HomeMy WebLinkAbout20011905.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution, along with changes to #2,3 and 7, be introduced for
passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
Case Number: Amended St.Vrain Sanitation District Boundary
Applicant: St. Vrain Sanitation District do Mark Peterson
Address: P.O. Box 908, Longmont, Colorado 80502-0908
Request: Amendment to the St. Vrain Sanitation District Service Plan
Legal Description: Various
Location: Various
be recommended favorably to the Board of County Commissioners for the following reasons:
Based on the review criteria set forth in 32-1-203 of the Colorado Revised Statutes the Planning
Commission recommends that this request be approved for the following reasons:
1. There is sufficient existing and projected need for the organized service in the amended service
area to be serviced by the proposed District. Southwest Weld County continues to be developed
at an urban pace and as such will continue to be enhanced by the municipal sewer provided by the
district.
2. The existing service in the area to be served by the proposed District is adequate for present and
projected needs. The commitment for participation in the regional drainage agency, as cited in a
letter dated June 15, 2001,from Mark Peterson, District Manager ensures that adequate regional
drainage will occur in this area.
3. The proposed District is capable of providing economic and sufficient service to the amended
service area within its proposed boundaries. The Planning Commission recommends elimination
of the requirement for the establishment of a Metropolitan District.
4. The area to be included in the proposed District has and will have the financial ability to discharge
the proposed indebtedness on a reasonable basis.
5. Adequate service is not or will not be available to the amended service area through the County,
other existing municipal or quasi-municipal corporations, including the existing special districts,
within a reasonable time on a comparable basis.
6. The proposal is in the substantial compliance with a master plan adopted pursuant to Section 30-28-
108, C.R.S.
7. The proposal will comply with the 208 Area-Wide Wastewater Management Plan. The Planning
Commission finds it is appropriate for the St Vrain Sanitation District to increase its maximum plant
capacity to 5.5 MGD as referenced in a November 1999 study conducted by Rothber,Tamburini and
Winsor. Further increase in the intensity of this use will require additional land use approval
including but not limited to an amendment to USR.
EXHIBIT
2001-1905 2)
3t. Via ..
RESOLUTION, ST. VRAIN SANITATION
Page 2
8. The creation of the proposed District will be in the best interests of the area proposed to be served.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
John Folsom
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Wendi Inloes, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 19th , 2001.
Dated the 191h June, 2001.
dudit
Wendi Inloes
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 2
Monica Daniels-Mika,Department of Planning Services,presented the revocation and explained the process
of the case before them and the uniqueness of the case. Ms. Mika went over the information in the packets
on the processes Mr. Easton has gone through. The Department of Planning Services is recommending that
Z-374, AmZ-374 and Z-464, be revoked and that USR-960 be vacated. Previously, Mr. Easton received
approval of a PUD Change of Zone,but due to the requirement to purse the PUD Final Plat within a three year
time frame, Mr. Easton has chosen not to pursue the PUD zoning. A non-conforming use has been
estabished on the property for an aeronautical agricultural airstrip,and this activity still exists and will continue
to exist. Mr. Easton has asked to recognize the historic use on this property, and vacate all other uses
returning the land back to agricultural zoning.
John Folsom asked if all the changes were taken out by Mr. Easton's father,and for revocaton reasons,does
Robert Easton has authority to make the current changes. Monica said that he did as he had been involved
with the cases, and is the current property owner.
Michael Miller asked what USR-960 was granted for. Monica Mika explained the proposed use was for air
aeronautic sdhool for the maintenance of airplanes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Easton stated he would like to change the use back to agricultural and continue the airport and agricultural
uses.
Michael Miller asked if other airplanes can land at this site,and if this was included under the non-conforming
use. Monica Mika stated yes it was included.
Michael Miller moved the revocation of AmZ-374, Z-374 and Z-464, and the vacation of USR-960, and
recommended the case be forwarded to the Board of County Commissioners along with the Planning
Commissions recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes;Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes; Cristie Nickles,
yes. Motion carried unanimously.
-- CASE NUMBER: Amended Boundaries For St.Vrain Sanitation District
APPLICANT'S NAME: St. Vrain Sanitation District/Mark Peterson
PLANNER: Monica Daniels-Mika
REQUEST: Amend St.Vrain Sanitation District Service Plan
LEGAL DESCRIPTION: Various
LOCATION: Various
•
Monica Daniels-Mika,Director,Department of Planning Services,presented the St.Vrain Sanitation District
Service Plan, reading the comments recommendation for approval into the record.
Bruce Barker,Weld County Attorney,added that along with amendment to the service plan,there are three
issues needing to be addressed:the increase in the capacity of the plant from 1.5 mgd up to 4.5 mgd, being
requested as an amendment; discussion regarding a drainage authority; and a modification to eliminate a
requirement for the population of 5000 people to be included into a metro district.
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obligations would t liability of the debt be put on the people in the district. Mr. Lawson explained that the
district does have some general obligation debt, and when the district was created, there was an election 01
of all landowners in the district. The members assume debt on their property in order to create the money =
to allow a metropolitan sewer/water system. The debt has been refinanced a few times and each W
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 3
time financial advantage has been decreasing the debt. The debt is becoming diluted as the assessed
valued base becomes larger and larger. The service plan was developed in 1985 and approved in 1986.
A modification of the plan later deleted many acres taken by another sanitation district. Mr.Lawson stated
that with Firestone, Frederick, Mead and Longmont annexing into district and the communities picking up
safety and road responsibility within their cities, the Weld portion of the district is becoming smaller and
smaller. The second criteria as written requiring the plan of the expansion of the waste water treatment plant
from a half million gallons to a million and a half gallons. Originally the district obtained enough land to do
this in a rural type function, but since then have experienced tremendous growth that a million and a half
would not be enough and would soon be a three million if not more. So the amendment of the service plan
was for 3 pods with the capacity of a million and a half gallons each. By 2002 the district will exceed state
requirements and needs to move to a 3 million gallon plant.
Mr. Lawson than explained on a map the boundaries of the district that will be served.
John Folsom asked Mr. Lawson about a letter he acquired from the City of Longmont, and their objection
on the capacity of the plant. Mr. Folsom read this into the record. Bruce Barker added that this letter could
also be talking about a different proposal, and that Longmont may have different comments. Mr. Lawson
explained that the letter was a reply to a comment on a Site Plan Review by the North Front Range Water
Quality Planning Association and was founded without merit.
Monica Mika provided clarification that the City of Longmont has not yet commented, but will forward
comments to the Board of County Commissioners as they were not able to get comments in time due to the
quick turn around time, but did speak to them verbally on the phone.
Mr. Lawson went on to explain the storm and surface drainage. Title 32 for sewer districts has a provision
that a sewer district can be both a sanitation and a storm sewer provider. In the regional service plan it
allows this to happen in the future, but have not done so as of today.
Stephan Mokray asked how the storm water effects the disposal system. Mr.Lawson explained that storm
water has not been a problem,and they have more problems with irrigation water. Mr.Mokray asked if they
were processing the storm water into the disposal plant. Mr. Lawson said they are not as it is a separate
system, and it currently is flowing down the natural channels into storm water detentions.
Cristie Nickles asked about the storm and surface agreement in the application, and the involvement with
working with other entities. Specific things about the services area,functions,and operating principles may
be why there are letters of objection. Mr. Lawson explained that they have ran into things that were not
intended.
Mr. Lawson referred to the City of Dacono and their concern about two properties on the border with a
portion being in Dacono Sanitation and a portion in St.Vrain. One of these has been completely resolved
and the other is currently working on an Intergovernmental Agreement to resolve issues in the future. Other
comments address storm water issues that have yet to be done.
Bruce Barker asked to clarify what the points on the amendment should be,with the first being with respect
the metro district,and the request is to drop the condition all together. The second is to increase the plant
from the current 1.5 million to 3.0 to 4.5 with lagoons having the capacity up to five with the capacity of 5.5.
The third is to modify the service area to add the pink area as indicated on the map, and delete the yellow.
The last issue concerning the drainage by changing the language from may provide to will provide, as
requested by Mr. Lawson.
Mark Peterson,Manager of the St.Vrain Sanitation District,who had prepared a letter that he read into the
record, accordingly he explained that the group chosen from each entity to represent the district will make
the decisions.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 4
Arlan Marrs asked Bruce Barker if he is recommending changing the language from may provide to will
provide. Mr. Marrs expressed concerns that this would the other entities look at this to say that it is the sole
responsibility of the district instead of leaving may to be more of a cooperative effort. Mr.Lawson said what
they were trying to do with the service plan is to describe the will and how they will go about it, and they are
comfortable with this as the Board of Directors is committed to do whatever is required.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tony Onorato, representative for the Tri-Area Sanitation District, said that this application was submitted on
March 27, and received on June 4, and does not feel the seven days allotted was enough time for adequate
review. Mr. Onorato also said that although it is stated that St. Vrain agreed to be part of the agency or
authority, there objectives exclude the Tri-Area basin. Their service area overlaps the Tri-Area basin, and it
is unclear if St. Vrain is including them as a agency or authority. By this application they are accepting
operation of maintenance responsibility which conflicts the nature of the authority agreement under
consideration. The Tri-Area District disagrees with the statement on page 15.f.that states adequate service
will not be available to the amendment service area within a reasonable time. They have not objection to
boundary amendments, but object to the inclusion of the storm water component. They believe the
acceptance of the storm water components page 12-16, may conflict with the formation of the authority that
the various communities special districts in this area and Weld County have spent time and expenditures on.
Mr. Onorato asked that the decision on this portion of the application by delayed or the portion of the storm
water by deleted.
John Folsom asked Mr. Onorato if the presentation by St. Vrain would change his comments, Mr. Onoroto
said it would not.
Mr. Lawson than read into the record the first sentence of the section regarding participation of the St.Vrain
Sanitation District of the storm drainage program.
Monica Mika explained the timing'for referrals is different from most land use applications with 45 days, but
this case is different as it falls under a 30 day time period.
Michael Miller asked how long it would be before the Board of County Commissioners will hear this case.
Bruce Barker said that the case will go to the Board on June 27'"for a setting, and heard on July 25'"
Monica Mika clarified in staff comments that the Colorado Revised Statutes criteria was listed for review and
approval. Additional comments based on suggestions can be added in relationship to plant capacity and
intensity standards. It is unclear whether Planning Commission must make a recommendation on the 5000
population base or wait to bring this issue up in front of the Board of County-Commissioners.
Bruce Barker said that the request was to get rid of this requirement all together,and has been discussed with
the District and Sheriffs's department, and the law has since changed, and it has been clarified that the
provision of law enforcement services by a metropolitan district is not what was being considered and it was
providing safety equipment for roads and highways. In the past few years the Road Impact Area takes up a
large portion of the area and the roads are being addresses through this program. The area itself is also
being substantially annexed by Longmont,Frederick,Firestone and Dacono and at the time this plan went into
effect, could not have projected the annexations that have occurred. Mr. Barker said that it could either be
eliminated or put it off and discuss options with the district.
The following additions were made to the staff comments:
2. The existing service in the area to be served by the proposed District is adequate for present and
projected needs. The commitment for participation in the regional drainage agency, as cited in a
letter dated June 15, 2001, from Mark Peterson, District Manager ensures that adequate regional
drainage will occur in this area.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 5
3. The proposed District is capable of providing economic and sufficient service to the amended
service area within its proposed boundaries. The Planning Commission recommends elimination
of the requirement for the establishment of a Metropolitan District.
7. The proposal will comply with the 208 Area-Wide Wastewater Management Plan. The Planning
Commission finds it is appropriate for the St Vrain Sanitation District to increase its maximum plant
capacity to 4.5 MGD as referenced in a November 1999 study conducted by Rothber,Tamburini and
Winsor. Further increase in the intensity of this use will require additional land use approval
including but not limited to an amendment to USR-766.
Arlan Marrs moved that.the Amendment to the boundaries to the St. Vrain Sanitation District, along with
changes to Conditions #2, 3 and 7, be forwarded to the Board of County Commissioners along with the
Planning Commissions recommendation of approval. Stephan Mokray seconded the motion.
John Folsom commented that he has two concerns that he hopes St.Vrain can come to an agreement with
the other jurisdictions in the Boulder Creek drainages,and that each participate in discharging there effluents
into those creeks for the betterment of all the communities. Also,in regard to drainage,which is a cooperative
effort between various jurisdictions. that they do not limit their participation only to the Godding Hollow
drainage but participate in the Tri-Area drainage.
Bryant Gimlin commented that when the language is changed on#7,that for the service agreement it provides
for a greater number beyond the 4.5 MGD, so long as they modify there USR.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cristie Nicklas,
yes. Motion carried unanimously.
CASE NUMBER: USR-1337
PLANNER: Sheri Lockman
APPLICANT: Lost Creek Land and Cattle Company/TowerCom
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a
Public Utility (Communication Tower) in the A(Agricultural) Zone District
LEGAL DESCRIPTION: Part of Section 32, Township 3 North, Range 62 West of the 6th P.M.,
Weld County, Colorado
LOCATION: North of Interstate 76 and east of Weld County Road 386
Sheri Lockman, Department of Planning Services, requested that Case USR-1337, be continued to the
August 7, 2001, hearing date, so that the applicant has time to propose alternative sites.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephan Mokray moved that Case USR-1337, be continued to the August 7, 2000, hearing date. Michael
Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nickles, yes. Motion carried unanimously.
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