HomeMy WebLinkAbout20151133.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 20, 2015
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, April 20, 2015, at the hour of 9:00 a.m.
CI ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno - EXCUSED
Also present:
County Attorney, Robert T. Frick
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of Apri 15, 2015, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
G CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on April 15, 2015, as follows: 1) USR14-0063 - Mariano Gonzalez, do Ignacio
Gallegos; 2) PUDF15-0001 (formerly known as PF 1129) - Robert and Karen Nolan; and
3) USR14-0083 - Agfinity, Inc. Commissioner Cozad seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CI CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
el 1) NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 19-25, 2015: Chair Kirkmeyer read the
proclamation for the record. Michael Rourke, 19th Judicial District Attorney, and Steve Reams, Weld
County Sheriff, thanked the Board for issuing the proclamation, raising awareness and sending the
message recognizing the outstanding agencies which are ready to assist victims of crime. Mr. Rourke
specifically recognized the Weld County Area Agency on Aging, ASAP, Catholic Charities, DA Victim
Witness Unit, Greeley Police Department, Lutheran Family Services, SAVA, A Woman's Place, the
19th Judicial District Courts and the individuals who lead those organizations. He invited the Board to
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Minutes, April 20, 2015 2015-1133
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attend the official Crime Victims' Rights event this Friday. El Sheriff Reams reiterated the local law
enforcement agencies are very thankful for the work of the various agencies which are striving to make
victims whole and he also thanked the Board for raising awareness. Commissioner Cozad stated
it is important to celebrate these accomplishments and to bring awareness to victims. Commissioner
Conway agreed and thanked the District Attorney and Sheriff for placing a high priority on victims' rights
and giving them a voice to help in the healing process. He stated it is a collaborative effort, and he
recognized the leadership and staff that work directly with the victims to help them through the process.
Commissioner Freeman agreed with the previous comments and also thanked them for the prevention
efforts. Chair Kirkmeyer recognized the leading representatives of the various entities and the
invaluable services they provide. (Clerk's Note: The meeting was paused for a group photograph.)
PRESENTATIONS:
el 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE / DEPARTMENT OF HUMAN
SERVICES - KELLI O'BRIEN: Chair Kirkmeyer read the certificate recognizing Kelli O'Brien for her
years of service with the Sheriff's Office and the Department of Human Services. Captain Metzger
presented the plaque and retirement pin, and Judy Griego, Director, Department of Human Services,
stated Ms. O'Brien has been a valuable team member of the Child Welfare and Youth Unit and has
brought a lot of stability to the team. Kyle Ragland, Department of Human Services, stated O'Brien
trained him when he was hired and later, even as her supervisor, she continued to train him. He
thanked everyone present who came to honor her and expressed his appreciation for her friendship
through the years. Heather Walker, Department of Human Services, stated it is appropriate that this is
Victims' Rights Week because Ms. O'Brien was an advocate for youth victims. Commissioner
Freeman stated 33 years is a long time to provide exceptional service, and he encouraged her to come
back and visit and to enjoy her retirement. Commissioner Cozad agreed and thanked Ms. O'Brien for
her service to the community. Commissioner Conway agreed with the sentiments of Ms. Walker and
noted that retirement affords individuals the opportunity to be even busier in making a difference in the
community. Chair Kirkmeyer stated it is obvious by the attendance that she is a highly valued member
of Team Weld. She was commended for her exemplary service in a challenging job which has been an
inspiration to those around her. CI Ms. O'Brien stated she has appreciated the opportunity to serve
and is also looking forward to her future plans. (Clerk's Note: The meeting was paused for a group
photograph.)
O PUBLIC INPUT: No public input was given.
BIDS:
e 1) APPROVE EMERGENCY BID #61500103, CUSTODIAL SERVICES (NORTH BUSINESS
PARK) AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND
INVESTIGATION - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of
General Services, requested this matter be approved on an emergency basis and accept the low bid
from Oband's Jjanitorial Company, in the amount of $9,425.00, as the current contract terminates on
April 27, 2015, due to unsatisfactory performance by the current vendor. In response to Commissioner
Cozad, Toby Taylor, Department of Buildings and Grounds, explained the new vendor will start the
same day. The motion to waive the waiting period and approve the bid on an emergency basis was
made by Commissioner Conway, and seconded by Commissioner Cozad, and it carried unanimously.
• 2) APPROVE BID #B1500075, WCR 49/44 INTERSECTION IMPROVEMENTS -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff recommends awarding the low bid to
Scott Contracting for a total of $4,202,986.15. The motion to award said low bid, which was made by
Commissioner Cozad, and seconded by Commissioner Conway, carried unanimously.
Minutes, April 20, 2015 2015-1133
Page 2 BC0016
6 3) APPROVE BID #B1500085, CODE CODIFICATION SERVICES — CLERK TO THE BOARD:
Mr. Jiricek requested a continuance of this matter to May 4th to give staff further time to review the
proposals. Commissioner Freeman moved to grant the request and continue the matter to May 4,
2015. The motion was seconded by Commissioner Conway, and it carried unanimously.
El 4) PRESENT SENIOR NUTRITION MEALS/DELIVERY SERVICE BID #B1500062 -
DEPARTMENT OF HUMAN SERVICES: Mr. Jiricek presented the sole bid received and stated staff
will make a recommendation on May 4, 2015. In response to Commissioner Conway, Mr. Jiricek stated
this is the current vendor and, although staff is aware of only one other vendor, they chose not to
participate.
El 5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SW1/4 SW1/4, S7,
T10N, R61W: Barb Connolly, Controller, stated no bids were received and no additional action is
necessary. She noted the nominating party, Extraction Oil and Gas, expressed concern with
the 25 percent royalty rate not being economically feasible in the current oil and gas economy.
El 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - NW1/4 NE1/4, S8,
T9N, R59W: Ms. Connolly stated no bid was received. In response to Commissioner Conway, Esther
Gesick, Clerk to the Board, confirmed Extraction Oil and Gas nominated these same parcels and then
chose not to bid at a previous auction as well. She further noted the parcels were nominated within the
timeframe of the current ecomonic conditions and it is uncertain as to why they chose to proceed when
the terms of the lease have not changed.
El 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - NW1/4 NE1/4, S10,
T3N, R63W: Ms. Connolly stated staff received one bid from Bonanza Creek Energy Operating
Company, LLC, with a bonus in the amount of $1,351.00 per mineral acre, for a total of $54,040.00.
Commissioner Freeman moved to accept the sold bid, approve the lease, and authorize the Chair to
sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
8) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - E1/2 NE1/4, S10,
T3N, R63W: Ms. Connolly stated staff received one bid from Bonanza Creek Emergency Operating
Company, LLC, with a bonus amount of $1,351.00 per acre, for total of $108,080.00. Commissioner
Cozad moved to award the sole bid, approve said lease and authorize the Chair to sign. Commissioner
Conway seconded the motion, and it carried unanimously.
CI 9) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SW1/4 NE1/4, S10,
T3N, R63W: Ms. Connolly stated staff received one bid from Bonanza Creek Energy Operating
Company, LLC, with a bonus amount of $1,351.00 for a total of $54,040.00. Commissioner Freeman
moved to accept the sole bid, approve said lease and authorize the Chair to sign. The motion was
seconded by Commissioner Conway, and it carried unanimously.
10) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN —
Minutes, April 20, 2015 2015-1133
Page 3 BC0016
LOTS 1-4, S14, T12N, R64W: Ms. Connolly stated this parcel was nominated by Extractionn Oil and
Gas; however, no bid was received and no action is necessary.
el 11) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - W1/2
W1/2, S26, T11N, R60W: Ms. Connolly stated this parcel was nominated by Extraction Oil and Gas;
however, no bid was received and no action is necessary.
e 12) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN -
SW1/4, S26, T4N, R63W: Ms. Connolly stated staff received one bid from Bonanza Creek Energy
Operating Company, LLC, with a bonus amount of $1,351.00, for a total of $216,160.00.
Commissioner Conway moved to accept the sold bid, approve said lease and authorize the Chair to
sign. Commissioner Cozad seconded the motion, and it carried unanimously. Commissioner Conway
commented it is apparent the environment is still very conducive to leasing based on the actions taken
by Bonanza Creek.
NEW BUSINESS:
El 1) CONSIDER TITLE IV-E WAIVER DEMONSTRATION PROJECT APPLICATION: Judy
Griego, Director of the Department of Human Services, presented the terms of the application to fund
three interventions: Family Engagement, Kinship Supports, and Trauma-Informed Screening. The
motion, which was made by Commissioner Freeman, and seconded by Commissioner Cozad, carried
unanimously.
• 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - THIXOFORMING, LLC:
Christopher Woodruff, Weld County Assessor, presented the petition for abatement for 2012 and noted
that no additional information was provided by the agent; however, he did ask his staff to reevaluate the
assessment and he recommends upholding the current value. He further stated the agent is requesting
an Administrative Denial of the petition. Chair Kirkmeyer confirmed that neither the petitioner nor a
representative was present. The motion to deny the petition, which was made by Commissioner
Conway, and seconded by Commissioner Freeman, carried unanimously. Mr. Woodruff stated he is
uncertain whether an appeal will be filed in this case.
e 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SHE LAND, LLC:
Mr. Woodruff presented the petition for an abatement for 2012; however, he stated the agent provided
no additional data, therefore, upon subsequent review he recommends upholding the current
assessment. He stated the agent is requesting an Administrative Denial of this petition as well. Chair
Kirkmeyer confirmed no one was present to speak to this matter. The motion to deny the petition,
which was made by Commissioner Freeman, and seconded by Commissioner Conway, carried
unanimously.
a 4) CONSIDER TEMPORARY CLOSURE OF CR 49 BETWEEN CRS 62.5 AND 64: Janet
Lundquist, Department of Public Works, presented the details of the closure to be effective April 21,
2015, through April 24, 2015. Commissioner Cozad moved to approve said temporary closure. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
le 5) CONSIDER TEMPORARY CLOSURE OF CR 25 BETWEEN CRS 70 AND 72: Ms. Lundquist
reviewed the details of the closure for a culvert replacement, to be effective from April 28, 2015,
through May 1, 2015. Commissioner Conway moved to approve said temporary closure as presented
Minutes, April 20, 2015 2015-1133
Page 4 BC0016
by staff. Seconded by Commissioner Cozad, the motion carried unanimously. On a separate subject,
Commissioner Cozad commented she had received various calls expressing concern with the condition
of CR 13, north of CR 50, and she commended staff for addressing the concerns of the public.
Ms. Lundquist stated the project is weather dependent, they will be applying more gravel to reinforce
the surface and then reapply magnesium chloride, and the crews will be working Tuesday through
Friday of this week. Commissioner Conway also thanked staff for their quick response last Friday.
Ms. Lundquist noted the public has been responding to the Facebook messages by reducing their
speeds in the area.
el 6) CONSIDER CONSTRUCTION SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- HOSHIKO LAND, LLC: Leon Sievers, Department of Public Works, explained Mr. Hoshiko owns the
access west of the CR 49 Parkway, north of Highway 34. Under this agreement, the County will
construct an accelleration/deceleration lane and Mr. Hoshiko will pay $32,158.56 as determined by a
bid selection process. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
Commissioner Conway stated the irrigation water is starting to flow and he requested staff provide a
status report concerning the culvert project.
El 7) CONSIDER SUBMISSION OF APPLICATION TO PUBLIC UTILITIES COMMISSION FOR
IMPROVEMENTS TO RAILROAD CROSSING AT CR 29 NEAR U.S. HIGHWAY 85 AND AUTHORIZE
COUNTY ATTORNEY TO SIGN: Bob Choate, Assistant County Attorney, explained the requirement of
the PUC for an Attorney to sign, and stated the work session discussion requested more information
which resulted in the County having more involvement going forward on this project. Chair Kirkmeyer
stated she had various questions concerning the selection process utilized by Union Pacific. She
stated if the improvements are not made at this intersection they will just move on down the list so it
was agreed to go ahead and proceed; however, she was happy to report there will be no cost to the
County. Commissioner Conway moved to approve said application and authorize the County Attorney
to sign. Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner
Conway commented there was also discussion concerning enhanced communication with Union Pacific
Railroad and the Colorado Department of Transportation (CDOT). Chair Kirkmeyer noted they were
present at the Highway 85 Coalition and they provided some good information and expressed their
intent to work at having people better engaged in the process.
IR 8) CONSIDER RATIFICATION OF OIL AND GAS LEASE WITH AMOCO PRODUCTION
COMPANY AND AUTHORIZE CHAIR TO SIGN - S26, 28, AND 30, T2N, R64W: Brad Yatabe,
Assistant County Attorney, explained this action will correct some uncertainty concerning the validity of
a lease extension. He recommended the Board ratify the original lease since royalty payments have
been received since 1979. Commissioner Freeman moved to approve said ratification and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CI 9) CONSIDER DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE SALE
OF SAME AT SALVAGE YARD, AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY
NECESSARY DOCUMENTS: Ms. Connolly stated this action involves Sheriff's Office patrol units
which were involved in rear end collisions and, upon review, it has been determined that they are worth
more as salvage, versus being sold at acution. She also confirmed all equipment and usable parts will
be stripped for reuse. Commissioner Cozad moved to declare said equipment as surplus property and
approve the sale of same as salvage. The motion, which was seconded by Commissioner Conway,
carried unanimously.
Minutes, April 20, 2015 2015-1133
Page 5 BC0016
PLANNING:
ID 1) FINAL READING OF CODE ORDINANCE #2015-4, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF
THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-4 by title
only. Seconded by Commissioner Cozad, the motion carried unanimously. Tom Parko, Director of
Planning Services, stated this will create a new Article X in Chapter 19 for the new Firestone
Coordinated Planning Agreement (CPA). It also removes all references to the Town of Firestone from
Article II, which will remain in effect for the jurisdictions of Frederick and Dacono. No public testimony
was offered concerning this matter. Chair Kirkmeyer thanked Mr. Parko for starting the process of
updating the CPA language and for bringing this particular agreement to completion. The motion to
approve on Final Reading, which was made by Commissioner Conway, and seconded by
Commissioner Freeman, carried unanimously.
e 2) SECOND READING OF CODE ORDINANCE #2015-5, IN THE MATTER OF REPEALING
AND REENACTING WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, OF THE WELD COUNTY
CODE: Commissioner Conway moved to read Code Ordinance #2015-5 by title only. Commissioner
Freeman seconded the motion, which carried unanimously. Mr. Parko stated this will amend the
Impact Fees to account for inflation at 2.77%. No public testimony was offered concerning this matter.
The motion to approve on Second Reading, which was made by Commissioner Freeman, and
seconded by Commissioner Cozad, carried unanimously.
3) RECORDED EXEMPTION, RECX15-0012 - C.B. KEIRNES LAND COMPANY, LLC: Chris
Gathman, Department of Planning Services, gave a brief description of the location and explained the
application is to create four lots with a shared access from State Highway 392. He stated Lot B
contains a single family dwelling which is under separate ownership, and the rest of the proposed lots
are vacant and under the ownership of the applicant. He stated staff recommends denial of the
request, as it does not comply with Sections 24-8-40.J or K; it is more consistent with a nonurban
subdivision or Planned Unit Development, since the Recorded Exemption (RE) process does not have
adequate review provisions for features such as access, drainage, school district needs, public notice,
etc. He displayed a site map, aerial map and several photographs of the access point. Mr. Gathman
also indicated the Building Official has expressed concern with the lack of building permits for the entry
gate/sign structure which must meet setback requirements from State Highway 392. In response
to Commissioner Cozad, Mr. Gathman stated the setbacks have not been measured, the initial RE was
recorded in February, 2005, and the amended RE was recorded in 2006. Responding to
Commissioner Kirkmeyer, Mr. Gathman reviewed the history of how the property has been divided
to-date and explained the roadway going through the lots is an access easement so it does not create
separate lots, contrary to road right-of-way. He further stated the PUD process would allow for the
creation of additional lots on the other side of the internal access roadway, and there is no limit on the
number a times Lot D may be divided. la Robb Casseday, Casseday Creative Designs, thanked
staff for an accurate presentation of the application and asserted it is not their intent to circumvent the
subdivision process. The popularity of large luxury lots has not yet recovered from the Great
Recession, therefore, the applicant has explored the idea of marketing smaller lots using the existing
infrastructure. He addressed the presence of landscaping, open space east of the access road to be
recorded and platted for potential buyers to access Seeley Lake, mailboxes, a school bus pulloff, and
an access which is compatible with emergency response equipment. He further stated Condition of
Approval #2.D addresses the access and the applicant is willing to comply with any incomplete
permitting for the sign/gate to ensure the setback requirements are met. Mr. Casseday displayed
additional photographs which he reviewed for the record. In summary, he stated this application meets
all of the Code requirements.
Minutes, April 20, 2015 2015-1133
Page 6 BC0016
In response to Commissioner Cozad, Mr. Casseday stated the proposed development is called
Eagle View Farms. Commissioner Cozad further questioned why the applicant is not going through the
Subdivision or PUD process to ensure cohesiveness of the entire development. El Glen
Droegmueller, Attorney, stated they are trying to retain some flexibility for the client with the initial three
lots which have Covenants that would be extended to the new lots. He explained the placement of the
access easement and the intent to market the lots in phases in an effort to generate revenue to
continue with future development (a PUD on the remaining 120 acres), if warranted. He further stated
the Covenants do not restrict Agricultural uses. Commissoner Cozad expressed concern with potential
conflicts with future Uses by Right, access impacts, and the creation of a non-urban subdivision without
input from the public. 0 Chair Kirkmeyer agreed and stated a PUD does not mean utilities have to
be done now. Mr. Droegmueller stated the Covenants are a matter of public record and create a
Homeowners' Association with a Board of Directors, which will be expanded to incorporate the
additional lots. He explained how the Covenenats are incorporated in the Title Commitment which
influences the use of the lot subject to a Declaration. He further stated the uses allowed by the
A (Agricultural) Zone District would not be restricted. ID Chair Kirkmeyer stated the County spent
$5 million at the intersection of CR 23 and Highway 392, to correct a very dangerous offset intersection,
as well as improvements at CR 47 and Highway 392, and also some at CRs 53 and 55.
0 Ms. Lundquist stated Improvements Agreements are typical of the Subdivision and PUD
processes; however, they are not standard for the Recorded Exemption process. Mr. Casseday stated
the west easement will be the access to the future Lot D parcels which will be created through a PUD
process, and he acknowledged the need for an Improvements Agreement at that time, if warranted.
Responding to Commissioner Cozad, Mr. Casseday stated the property is flat and slopes toward the
agricultural area that will be maintained, and the size of the lots will be conducive to natural absorption,
versus formal drainage improvements. 0 Brad Keirnes, owner/applicant, reiterated he is striving for
a "Luxury in the Country" theme. He indicated there is growing resistance to large lots despite the
beautiful setting, views, quality schools, proper access, etc. This analysis led to pursuing the plan to
create a smaller version of the same product by utilizing the existing infrastructure. He explained the
reasoning for consolidating the placement of the lots as currently proposed, and stated they
intentionally incorporated many of the amenities common to a formal Subdivision or PUD development,
which will be subject to Covenants that are consistent with the A (Agricultural) Zone District, with
protection. Lastly, he stated he has reviewed and agrees to abide by the Conditions of Approval as
presented.
0 Chair Kirkmeyer stated she initially felt this appeared to be an attempt to evade the Subdivision
process and she commended staff for their approach in this case. She stated although she would
typically vote against this case, it is her belief the applicant has not attempted to hide his intent to
further develop the property in the future and has adequately answered her questions which are
consistent with the ultimate plan. She asked that staff develop language that makes it clear that the
recorded access easement does not create any separate lots and further division of the property would
trigger a Road Improvements Agreement with regard to Highway 392.
CI Commissioner Conway agreed with the earlier comments and suggestions. He acknowledged
that many approved PUD applications have requested extensions of time due to market conditions. He
also commended staff for abiding by the rules and allowing the Board to make a determination in this
matter. He expressed his appreciation to the applicant for trying to be a good steward of the property
by recognizing the market conditions and giving thought on how to make this work in the best way
possible.
Minutes, April 20, 2015 2015-1133
Page 7 BC0016
CI Commissioner Cozad also agreed with the previous comments and stated she appreciates the
position of the property owner in relation to the local economy, the site's close proximity to the City of
Greeley, traffic/access issues, and the preservation of rights in the A (Agricultural) Zone District. After
hearing the testimony, she stated she is willing to support the application.
CI Commissioner Freeman thanked the applicant for the testimony and quality presentation. He
stated he is very familiar with the location and is not concerned with the additional traffic of several
more lots; however, further development will be a different conversation.
Mr. Gathman suggested deleting the requirement for evidence that the access is dedicated as
right-of-way by Weld County under Condition of Approval #2.D.2 and the Board concurred.
Mr. Gathman also proposed the addition of language stating: "No additional lots shall be created by this
easement" Commissioner Cozad suggested adding the proposed language as a note on the plat
under Condition of Approval #2.G.13, and the Board concurred. It was also agreed upon to add
another note on the plat as Condition of Approval #2.G.14 stating: "Any further division of Lot D will
trigger the requirement for a Road Improvements Agreement." Mr. Gathman stated the Covenants are
stricter than the Code in regard to Home Businesses. In response to Chair Kirkmeyer, Mr. Keirnes
stated he has reviewed and agrees to abide by the Conditions of Approval, as amended.
G Chair Kirkmeyer stated she appreciates staff's due diligence in this matter; however, she finds
that the proposal does comply with Sections 24-8-40.A-O of the Weld County Code and that although
utilization of the Recorded Exemption process this is not typical for this type of development, the
applicant has demonstrated sound planning. She stated the proposal, along with the Conditions of
Approval, is consistent with the intent of the Chapter to assist with orderly and integrated development,
protecting the health, safety and welfare of the citizens, and encouraging a well planned division of
property by establishing adequate standards for design and improvement.
Based on the findings as stated above, Commissioner Conway moved to approve Recorded
Exemption, RECX15-0012, with the Conditions of Approval as amended. The motion was seconded by
Commissioner Freeman and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved. Code Ordinance #2015-4 was approved on Final
Reading and Code Ordinance #2015-5 on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, April 20, 2015 2015-1133
Page 8 BC0016
There being no further business, this meeting was adjourned at 11:16 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: d (d ,/ ; t,
G�Ij jCLo cC arbara Kirkmeye , Chair
Weld County Clerk to the Board
BY: EL Mice Freeman, Pro-Tern
D:pity Clerk t• the Bo-,y- R
361 (. e P. Conway n'ot
®U N I A. ozad
EXCUSED
Steve Moreno
Minutes, April 20, 2015 2015-1133
Page 9 BC0016
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