HomeMy WebLinkAbout20071805.tiff •
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 5, 2007
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Chad Auer, at 1:30 p.m.
ROLL CALL ABSENT -73
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Chad Auer- Chair z 30
Doug Ochsner-Vice Chair C) — Nn
Paul Branham Ill -O46
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Erich Ehrlich -O OO
Bruce Fitzgerald (Y1 �-0•1G
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Mark Lawley v'r
Roy Spitzer
James Welch
Also Present: Chris Gathman, Hannah Hippely, Kim Ogle,Tom Honn,Department of Planning Services,Don
Carroll, Jesse Hein, Brian Varrella, Department of Public Works, Pam Smith, Char Davis, Department of
Health, and Kris Ranslem, Secretary.
Bruce Fitzgerald moved to approve the minutes of the Weld County Planning Commission meetings held on
May 1, 2007 and May 15, 2007, seconded by Tom Holton. Motion carried.
Doug Ochsner asked for legal advice from Bruce Barker, County Attorney, on the process for the April 17,
2007 minutes with regard to Scott Ballstadt's request for correction of the minutes. Mr. Ochsner commented
that as to his recollection he doesn't necessarily agree with him or didn't hear the same thing as Mr.Ballstadt
had heard. Mr. Ochsner continued that he may agree with some of the items; however some of them are
things that Mr. Ballstadt may have wished he would have said and is unsure how to proceed with what the
board should do at this point.
Paul Branham commented that the minutes from April 17,2007 have already been approved and believes that
they are essentially accurate as to what transpired. Mr.Branham added that this letter was received from Mr.
Ballstadt after the fact and doesn't see anything in his letter that has any affect on the minutes. Mr. Branham
suggested that as a courtesy to Mr. Ballstadt,as is done with any letter received from a citizen on a case,that
a copy of his request be placed in the case file.
Bruce Barker,County Attorney,stated that they are the board's minutes and if you don't see the need to make
any changes, you don't have to. Mr. Barker sees the request as being similar to when the attorneys take a
deposition and you have the deponent looking at it and saying I wish I would have said this or said it that way,
but frankly they didn't take it down wrong, they took it down right, it's just that it wasn't said the way they
wanted it said.
Doug Ochsner stated he doesn't necessarily go back after each meeting and look at the minutes word for
word and making sure that it is all stated 100%true and accurate,so from Mr. Ballstadt stating as an example
"on page 6, paragraph 4 that the project is actually west of and adjacent to CR 23, rather than east", that
probably was said and so there a couple of things that may be correct. Mr. Ochsner continued to say that he
doesn't want to just say that these are our minutes and yes this is what was exactly said,because it is possible
that there may be a couple of things that Mr. Ballstadt may be correct on. Mr.Ochsner stated that he doesn't
want to be held liable for something that we approved as being the exact 100% true word for word.
Tom Holton stated that he doesn't feel that the board should let anybody change the minutes. If everyone on
the board is comfortable with the minutes then we shouldn't let a planner or anybody from the public change
those minutes.
Chad Auer commented that ultimately the tape is the back up. Tom Holton added that anyone can listen to
the tape and listen to it verbatim; however this is just a summary of what happened at the meeting.
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Doug Ochsner asked if the board is legally bound to include the request in the file because this could be
misunderstood by anyone from the public. Mr.Ochsner continued to ask if there is there a need to include this
in the file or can we just notify him that he can make a presentation to the County Commissioners and not
include this in the case file.
Bruce Barker recommended placing this into a general correspondence file.
Paul Branham commented that he doesn't see this as a major problem. The one issue that Doug mentioned
regarding the direction, okay that was a minor error, however there was several indications of the correct
location and doesn't feel that the rest of the request is something the board should be concerned about and
should not change the minutes. Mr. Branham feels that since it is important to Mr. Ballstadt that it should be
included in the case file in the event it is ever brought up in the future.
Paul Branham moved that a copy of the correspondence from Mr. Ballstadt,Town of Windsor,be included in
the case file, seconded by Bruce Fitzgerald.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Chad Auer,
yes. Motion carried unanimously.
CONTINUED ITEMS
The Chair read the case into record.
CASE NUMBER: MF-1025
PLANNER: Hannah Hippely
APPLICANT: Robert Parsons
LEGAL DESCRIPTION: Lot B of RE-3358; being Part of the NW4 of Section 10,T7N, R67W of
the 6t'P.M.,Weld County Colorado.
REQUEST: Minor Subdivision Plat for 8 residential lots, Peace Haven Estates,with
Estate Zoning.
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84. For
a more precise location, see legal.
Hannah Hippely, Department of Planning Services, presented case MF-1025.
Ms. Hippely stated that the applicant, Robert Parsons, has requested a continuance of MF-1025 to the
July 3rd, 2007 Planning Commission hearing. The applicant needs the extra time to address outstanding
issues in regards to the drainage report for the subdivision.
While staff is supportive of the request for a continuance we would prefer that the case be continued
indefinitely. Past assurances that the drainage issues were being resolved have repeatedly not resulted
in any progress and to date no progress has been made since the last request for a continuance.
Bruce Fitzgerald asked if it is continued indefinitely, could the case still be heard at the July 3, 2007 date.
Ms. Hippely replied that we would re-notify again and schedule a new hearing and the date would depend
upon when they submit their drainage report.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak
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Bruce Fitzgerald moved that Case MF-1025 be continued indefinitely, Doug Ochsner seconded the motion.
Motion carried.
The Chair read the next case into record.
CASE NUMBER: PZ-1130
APPLICANT: Gary Mackey& Michael Cohrs
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