HomeMy WebLinkAbout20041516.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 4, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin '
John Folsom )
c
Stephan Mokray
James Rohn
Bruce Fitzgerald
r'
Chad Auer 1
Doug Ochsner ..
Tonya Strobel rJ
Also Present: Michelle Katyryniuk, Kim Ogle, Don Carroll, Peter Schei, Wendi Inloes, Chris Gathman, Char
Davis, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on April 6,2004,was
approved as read.
The following cases are Continued:
CASE NUMBER: USR-1466
APPLICANT: Francisco & Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing;being part of the E2 of Section 33,
T8N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts (a construction business) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19.
Michelle Katyryniuk,Department of Planning Services,read a letter requesting a continuance to June 1,2004.
The continuance will address issues in staff comments.
CASE NUMBER: USR-1455
APPLICANT: Mineral Reserves Inc./Lafarge West
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mining in the
A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 20 '/: ; approximately 1/4 mile west of CR 7.
Chris Gathman, Department of Planning Services, read a letter requesting a continued indefinitely. This will
allow the applicant to finalize the ditch design.
- CASE NUMBER: USR-1465
APPLICANT: Donald Wroblewski
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 17 of Vantage Acres#1; part of the SE4 of Section 17, T1 N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
5- 4 2004-1516
permitted as a Use by Special Review, (Home Business, parking of trucks
and trailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Vantage Road;approximately 1/4 mile west of CR
41; approximately 1/4 mile north of CR 8.
Chris Gathman, Department of Planning Services, read a letter of continuance to May 18, 2004. This will
allow for appropriate notification.
Bryant Gimlin asked if the May 18 meeting was overloaded and Planning Commission was intending to start
at 10:00am in order to finish. Mr. Gathman stated it was a busy hearing,the issue is this case was originally
scheduled for the April 20 hearing. The newspaper notification was not posted in sufficient time.
James Rohn moved to continue the case to June 15, 2004.
Michael Miller asked Mr. Gathman if this was a possibility. Mr. Gathman indicated that the applicant would
need to be agreeable to moving it out two months. Ms.Hatch would need to be made aware of this. Mr.Miller
asked Mr. Morrison if it was within Planning Commission ability to move a case this far in advance. Mr.
Gathman indicated that it could be continued again at the May 18 hearing. Mr. Folsom asked what basis it
could be continued at that time. Mr.Gathman indicated possible case overload,but typically continued cases
go at the beginning of the hearing.
Michael Miller indicated he is in favor of moving the case into June but wants to make sure it is within the legal
time frame for hearing a case. Mr. Morrison stated there is no requirement for time frames like other land
uses.
James Rohn restated his motion to move the case to June 15, 2004. Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no;Stephan Mokray,yes; Michael Miller, yes; Bryant Gimlin,yes;Tonya Strobel,yes; James Rohn,
yes; Chad Auer, no; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried.
Dough Ochsner commented that he would like to hear the case since the applicant has been put off due to
an error. If it needs to be continued he would rather continue another case.
John Folsom indicated this case would be processed pretty promptly.
CASE NUMBER: 2004-XX
APPLICANT: Resource Colorado Water&Sanitation Metropolitan District
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C of RE-2066; being part of theNW4 of Section 34, Ti N, R63W of the
6th P.M., Weld County, Colorado.
REQUEST: Service Plan for Resource Colorado Water & Sanitation Metropolitan
District.
LOCATION: South of and adjacent to CR 4; east of and adjacent to CR 67.
Kim Ogle,Department of Planning Services,read a letter requesting a continuance to June 1,2004. This will
enable the applicant to address concerns placed on the by Don Warden, Chief Financial Official Officer.
The following is on the Consent agenda:
CASE NUMBER: USR-1471
APPLICANT: Robin Thomas
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Lot B, RE-3312;being part of the S2 NW4 of Section 5, T7N, R65W
of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for three (3)
radio communication transmission towers over seventy feet in height(183')
in the A(Agricultural)Zone District.
LOCATION: 1/4 mile south of CR 86 and 1/4 mile east of CR 39.
CASE NUMBER: USR-1468
APPLICANT: Scott& Nancy Vermilyea
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot B of RE-3166; being Pt of NW4 Section 3, T6N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a single
family dwelling unit(other than those permitted under Section 23-3-20A)in
the A(Agricultural )Zone District.
LOCATION: East of and adjacent to CR 43; approximately 1/2 mile south of CR 76.
CASE NUMBER: MF-1017
APPLICANT: Jeff Stamp
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B, Corrected RE-2462; part SW4 Section 36, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plan for nine (9) lots with E (Estate)Zoning.
LOCATION: North of and adjacent to CR 38; 1/2 mile west of CR 13.
John Folsom indicated that this case has been approved by Planning Commission.
Bryant Gimlin moved to approve the Consent Agenda. James Rohn seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer,
yes; Tonya Strobel, yes; Doug Ochsner, ; Bruce Fitzgerald, . Motion carried unanimously.
The following cases will be heard:
CASE NUMBER: 2AmUSR-552
APPLICANT: Duke Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A(Agricultural)Zone District
LOCATION: %]mile north of CR 64, 1/4 mile west of CR 43.
Kim Ogle, Department of Planning Services presented Case 2AmUSR-552, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked if there has been any complaints regarding noise at the existing facility. Mr. Ogle
stated there has been nothing received. There have been two telephone calls from surrounding property
owners who wanted to know about the application and the facility. Mr. Ogle indicated that one call was
concerning expansion of the facility while the other was for general information for a mineral owner.
James Rohn questioned the need for Condition of Approval #5 regarding special review activities. This
activity is occurring on site currently. Mr. Ogle stated that staff is asking the applicant to get their
Certificate of Occupancy prior to completion of their on site improvement.
John Folsom asked Char Davis about the noise level being rated Industrial when the surrounding area is
agricultural. Ms. Davis stated that the residences within the surrounding area was taken into
consideration but this use is an industrial use and that is why the industrial level was determined.
Lee Morrison stated there is no standard noise levels for agricultural uses.
Tim Clancy, applicants representative, provided clarification on the facility. The only change to the facility
will be the construction of a building cover an existing compressor.
John Folsom asked if they will be installing new compressors. Joe Kuchinski, Asset Manager for Duke
Energy, stated there will be no installation of new compressors. Mr. Folsom asked if the enclosure will be
insulated and if there are mufflers on the compressors. Mr. Kuchinski stated that the enclosure is for
weather protection over instrument air compressors and there are mufflers on the existing compressors.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephen Mokray moved that Case 2AmUSR-552, be forwarded to the Board of County Commissioners
along with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer,
yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: MZ-1053
APPLICANT: Jeff Couch/Carlson Revocable Trust
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B 2amUSR1873; pt of NE4 Section 8, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from (A)Agriculture to (E) Estate for a 9 lot Minor
Subdivision (Prairie Ridge Estates)
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17
section line.
Sheri Lockman, Department of Planning Services presented Case MZ-1053, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
James Rohn asked if this should be more of an urban area. Ms. Lockman stated it was a judgement call,
technically this application is not adjacent to any PUD or subdivisions. The regulation indicated you must
be adjacent to be considered urban. Mr. Rohn asked if the roads should be paved roads due to the
amount of development in the area. Mr. Rohn continued with a question regarding rather there should be
a Development Standards that would require the applicant to attach to public sewer if the availability is
there? Ms. Lockman stated the applicant has contacted Boxelder Sanitation District and there is a letter
addressing the concern in the packet. Boxelder Sanitation District has indicated it will be a while before
sewer is available in the area. Ms. Lockman stated that the size of the lots may make it not financially
feasible to obtain public sewer. Another concern is that once a buyer has spent the money installing a
septic system it would be unfair to force them to attach immediately. If the site did become within 400 feet
of a public system and Boxelder Sanitation District was willing to service, there would be no repair permits
issued to the systems or any new systems.
John Folsom asked about the letter from the Poudre Fire Authority(PFA)stating a dead end street cannot
exceed 660 feet. Is there any provision for turn arounds? Ms. Lockman indicated an emergency access
is planned. There is also a condition that there must be final approval of the emergency access at the
Final Plan stage of the process.
Peter Schei, Public Works, indicated that minor subdivisions are not required to pave the internal roadway.
The current vehicle count at CR 84 is 119 vehicle trips per day and this development will add 86 trips. The
area is approaching the 200 vehicle trips, at that time the County would look at the area and look at paving
for that stretch. Public Works is asking the applicant to participate in dust mitigation for the area. Mr.
Rohn asked if an improvements agreement could be entered into to put money aside for paving in the
near future? Mr. Schei stated he does not believe that is possible because the threshold of 200 vehicles
has not been reached. When the threshold has been exceeded then the paving option will be reviewed.
The surrounding area is reviewed and the proportionate share will be expected when the threshold is
reached.
John Folsom asked Ms. Lockman if the secondary access is acceptable to PFA. Ms. Lockman stated
there is a Condition that the applicant may have to add a sprinklers at Final Plat, depending on the review
from PFA. Ms. Lockman indicated that on the map there is a secondary access noted. Mr. Folsom asked
about the prime farmland and the land not being farmed. Ms. Lockman stated the water was not included
in the application but there is some available. Mr. Folsom quoted from the code with regards to possible
discrepancies in language regarding prime farm ground. Mr. Miller added that the conflict with prime farm
ground is something that is seen on every subdivision that passes through the department. Ms. Lockman
stated this is an area with many proposed developments. Mr. Rohn stated that the area is becoming
urbanized. Mr. Fitzgerald stated that as the land value prices rise the economic recovery from agriculture
uses is not as effective as residential. Mr. Rohn would like to see the area considered more of urban with
infrastructure with both Severance and with Weld County.
Michael Miller clarified that the letter from PFA indicates that all structures beyond 660 feet must be
sprinklered if a second point of access could not be provided.
Jeff Couch, applicants representative, provided clarification on the project. Mr. Couch indicated there will
be another access for PFA located south through the site connecting to CR 17. The secondary access
will be to a higher standard than the local roadway. Mr. Couch added that if a home is farther than 400
feet from a hydrant the home must be sprinkled anyway. Most of the homes will contain sprinklers when
completed. There are various water lines in the site for connectivity to other water districts and future
developments. The access to the site is approximately 3/4 of a mile of gravel road. Stabilization will be
done for the road and is also being addressed with Public Works. The applicant has addressed the
concerns from Severance. This application could not connect into the future sewer lines of Boxelder
Sanitation due to topography and the financial burden would be immense. There is one share of North
Poudre Irrigation that will go to the HOA. This will allow for the parcel to irrigate historically. The
agricultural use is not feasible since there is not enough water for the site. There are 10 tracks that are 10
acres in size. The character of the area will not change, the lots will be large enough for animals.
Doug Ochsner asked about a letter from North Poudre Irrigation concerning the right of way and being
able to get an agreement. Mr. Couch stated that an agreement will not be a problem and neither will the
right of way for ditch access. The covenants will address the concern of possible fencing.
James Rohn asked Ms. Lockman about various zone districts in the area in accordance with the
subdivisions. Ms. Lockman stated that Skylark Ranch is Estate, Remington Place is Estate and Black
Hollow Estates may be Agricultural.
Michael Miller stated that one share of North Poudre water will not be able to water the entire property due
to the acre feet allotted to a share. George Carlson, owner, indicated that the one share will give the
owners the opportunity to lease more shares of water from North Poudre. Mr. Miller stated there must be
one person as a contact for the HOA. Mr. Carlson indicated he will be the owner and speak for the water
shares until the HOA is established. Mr. Miller questioned several owners with shares of water and who
will be delivering to those owners. Mr. Couch indicated that anything regarding irrigation or water will have
to go through the HOA, rather it be purchased or leased. The covenants will address this concern of one
person being a spokesperson for the HOA. The ditch company will deliver the water to the headgate and
it will be the spokespersons responsibility to get the water to the appropriate user. Mr. Millers concern is if
some owners rent water and others do not, the entire group is paying for a spokesperson to deliver to one
person.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Barbara Douglas, neighbor, asked for some clarification regarding the roads and dust control. The
increase in traffic on CR 84 will be a concern. The density is a concern but they are not against the
development. The topography of the land is a slope to the east. Ms. Douglas has some questions on
fencing and the building covenants. Boxelder Sanitation District will not be done anytime soon. There is a
concern over individuals moving from a urbanized area to a rural area and all the aspects of it.
Shawn Waterway, neighbor, asked about the ridge and there being a blind access to the site. Mr.
Waterway would like this mitigated by staff in some possible way.
Peter Schei, Public Works, stated that a field site visit would need to be done and a determination if there
is enough site distance. Also some investigation on accidents can be done. Mr. Waterway expressed his
concern for the access from CR 17 to Hwy 14 which is a secondary access. Mr. Miller stated this access
will not be a primary access, the primary access is on CR 84 east of the access. There will need to be
more information regarding the accidents and access site distance at the Board of County Commissioners
hearing.
The Chair closed public portion
Jeff Couch, representative, provided clarification on the fencing and covenants with regard to buildings.
The idea for the covenants will set the materials and size of the buildings, out structures, limits on animals
and number of structures. There will be requirement of the homes with regard to size and those homes
will be above average. There is a rough draft of covenants and the final draft will be submitted at final.
Fencing will be done by a certain type and they will be uniform for the area. The rural character of the
area will remain intact. Mr. Miller asked about the North Poudre Irrigation letter addressing vinyl fencing.
Mr. Couch indicated that the fence is expensive. The emergency access is gaited and will be only used by
PFA. There is a hill to the east of the site and the applicant has created a drop off area for buses and
mail.
Peter Schei indicated that the stopping distance is 500 feet at 55 mph. This is a distance of 1000 feet. The
site distance is fine but the speed is the issue, signs can be installed. Mr. Couch added that the lots are
designed to be away from the ridge and arranged for the best visual, drainage and irrigation. There is
existing structures on site and they will be part of one lot. There is a garage, main structure, mother-in-law
house and barn.
Sheri Lockman asked for clarification on the mother in law house. Mr. Couch stated that there are four
main structures, a main house, garage, shop and a residence. It was a structure that has been there and
next to this is a barn. At one time the intent was the farm workers would live there. Ms. Lockman stated
that this structure will need to be investigated to determine if it is a legal second residence. Ms. Smith has
also indicated that there is only one septic system for the site. Mr. Couch indicated that there is one well
for both.
Chad Auer moved to amend the language in C 25 to state Poudre Fire Authority. Doug Ochsner
seconded. Motion carried.
James Rohn asked Mr. Schei about rather the access roads are existing? Mr. Schei stated that the main
entrance is an existing access to the existing buildings and agricultural parcel. Mr. Rohn asked about the
emergency access. Mr. Schei stated that is a shared easement under a different application.
Michael Miller asked Mr. Schei about the condition of CR 84 and there is nothing in this application that
will upgrade the road. Mr. Schei stated stabilization is being asked for. Mr. Schei added that in 2004 CR
84 is on the County gravel plan and will get new gravel.
James Rohn asked about the number of shares of irrigation water that were on the farm when it was
farmed. Mr. Carlson indicated that there were originally 40 shares.
Doug Ochsner moved that Case MZ-1053, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya
Strobel, yes; Chad Auer,yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
James Rohn commented that"after reading through Section 24-3-60.1 -what we have to deal with for this,
knowing the growth rate around here, I would have preferred to have seen this come through as a PUD
request rather than a estate zone."
Doug Ochsner commented he does feel that this fits the area perfectly. It keeps the rural heritage with the
size of lots and not being paved. The applicant and land owners have done a good job.
John Folsom commented that"I am voting yes with the full knowledge that 24-3-60.1.2 states that
provisions have been made to preserve prime agricultural land and in the same Section 16 of the
subdivision will not have any undue adverse affect on the preservation of agricultural land and 22-2-60 A
goal 1 - serve agricultural land for the agricultural purposes which will foster the economic health and
continuance of agriculture. It is just a statement again that there is a conflict in the code."
Meeting adjourned at 3:45pm
Respectfully submitted
Voneen Macklin
Secretary
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