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Board Packet MORGAN COUNTY PLANNING AND BUILDING DEPARTMENT MORGAN COUNTY COMMISSIONERS FILE SUMMARY September 8, 2020 September 14, 2020 hearing date APPLICANT: Lindsey Deganhart LANDOWNER: Kimberlee Deganhart This application was considered by the Planning Commission on August 10, 2020 and received a unanimous recommendation of approval on a vote of 6-0, with one member absent. On August 10, the day of the Planning Commission public hearing, comments were received from the State Engineer stating that there are two domestic wells within the proposed Lot 1 and requested those wells be plugged. Since the date of the Planning Commission approval, a request by the State Engineer to plug and abandon one of the domestic wells on the property and re-permit the second well, permit nos. 34309 and 47443. Morgan County Quality Water currently provides water to Lot 1 and will provide water to Lot 2 upon full payment of the water tap fees. On August 26, 2020 email from the state engineer’s office stated that the two wells have been plugged and abandoned. In addition, Xcel Energy stated they may need easements on the property. On August 28, an email was received from Xcel stating that they had reviewed the location and that new easements are not necessary. This application is for the Deganhart Minor Subdivision in the S½ of Section 34, Township 5 North, Range 59 West of the 6th P.M. Morgan County, Colorado. The property is located north and west of the intersection of County Road 10 and County Road Y and addressed as 9681 County Road Y. The property is currently undeveloped and the lots will be residential and agricultural uses in the Agriculture Production zone district. Lindsey Deganhart as applicant is requesting approval of a minor subdivision that will plat 115.48 acres into two lots, Lot 1 is 112.83 acres, Lot 2 is 2.65 acres, Assessor’s parcel number 0973-340-00-019. There is an existing home with a small storage shed, lean-to and a 1-car garage on the proposed lot 1. All the existing structures exceed setback requirement from the lot lines to be created by this plat. There has been a series of five exemptions from the original parcel, which has resulted in the requirement for a subdivision process. In reviewing an application for a minor subdivision the Planning Commission and the Board of County Commissioners shall apply the following criteria as listed from Section 8-195 of the Morgan County Subdivision Regulations: (A) Whether the application documents are complete and present a clear picture of how the subdivision is to be laid out including all infrastructure, easements, and access. Morgan County Government 231 Ensign St PO Box 596 Fort Morgan, CO 80701 Telephone (970) 542-3526 [email protected] The application documents are complete: Lot 1 Lot 2 Water Quality Water Tap 1835 Quality Water Tap #TBD Septic NE Colo Health – no objection – NE Colo Health – no objection – existing septic new septic Access (3) Road and Bridge – Existing Road and Bridge – ok new Fire Wiggins Rural Fire Wiggins Rural Fire Soil map Provided Provided Ext Svc No AU proposed at this time 2 AU proposed at this time Minerals Not severed Not severed R-T-F Complete Complete (B) Whether the proposed subdivision is consistent with the Morgan County Comprehensive Plan. The subdivision is located in the northwest planning area. Chapter 2.II.C. 1., County Wide Goals: Encourage the development where the proposed development is compatible with existing land uses – other exempted properties, minor subdivisions and small acreage properties are in the area. There is access to existing infrastructure, Quality Water and County Roads. C) Whether the proposed subdivision is compatible with surrounding land uses and is adequately buffered as needed. There is Rural Community Residential lots that adjoin Lot 1 in the southwest corner of the property. The remainder of the adjacent properties are zoned Agriculture Production. The property will maintain the Agriculture Production zone district. County Road Y borders the property on the south, County Road 10 on the east; County Road 9.5 to the west which is maintained by Road and Bridge south of a private road sign and is adjacent to proposed lot 2, to the south is a 150’ buffer strip between Lot 2 and the smaller lots of a Rural Community Residential zone and the Town of Weldona. All appropriate notice requirements have been completed with no comments received as of August 28, 2020. Forty-four property owners within 1,320 feet were notified of the application; there have not been comments, either in favor or opposed. Comments from referral agencies: Xcel Energy requests communication with them regarding possible easement needs. This has been resolved, easements are not necessary State Engineer requested that two domestic wells be closed, this has been resolved. Suggested conditions: 1. Prior to recording of the plat, the Morgan County Quality Water tap will be paid in full. Pam Cherry Morgan County Planning Administrator Morgan County Government 231 Ensign St PO Box 596 Fort Morgan, CO 80701 Telephone (970) 542-3526 [email protected] 8/13/2020 Co.morgan.co.us Mail - FW: Survey Pam Cherry <[email protected]> FW: Survey 2 messages Lindsey Deganhart <[email protected]> Thu, Aug 13, 2020 at 11:46 AM To: "[email protected]" <[email protected]> Hi Pam, Per Jakes email below, we will not need an easement for the subdivision. I am sll working on the wells. I called the state yesterday and they gave me more informaon on what needs done. I thought there were only 2 irrigaon wells on the property, but there are 2 domesc wells as well. The domesc wells are what they want addressed before the subdivision can be done. I will keep you updated on that. Thank you! Lindsey Deganhart From: Jake Bragg [mailto:[email protected]] Sent: Thursday, August 13, 2020 11:26 AM To: Lindsey Deganhart <[email protected]> Subject: Re: Survey Hi Lindsey, I have reviewed the locaon of the gas and electric lines on your property and have determined that Xcel does not require new easements for the exisng lines prior to subdividing the property so we are clear on our end. Let me know if you have quesons. Thank you, Jake Jake Bragg Xcel Energy/Public Service Company of Colorado Contract Right of Way Agent P: 720-256-7465 https://mail.google.com/mail/u/0?ik=9d6946d2d5&view=pt&search=all&permthid=thread-f%3A1674933222472720173&simpl=msg-f%3A16749332224… 1/4 8/13/2020 Co.morgan.co.us Mail - FW: Survey The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. From: Lindsey Deganhart <[email protected]> Sent: Thursday, August 6, 2020 11:13 AM To: Jake Bragg <[email protected]> Subject: RE: Survey Hi Jake, I just wanted to follow up on this. Did they find anything? Thanks, Lindsey From: Jake Bragg [mailto:[email protected]] Sent: Wednesday, July 29, 2020 9:05 AM To: Lindsey Deganhart <[email protected]> Subject: Re: Survey Hi Lindsey, I am going to have a surveyor come out to the property to see if there are any electric or gas lines that will need to be put into a new easement. Their company name is SEH and they will be driving a white pickup. I'll let you know if they locate anything. Thanks, Jake Jake Bragg Xcel Energy/Public Service Company of Colorado Contract Right of Way Agent P: 720-256-7465 The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not https://mail.google.com/mail/u/0?ik=9d6946d2d5&view=pt&search=all&permthid=thread-f%3A1674933222472720173&simpl=msg-f%3A16749332224… 2/4 8/13/2020 Co.morgan.co.us Mail - FW: Survey the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. From: Lindsey Deganhart <[email protected]> Sent: Tuesday, July 28, 2020 3:10 PM To: [email protected] <[email protected]> Subject: FW: Survey From: Lindsey Deganhart [mailto:[email protected]] Sent: Monday, May 25, 2020 7:48 PM To: Lindsey Deganhart <[email protected]> Subject: Fwd: Survey Sent from my iPhone Begin forwarded message: From: [email protected] Date: May 15, 2020 at 9:29:25 AM MDT To: Lindsey Deganhart <[email protected]> Subject: Survey Lindsey, Hard copies will be in the mail to you today Let me know if you need anything else Thanks Nicole Hay Leibert-McAtee and Associates, Inc. Land Surveyors 615 S 10th Avenue https://mail.google.com/mail/u/0?ik=9d6946d2d5&view=pt&search=all&permthid=thread-f%3A1674933222472720173&simpl=msg-f%3A16749332224… 3/4 8/13/2020 Co.morgan.co.us Mail - FW: Survey P.O.
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