HomeMy WebLinkAbout20001171.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 4, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, April 4, 2000, in the Weld
County Centennial Building, 915 10th Street, Greeley, Colorado. The meeting was called to order by
Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present
Gristle Nicklas Present
John Folsom Present
Jack Epple Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Lee Morrison, Assistant Weld County Attorney; Sheble McConnellogue, Trevor Jiricek,
Department of Public Health and Environment; Don Carroll, Diane Houghaling, Public Works;Julie Chester,
Anne BestJohnson,Sheri Lockman,Chris Gathman,Monica Daniels-Mika,Department of Planning Services;
Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on March 21,2000,
was approved as read.
CASE NUMBER: S-525
APPLICANT: Beebe Draw Farms/Jim Fell
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Sections 3,4,5,8,9,10,15,16 and 17, T3N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: PUD Final Plat for Beebe Draw 2nd Filing for 536 Lots
LOCATION: Approximately 6 miles east of the Town of Platteville; east of WCR 39 and south of WCR
38. For a more precise location, see legal.
Monica Daniels-Mika, Director of Planning Services, presented Case S-525 and stated that the Department
of Planning Services and the applicants were requesting a continuance until the June 6, 2000 Planning
Commission.
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 S-525 be continued to the June 6, 2000 Planning Commission. 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-538
APPLICANT: Charles Saxton and Don Sherwood / Hanover Subdivision
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Located in the SE4 of Section 7, and the NW4 of Section 17, and the N2 of
Section 18,T2N, R68W of the 6th P.M.,Weld County, Colorado. For exact
location, please call the Department of Planning.
REQUEST: PUD Change of Zone on 430 acres located in the Mixed Use Development Area.
LOCATION: North of and adjacent to WCR 20-1/2; east of and adjacent to WCR 1.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 2
Monica Daniels-Mika, Director of Planning Services, presented Case Z-538 and noted that the applicant is
asking for a continuance until the July 18, 2000 Planning Commission as they are working with the City of
Longmont to annex.
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 Z-538 continued until July 18,2000 Planning Commission. Cristie Nicklas
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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Milliken IGA
APPLICANT: Town of Milliken
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Milliken and Weld County.
Anne Best Johnson, Long Range Planner, presented the Town of Milliken IGA. The Department of Planning
Services is recommending approval of this application. Anne showed the changes to the IGA from previous
IGA's. These changes are as follows: the removal of Section 3.5 (iii) as it was redundant to previous
subsections and a time limit of 12 months for submitting a substantially similar request to the county after an
annexation has been denied by the town.
J.R. Schnelzer, Town of Milliken administrator, stated that the town worked on a comprehensive plan from
1995-1998, then worked on the Highway 34 corridor plan, where they started to develop the IGA with the
county. J.R.stated that the Urban Growth Boundary is limited to where the town will be able to provide sewer
and water.
Arlan Marrs asked about the areas serviced by Little Thompson water, which is not mentioned in the plan.
J.R. stated that they are finalizing an agreement that is just verbal now where each water provider will keep
their current customers.
Bryant Gimlin asked if the property owners in the affected areas were aware of this proposal. J.R.stated that
the owners were notified of public meetings in the paper, as well as notices mailed to the property owners,
even some phone calls. J.R. further stated that they had received no negative responses to the proposal,
John Folsom asked if an agreement had been made with Johnstown concerning the boundary between the
two towns. J.R. stated that WCR 19 was a verbal agreement, that this IGA will set the precedent for
Johnstown's UGB.
Fred Walker questioned J.R. concerning a gravel pit application that was denied, stating that the town had
made some requests upon the site to keep it from being mined. J.R. stated that the land owners had been
given some requirements for the site in order to approve, but that anyone who wished to buy the land and
mine it would have the same requirements placed upon the application. Fred stated a dislike for the town
being able to affect land outside the city limits, while those property owners had no vote within that town.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom was concerned with the need for IGA's as there might be a citizen initiative that might change
these IGA's. Lee Morrison stated that even if the initiative does pass, there will be several years before any
affect begins to show.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 3
Jack Epple moved that the Intergovernmental Growth Agreement for Milliken be forwarded to the Board of
County Commissioners along with the Planning Commissions recommendation of approval. Stephen Mokray
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Arlan Marrs, no; Stephan Mokray,yes; Michael Miller, no;Jack Epple, yes; Bryant Gimlin,yes;
Cristie Nicklas, yes; Fred Walker, no. Motion fails.
Fred Walker excused himself from Case Z-536 as he is a member of the ditch company that flows through
the property.
CASE NUMBER: Z-536
APPLICANT: Robert L. Parsons - Skylark Ranch
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of AmRE-2357; Part of the SE4 & SW4 of Section 8, Township
7 North, Range 67 West of the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate.
LOCATION: Approximately 800' north of Hwy 14 and approximately 1/2 mile east of WCR 15.
Sheri Lockman,Planner,presented Case Z-536 and read it into the record. Sheri stated that the Public Works
Department and Colorado Department of Transportation had been working with the applicant concerning the
access. They have arrived at a solution which includes moving the lot lines of the existing recorded
exemptions. Sheri noted that Condition of Approval 1B was added.
Arlan Marrs asked why the access had to be changed. Diane Houghtaling, Public Works,stated that they felt
the access was too close to the ditch and could be a potential safety problem. John Folsom asked if there
would still be a school bus loading area, which Diane stated yes.
Robert Parsons, applicant, stated that his own residence will be on Lot 5 of this subdivision. Arlan Marrs
asked if it was going to be a problem to move the lot lines. Mr. Parsons stated that he owns both lots that
need the change and has been through the procedure before.
John Folsom asked if the applicant had too long of a cul-de-sac. Mr. Parsons stated that it is 25'longer than
the allowed 1500', but that he is looking to have that allowed as the fire district is going to have the pressure
it needs. John also asked if the ditch company had been notified. Robert stated that they were not notified.
Sheri stated that she had tried 5 phone calls to get a ditch company for the area, only to find it was the
incorrect company. The correct ditch company will be notified as a condition of approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Parsons asked if the Planning Commission could change the requirement on the cul-de-sac length.
Lee Morrison stated that the Planning Commission does not have the authority,but if the applicant could bring
information showing that the fire district is comfortable with the agreement being made, the Board of County
Commissioners has the authority to change that requirement.
Stephen Mokray moved that Case Z-536 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Michael Miller seconded the motion.
The Vice-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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Fred Walker returned to the panel.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 4
CASE NUMBER: USR-1260
APPLICANT: Jimmie L. And Sharon Wolfrum
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: S2NE4 of Section 10, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as
a use by right in the Industrial Zone District (Automotive Machine Shop) in the Agricultural
Zone District.
LOCATION: West of and adjacent to WCR 57 and 1/2 mile south of WCR 72.
Sheri Lockman, Planner, presented Case USR-1260. Sheri stated that the Department of Planning Services
is recommending approval.
Fred Walker asked if any of the work went on outdoors. Jimmie Wolfrum, Applicant, stated that he only
repairs engines after they have been taken out of cars, that the cars are not at the site. Mr. Wolfrum stated
that all his work goes on indoors.
Cristie Nicklas asked if he does work from advertising, garages, or walk-in customers. Mr. Wolfrum stated
that half is from commercial garages,the other half from referrals and walk-ins,though he expects his garage
business to go down with moving out of town. Mr. Wolfrum also stated that they are probably going to be
driving to town to pick up the engines to work on.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Arlan Marrs moved that Case USR-1260 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Cristie Nicklas 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1262
APPLICANT: James and Kristie Docheff
PLANNER: Chris Gathman
LEGAL DESCRIPTION: E2 SW4 of Section 14, Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Special Review Permit for Animal Feeding Operation (Dairy Cattle).
LOCATION: North of and adjacent to WCR 32, Directly north and east of WCR 9.5.
Chris Gathman, Planner, presented Case USR-1262. Chris noted that Condition of Approval 2J has been
added and that the second sentence of Development Standard 14 B will be deleted. The Department of
Planning Services is recommending approval for this case.
James Docheff, Jr., Applicant, stated that he and his wife have been running this dairy since 1987. The site
has been operated as a dairy since the early 1900's and the number of cows has increased through time from
about 65 to almost 200. Mr. Docheff stated that he wants to get the permit to keep within regulations and
allow for 800 cows.
John Folsom asked if there is sufficient land for the manure to be spread. Mr. Docheff stated that most of the
compost goes off site as there are few dairies in the area and the farms are looking for it.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 5
Cristie Nicklas asked if there has been discussion with the subdivision to the south of his site. Mr. Docheff
stated that it is a business subdivision and he has spoken with the owner some, but no comments either for
or against his proposal.
Brad Anderson of Envirostock, Representative for the applicant,stated that the permit will allow for regulation
of the dairy as well as adding a nuisance management plan. Mr.Anderson stated that with the added pasture,
there will be sufficient acreage for the stormwater and effluent on the site.
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.Anderson wanted to stated that the Condition of Approval#6 has been addressed and that they would like
the county to inspect the site before the Board hearing. Mr.Anderson also stated that he wants the pasture
area to be allowed to be compost as well if needed. Mr. Anderson asked if the wording on Development
Standard #14 could read "on site" in both B and C. Trevor Jiricek, Department of Public Health and
Environment, stated that a better wording would be"in the area under control of the property owner"in order
to allow for placement other than on the USR site acreage.
Jack Epple asked if there is a difference between Development Standards 14 and 19. Trevor stated that they
mostly spell out the agreement to the applicant and should both remain.
Brad Anderson also asked that there be no building permit required for shade stalls and free standing
structures. Discussion followed with the Planning Commission, Monica Daniels-Mika, and Lee Morrison
concerning this idea. It was decided that the permit only requires the necessary building permits, that the
Building Code covers this idea, not the Use by Special Review Permit.
Bryant Gimlin moved to insert "that is under control of the operator" at the end of the first sentence of
Development Standard 14 B and C. Cristie Nicklas 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Stephen Mokray moved to remove the words "try to" in Condition of Approval 2J. Mike 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, no; Stephan Mokray,yes; Michael Miller,yes;Jack Epple, no; Bryant Gimlin, no;
Cristie Nicklas, no; Fred Walker, no. Motion fails.
Discussion ensued concerning why the members did not chose to keep this Development Standard as written.
Arlan Marrs noted that as a commercial business,these people will already be paying a lot toward the schools,
this seems like a"nickel and dime"way to get money out of the applicants. Fred noted that the schools should
do their fund raising through a legal vote, not at a case by case basis for special applications. Lee Morrison
stated that as this is not a subdivision, there is probably no legal backing in the zoning ordinance, as this
condition is to apply only to subdivisions.
Cristie Nicklas moved to delete Condition of Approval 2J. Arlan Marrs 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 6
Arlan Marrs commented that he voted to remove this as it is a statute in place for subdivisions, not USR's.
He also noted that many of these new conditions seem to stay in all future USR's,that this is not worth setting
a precedent.
Michael Miller stated that he feels the requirement is not appropriate.
John Folsom commented that his vote is based upon the legal response.
Bryant Gimlin noted he agrees with the previous statements by fellow Planning Commission members.
Cristie Nicklas noted that the legal response changed her opinion of the legality of the condition.
Cristie Nicklas moved that Case USR-1262 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and amended Development Standards with the Planning Commissions
recommendation of approval. 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1261
APPLICANT: Heather Hathaway
PLANNER: Julie Chester
LEGAL DESCRIPTION: Lot A of RE-1806, Part of the S2 SE4 of Section 20, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Kennel.
LOCATION: North of and adjacent to WCR 6, west of WCR 17.
Julie Chester, Planner, presented Case USR-1261. Julie noted the addition of a memo with changes to the
Conditions of Approval and the Development Standards. Julie noted these changes are to allow the applicant
a chance to fulfill the recording of the permit, without the wait before recording the plat that these conditions
would require, such as the Geological Hazard Development Permit.
John Folsom asked why a Geological Hazard Permit is required if the engineer has already stated that the
area appears safe. Julie noted that the filing of the engineers report concerning the land is the main part of
the Geological Hazard Development Permit process. Stephen Mokray asked why the applicant is not building
right away. Julie noted that the applicant is going to build later(2001-2003)and will not run the business until
the proper buildings are constructed. John Folsom asked if the right-of-way on the plat will be sufficient. Julie
stated that it will be adequate when recorded.
Heather Hathaway stated that she has wanted to start a commercial boarding kennel for a long while and is
now being able to start the process. Ms. Hathaway stated her credentials and intent to not board any animals
until the buildings are built.
Michael Miller asked if this would be short term or long term boarding. Heather stated that it will be short term,
noting that the average stay is 7-10 days.
Sheble McConnellogue asked if there would be anyone using the residential bathroom before the outbuildings
would be built. Heather noted that no one will be using the bathroom in the house other than the residents,
as the boarding will not occur until the outbuildings are constructed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 4, 2000
Page 7
Stephen Mokray moved to adopt the changes proposed in the memo from Julie. 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Bryant Gimlin moved that Case USR-1261 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and amended Development Standards with the Planning Commissions
recommendation of approval. Cristie Nicklas 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; Jack Epple, yes; Bryant Gimlin,
yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 3:25 p.m.
Respectfully submitted,
Trisha Swanson
Secretary
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