HomeMy WebLinkAbout20060586.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 27, 2006
TAPE #2006-07
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 Centennial Center,
Greeley, Colorado, February 27, 2006, at the hour of 9:00 a.m.
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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 22, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on February 22, 2006, as follows: 1)PZ#545-WIPO, LLC,Attn: Bret Larimer. Commissioner
Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-0586
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $586,069.80
Electronic Transfers -All Funds $2,967,420.99
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER 2006-2007 COMMUNITY SERVICES BLOCK GRANT APPLICATION AND PLAN AND
AUTHORIZE CHAIR TO SIGN: Mr.Warden stated the Department receives the grant each year,and this
grant is in the amount of$269,127.00. He stated the funds originate at the Federal level and are passed
through the Department of Local Affairs. He stated the funds are used for transportation for the rural elderly,
for a term of March 1,2006,through February 28,2007. In response to Commissioner Masden,Mr.Warden
stated the funds are used to reimburse volunteer mileage and operating costs of the Mini-Bus.
Commissioner Jerke moved to approve said application and plan and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-AMAIZEING FARM EVENTS, LLC, DBAAMAIZEING FARM EVENTS: Bruce
Barker, County Attorney,stated the license is for a term of January 1, 2006,through December31, 2006,
and approval is recommended. CommissionerJerke moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TWO PETITIONS FORABATEMENTOR REFUND OFTAXES-OUTWEST PROPERTIES,
LLC: Mike Sampson,Assessor's Office,stated the petitions are for the same piece of property for the years
2004 and 2005. He stated the petitioner filed for years earlier; however, it was past the legal limit of time
to process those petitions. He stated the property is located in Belmont Farms Phase I, north of the Town
of Severance. He further stated the lot has been used agriculturally,it is not a residential piece of property,
and approval is recommended for the years 2004 and 2005. Commissioner Masden moved to approve said
petition. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT TO THE FAMILIES,YOUTH,AND CHILDREN COMMISSION:Commissioner
Jerke moved to appoint Daniel Fahrenholtz to the Families,Youth,and Children Commission,with a term
to expire December 31, 2007. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
SECOND READING OF ORDINANCE#2006-1,IN THE MATTER OF AMENDING MAP 2.1,STRUCTURAL
LAND USE MAP,TO MODIFY THE LAND USE DESIGNATIONS-BENSON FARMS, LLC: Commissioner
Masden moved to read by title only. Seconded by Commissioner Jerke,the motion carried unanimously.
Chair Geile read said title into the record. Michelle Martin, Department of Planning Services, stated the
application is for the modification to designations of parcels of land located within the Mixed Use
Development(MUD)area,changes to Chapter22 of the Comprehensive Plan,and Chapter 26 of the Mixed
Use Development Plan, Structural Land Use Map 2.1. She stated the parcels associated with the proposal
are located north of State Highway66,and east of Weld County Road 9.5. Ms. Martin gave a brief overview
of the proposal, and stated the application was submitted on August 1, 2005. She stated the applicant
intends to create a planned community, and the entire site is located within the MUD area; however, the
proposed land use designations for the planned Meadow Ridge PUD are not consistent with the existing
Structural Land Use Map 2.1, amended August 30, 2004. She further stated the current map designates
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employment centers and regional commercial centers adjacent to State Highway 66 and Weld County Road
9.5. Ms. Martin stated the proposed subdivision has planned for residential and neighborhood centers,
which is inconsistent with the current land use designations; therefore, an amendment is requested.
(Changed to Tape #2006-08). She stated the site will be developed with 166 acres of open space,
connecting throughout the subdivision,which meets the 20 percent requirement of land dedicated to open
space. She further stated the applicant proposal includes neighborhood commercial uses adjacent to State
Highway 66,which relates to the higher intensities identified on the map. Ms. Martin stated this parcel of
land was included in the MUD Study completed in May 2002, and the property owner met the criteria for
adequate services;however,some of the property is located within the Saint Vrain Sanitation boundaries,
and the remaining property is located in the Town of Mead 208 boundaries. In response to ChairGeile,Ms.
Martin stated only part of the parcel is located within the boundaries of the Saint Vrain Sanitation District,
and water will be provided to the site from the Little Thompson Water District. She stated Weld County
Paramedic Services and the Sheriffs Office will provide emergency services, and will be assisted by the
Mountain View Fire Protection District. She further stated a maximum of 2,400 residential units are
proposed to be located on the site, adding approximately 6,672 persons,of which 1,361 will be school-age
children. She stated the Planning Commission has recommended approval. In response to Commissioner
Masden, Ms. Martin stated the development will place approximately two to three dwelling units per acre.
Commissioner Jerke stated he was confused about the percentage of residential uses stated under the
proposed amendment. Ms. Martin stated the applicant has the option to place all residential units within the
development, or he may choose to place neighborhood commercial areas within the development,which
the applicant is referring to"flex zones." In response to Chair Geile, Ms. Martin stated staff has received
correspondence from the Town of Mead,which is included in Exhibit A. She further stated three towns are
located within the three-mile referral area; however, staff has only received comments from the Town of
Mead.
Gary Woods, applicant, stated the original application was included within the MUD area analysis, as a
mixed use project, and the land use table was very specific about the number of acres designated
residential, commercial, and neighborhood and employment center. Mr.Woods stated upon submittal of
Sketch Plan application, it was desired to have a more flexible plan to be able to utilize"flex zones." He
stated the yellow areas displayed on the revised drawing are the"flex zones,"which may be residential or
commercial, and the overall balance of the site is designated for residential uses. He further stated the
overall request is for the entire 800 acres to be residential,with the included requirements for open space,
or commercial along State Highway 66. He stated after submittal of the Sketch Plan application, staff
requested the surface use agreements be completed, as well as an amendment to the MUD area so that
the proposal remains consistent with the Comprehensive Plan. He further stated he does not want to risk
the parcel being considered inconsistent with the Comprehensive Plan at the Change of Zone hearing. Mr.
Woods stated he has been in the process of entitling the property for over five years, and at the time the
first application was approved in May 2002, adjacent properties were purchased. He stated he is in the
process of completing surface use agreements,and upon completion of the agreements,and completion
of a sewer solution,the Change of Zone application will be ready. ChairGeile read the letter,dated January
27, 2006, from the Town of Mead into the record. In response to the letter, Mr. Woods stated the letter,
dated January27,2006,requested a one-half mile boundary around a water treatment plant(Lake Thomas
Water Treatment Plant) be included. He stated he responded to the letter, stating the system is a single
purpose septic system for a condominium project; however, the Town of Mead identifies the plant as a
wastewater facility, although the Town is not considering expansion at this time. Mr. Woods stated he
submitted a letter to the Department of Planning Services, requesting that an urban growth boundary not
be recognized around the water treatment plant. He stated the East 1-25 Sanitation District is a
conglomeration of eight owners, and the sewer solution he proposed is an Intergovernmental Agreement
with the Saint Vrain Sanitation District. He stated the interceptor systems will be developed on the east side
of 1-25, which will run along Weld County Road 17, to Weld County Road 32, and across the Grandview
Estates parcel. He further stated the plan is based on a tap fee of$1,750.00 per residential tap, and the rate
Minutes, February 27, 2006 2006-0586
Page 3 BC0016
to the East 1-25 District will be approximately$3,500.00 per residential unit. He stated Saint Vrain has a
state of the art treatment plant,which is expandable to fifteen million gallons per day. Mr.Woods stated a
petition for annexation was filed with the Town of Mead in 2002. At the same time, the County was
negotiating the Intergovernmental Agreement boundaries with the Town of Mead,and most of the property
was located within the Intergovernmental Agreement. He stated upon non-renewal of the Intergovernmental
Agreement with the Town of Mead,the annexation petition was withdrawn,and the Sketch Plan application
was filed with the County. He further stated he will be pursuing the Change of Zone hearing through the
County.
Monica Mika, Director of Planning Services,stated she responded in writing to the Town of Mead regarding
concerns about the parcel being inappropriately identified in the Intergovernmental Agreement boundary.
She stated the Town of Mead contends that the Lake Thomas Water Treatment Plant originally housed the
Countryview Nursing Home in 1968,and had it's own treatment facility. She stated the facility may provide
service for approximately 25 additional residences. She further stated the property was annexed into the
Town of Mead in 2000, following denial of a Change of Zone from the Board of County Commissioners.
Ms.Mika stated the Town of Mead requested an urban growth boundary be established one-half mile from
the existing Lake Thomas facility. She stated that at the time the parcel entered into the MUD area, the
Town of Mead declined comment, and on an annual basis, the Town of Mead has declined to provide
information to the Department of Planning Services regarding urban growth boundary lines. She further
stated the boundary is consistent for urban growth,and the proposed parcel is ripe for urban development;
therefore, she is not sure why the Town of Mead has obligations to the proposal. In response to
Commissioner Jerke, regarding the applicant's proposed amendment, Ms. Mika stated an application to
change the Structural Land Use Map is forwarded for Board action. She stated at the time of the original
proposal,the applicant delineated specific uses for the land. When the applicant proposed a modification
at the Sketch Plan phase, staff realized the proposal was very site-specific, and recommended that the
applicant's proposal be as consistent as possible with the desired plans for the parcel, without being
inconsistent with the Comprehensive Plan,while allowing flexibility for adding commercial components.
In response to Commissioner Jerke, Ms. Mika stated a school would be considered to be a part of a
Residential Zone District,and the goal of the hearing today is to confirm that the uses fit within the Structural
Land Use map. Further responding to Commissioner Jerke, Ms. Mika stated a Residential Zone District
generally requires 20 percent of the land to be used for open space. Mr.Woods stated he is asking for the
entitlement that the parcel may be zoned entirely for residential uses. Ms. Mika stated the applicant is
designing the parcel to allow both residential and commercial zone uses; however,flexibility is needed for
the future. Mr. Barker stated entitlement does not occur until the Change of Zone hearing,and approval of
the amendment would simply state that urban development may occur on the parcel. Commissioner Jerke
stated the applicant should not state that the proposed allocation will be 100 percent residential when
commercial zones are proposed as well. Mr. Woods stated the amendment is requested since he does
not want the Change of Zone hearing to be considered inconsistent with the Comprehensive Plan,and the
specific zone categories will be discussed at the Change of Zone hearing. He further stated Weld County
Road 13 is the County's main arterial road within the area,and a lot of commercial zoning exists along the
1-25 Corridor. He stated the development will be considered a residential community, with commercial
services adjacent to State Highway 66 and Weld County Road 9.5. He further stated the Colorado
Department of Transportation(CDOT)has discussed the expansion of State Highway 66,and in the future,
this area will be an area of growth. Mr.Woods stated urban growth will continue to occur,and development
must be done the correct way,with urban scale services. He further stated the Town of Mead is using its
sanitary sewer allocation to force annexation of all development east of I-25. He stated he is not opposed
to annexing to the Town of Mead at some point in the future. In response to Mr.Warden, Ms. Mika stated
the Lake Thomas facility was publicly operated for many years; however, the facility now belongs to the
Town of Mead. Ms. Mika further stated modifications may be made to the applicant's handout so that it is
consistent with the graphic representation. In response to Mr. Woods, Mr. Barker stated the handout,
Minutes, February 27, 2006 2006-0586
Page 4 BC0016
marked Exhibit C,cannot be withdrawn from the record;however,the Board stated on the record that they
are disregarding the document. Commissioner Jerke moved to approve Ordinance#2006-1 on second
reading. Seconded by Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2006-1 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:05 a.m.
Isa",„4„ BOARD OF COUNTY COMMISSIONERS
t'`i 4 \ WELD C NTY, COLORADO
ATTEST: �/ if .If I, ��`"b' .%gal ,' {,J
� i %,y, �j M. J Gale, Chair
Weld County Clerk to the Boar, �11
�Ii �,/ EXCUSED
�:!fie David E. Long, Pro-Tem
BY: �. d1,l1 ��2
De ty Cle to the Boar. --L., ,j� ,
W .am H. Jerke
�
Robert D. asden
EXCUSED
Glenn Vaad
Minutes, February 27, 2006 2006-0586
Page 5 BC0016
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