Kevin D. Ross
Date of signature: 5/la/2o
2020-1330
RECX19-0147
�`1S61/'
DEPARTMENT OF PLANNING SERVICES
tj L !
i ; MEMORANDUM
To: Weld County Board of County Commissioners
From: Michael Hall, Planner
Subject: RECX19-0147-unmet conditions of approval
Hearing Date: May 6,2020
Owner: The B& B Family Trust c/o Homer Grinde,Trustee
Representative: Colorado Tenderfoot Properties II, Inc.clo Christine Curl
Legal Description: Being a part of the W2 of Section 7,TN, R6W of the 6th P.M.,Weld County,CO
Location: East of and adjacent to County Road 51;approximately 580 feet north of Highway 52
Parcel Numbers: 1475-05-2-00-025
Zone District: A(Agricultural)
Narrative: Two-lot Recorded Exemption RECX19-0147, was conditionally approved on December 13,
2019. The applicant has chosen not to comply with the Public Works condition of approval
regarding access. Therefore, this application is being forwarded to the Board of County
Commissioners with a recommendation for denial.
The Department of Planning Services staff has reviewed this request and recommends that this
request be denied.
As stated, two-lot Recorded Exemption RECX19-0147 was administratively approved with conditions on
December 13,2019(Exhibit A).The purpose of the proposed exemption was to split a parcel of land into a
five(5)acre Lot A and a seventy-seven(77)acre Lot B. Item#8 in the RECX19-0147 staff report states:
"If the exemption plat has not been recorded within sixty(60)days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time,for good cause shown,upon a written
request by the applicant."
The applicant has indicated to Planning Staff that they are unwilling to comply with condition of approval
item#3.A regarding the Public Works referral comments(Exhibit B).This condition of approval states:
"The applicant shall address the concerns of the Public Works Referral,dated December 12,2019,
relating to the proposed Lot A and Lot B access location(s)."
The Public Works referral further explains the access point requirements including, spacing issues, code
conflicts and potential site distance concerns. On March 5, 2020, Mr. Grinde and Public Works staff
discussed the Public Works Referral including access point consolidation and closing and reclaiming
existing unpermitted access points along County Road 51.The proposed access layout map does not meet
Public Works standards (Exhibit C). The applicant is unwilling to comply with closing any of the three (3)
existing access points on proposed Lot A because each of the existing access points serves a different
purpose.
RECX19-0147-B&B Family Trust 2020-1330
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R E.Crxr9-Or n
On March 13,2020, Planning staff sent Mr. Grinde a notice via email that not complying with a condition of
approval would result in the application being forwarded to the Board of County Commissioners with a staff
recommendation for denial(Exhibit.D),The letter stated that the Board has the ability to consider the entire
recorded exemption application, not just the subject condition of approval. The letter requested that Mr.
Grinds indicate his desire to either proceed with the hearing or comply with the condition of approval.
On March 15, 2020, Mr. Grinds responded to the email and requested the case be scheduled before the
Board of County Commissioners(Exhibit E),The hearing was originally scheduled for March 30,2020 and
was rescheduled to April 20,2020 and then May 6,2020.
As a result,Planning staff is presenting this previously administratively approved with conditions application
to the Board of County Commissioners with a recommendation for denial.The subject of the denial hearing
is to review condition of approval item #3.A. The Board shall either enforce or remove the condition of
approval and may also review the application itself for approval or denial.
If condition of approval#3.A is removed,the applicant shall complete the remaining conditions of approval
as stated in the staff report and work with Planning staff to complete the recorded exemption map(Exhibit
F). Upon approval of the map, the recorded exemption plat shall be signed by the property owner and
submitted for recording to the Weld County Department of Planning Services. Once submitted,the plat will
be signed by the Board of County Commissioners and recorded.
Exhibits:
A: RECX19-0147 Planning Staff Report, dated December 13,2019
B: RECX19-0147 Public Works Referral, dated December 12,2019
C:Access layout map
D: Denial Hearing Notice email,dated March 13, 2020
E:Grinde Hearing Request email, March 15,2020
F: Draft recorded exemption map
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RECX19-0147-B&B Family Trust
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