HomeMy WebLinkAbout20151378.tiff HEARING CERTIFICATION
DOCKET NO. 2015-45
RE: A RESUBDIVISION, RES15-0001, OF LOT 1 OF RS-1023 (A RESUBDIVISION OF
UNION COLONY SUBDIVISION) AND PART OF THE UNION COLONY SUBDIVISION
LOCATED OUTSIDE THE BOUNDARIES OF RS-1023 TO CREATE A TOTAL OF
FIVE (5) LOTS - GEISERT PIT SUBDIVISION —WELD COUNTY
A public hearing was conducted on May 20, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 30, 2015, and duly published May 5,
2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Weld
County, for a Resubdivision, RES15-0001, of Lot 1 of RS-1023 (a Resubdivision of Union
Colony Subdivision) and part of the Union Colony Subdivision located outside the boundaries of
RS-1023 to create a total of five (5) lots - Geisert Pit Subdivision. Robert Frick, County
Attorney, made this a matter of record.
CI Chair Pro-Tem Freeman advised Brad Yatabe, Assistant County Attorney, representing
the applicant, that, since Commissioner Conway and Chair Kirkmeyer were not able to be
present, he had the option of continuing this matter to a date with the full Board present.
However, if he decides to proceed today, it will require three affirmative votes. Mr. Yatabe
indicated he would like to proceed.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the request is to create a total of five (5) lots. He displayed a map of the
proposed lots and explained Lot 1 has an existing access and will continue to be utilized by the
County Public Works Department, Lot 2 and Lot 3 are proposed for future water storage and
augmentation through the Central Colorado Water Conservancy, Lot 4 is a portion of the
existing Poudre River Trail, and Lot 5 is simply to clarify the boundary between what is owned
by Weld County and what is owned by the City of Greeley. Once completed, this parcel (Lot 5)
will be in the City of Greeley. The Utility Board Hearing resulted in recommendations regarding
utility easement corrections. The City of Greeley requested in the referral response that an
easement be dedicated for the existing Poudre River Trail, in case the parcel is ever sold, that is
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HEARING CERTIFICATION -WELD COUNTY (RES15-0001)
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a minimum of 30 feet wide, and shall be defined as, "a pedestrian and non-motorized vehicular
trail right-of-way", or dedicating the entire Lot 4 as, "a pedestrian and non-motorized vehicular
trail right-of-way", also requesting this same right-of-way be dedicated across the current Saddle
Club Subdivision and should continue east to the southeastern boundary of the Geisert Pit
Subdivision. Mr. Gathman stated the resolution currently reflects the "applicant shall attempt to
address the referral recommendations from the City of Greeley". He communicated following up
with the City of Greeley to make sure there were no further requests. In response to
Commissioner Cozad, Mr. Gathman clarified additional lots are being created. He entered the
favorable recommendation of the Department of Planning Services into the record as written
and displayed photos of the site, adjacent properties and surrounding views.
Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements and stated the applicant has accesses shown on the
application and stated staff requested the access being used should be delineated on the map
before discussing an access easement and then proceed with determining the utility easements
as recommended by the Utility Board. Ms. Petrik mentioned the City of Greeley did not have
access permit applications or numbers. She stated the site is located in an MS4 area and
reviewed the relevant Development Standards.
0 Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating that since the lots are not being created for home sites or business
use, there are no issues with this request and there are no Conditions of Approval or
Development Standards.
El Brad Yatabe, Assistant Weld County Attorney, represented the applicant and stated the
City of Greeley is a Co-applicant on this application and he is authorized to represent both
parties. He began by explaining the surrounding uses in relation to the location and accesses
and stated the purpose is primarily to clean up the property lines. He explained the uses for
each lot and stated the intent is to clarify the accesses and easements as previously mentioned.
Mr. Yatabe stated he has spoken to Tom Selders regarding the plans to dedicate an easement
for the Poudre River Trail and he did not have any objections regarding this proposal. 0 In
response to Commissioner Cozad, Mr. Yatabe explained there is an access and he believes the
changes to the river bed have affected the property lines. He further explained the reason for
the parcel divisions is due to a portion of the property being within unincorporated Weld County
and the other parcels are within the City of Greeley; therefore, should the City want to annex
these lots, the property lines, accesses, and utility easements will be legally delineated. In
response to Commissioner Moreno, Mr. Yatabe gave the history of Lots 2 and 3 having been a
mined gravel pit and now they are contracted to Central Colorado Water Conservancy to be
used for water storage and he did not have the depth of the pit but could look that up. Mr.
Yatabe explained in regard of the City of Greeley comments, that he did not want to agree to the
placement of the easement for the Poudre River Trail before today's hearing; however, he
agrees the language given by the City makes sense but recommends further language be
added to make it specific to the trail, so the property is not saddled by the easement, and further
to clarify it is only regarding Lot 4. Robert Frick, Weld County Attorney, stated the Board could
go either way. In response to Commissioner Cozad, Mr. Yatabe confirmed he had responded to
the City of Greeley regarding the recommendations listed on the referral response.
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Ei Randy Bucklen, co-owner of Bucklen Equipment, came to put it on the record that he and
his wife Lori Bucklen own the property where notice was received and adressed to the prior
owners.
El In response to Chair Pro-Tem Freeman, Mr. Yatabe offered clarification that the notice the
Bucklen's received was regarding mineral owner's interest. It may not be a property owner issue
but moreso a question of mineral interest ownership. He conculded by stating the application
meets the intent of the Code and there have been no objections received and it accomplishes a
clear definition of property boundaries. He also recommended a few minor changes to include
defining COA #1.B.4 to specify only Lots 2, 3 and 4; creating a new COA #1.B.5 regarding the
utility easements as requested by the Utility Board; and, creating a new COA #1.B.8 to read, "A
30-foot wide easement for pedestrian and non-motorized vehicular trail access specifically for
the Poudre River Trail shall be indicated on Lot 4." The applicant, staff and Commissioners
agreed with the changes.
el Commissioner Cozad moved to approve the request of Weld County, for a Resubdivision,
RES15-0001, of Lot 1 of RS-1023 (a Resubdivision of Union Colony Subdivision) and part of the
Union Colony Subdivision located outside the boundaries of RS-1023 to create a total of five (5)
lots - Geisert Pit Subdivision, based on the recommendations of Planning staff, with the
Conditions of Approval as amended and entered into the record. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:41 a.m.
This Certification was approved on the 27th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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