HomeMy WebLinkAbout20001210.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 18, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, April 18, 2000, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue, Greeley,Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present I •
John Folsom Present
Jack Epple Absent
Michael Miller Present _ ,
Stephan Mokray Present -.
Arlan Marrs Absent ,�
Bryant Gimlin Present —
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Also Present: Lee Morrison, Weld County Assistant Attorney; Don Carroll, Diane Houghtaling, Weld County
Public Works; Sheble McConnellogue, Pam Smith, Troy Swain, Weld County Department of Public Health
and Environment;Chris Gathman,Julie Chester,Sheri Lockman,Kim Ogle,Department of Planning Services;
Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on April 4, 2000,was
approved as read.
CASE NUMBER: USR-1259 (Continued from 3-7-00)
APPLICANT: Mobile Pre-Mix Concrete, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the W2 of Section 19, Township 1 North, Range 66 west of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining
along with Concrete and Asphalt Batch Plant in the (A)Agricultural zone.
LOCATION: West of and adjacent to SH 85, north of and adjacent to WCR 6.
Sheri Lockman, Planner, presented Case USR-1259 and stated that the applicant and the Department of
Planning Services is asking for a continuance until June 6, 2000 in order for the applicant to supply the
information requested by the Department of Planning Services.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Stephen Mokray moved that Case USR-1259 be continued until June 6, 2000. Michael Miller 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;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: USR-1263
APPLICANT: Tracy Wright
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes; E2 of Section 5, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review for vehicle restoration as a home business.
LOCATION: West of WCR 5 and south of SH 52.
Chris Gathman, Planner, presented Case USR-1263 and read the recommendations into the record. Chris
stated that the Department of Planning Services is recommending approval. Chris stated that there have
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 18, 2000
Page 2
been a few changes to the conditions as follows: page 3, 2 B is revised to refer to home occupation not
industrial use, page 4, 2 B requests an individual sewage permit prior to recording of the plat, page 4, 2 E
Public Works requests evidence the fence be relocated outside the Right-of-Way, page 4, 2 F requiring
application and approval of a Geologic Hazard Development Permit. Chris also noted the addition of
Development Standard#9 stating that the facility utilize the existing septic,Development Standard#17 stating
the applicant utilize the existing access,and Development Standard#18 stating no staging storage or parking
of vehicles along Mountain View.
Cristie Nicklas asked why there were two differing conditions and standards concerning a new septic system
and the existing septic system. Sheble McConnellogue,Department of Public Health and Environment,noted
that Development Standard #9 should be amended to incorporate "domestic purposes", to cover the two
systems that will be on the site. John Folsom asked in the leach field will be accepting the paint and other
waste. Sheble noted that there is a waste management plan that will address this issue. Michael Miller asked
whether or not this was a hobby or home business. Chris stated that this is a home business.
Tracy Wright, Applicant stated that he has been looking to do this type of hobby for years and now has the
opportunity. He noted that the paint and solvents will be discarded into a separate tank and then disposed
of off site. Michael Miller asked if this business is a hobby or commercial. Tracy stated that he does this as
a hobby but works on cars for friends and neighbors. Tracy further stated that it takes about a month or more
per car and that he deals with trade between friends.
John Folsom asked the applicant if he had worked with Mountain View Fire concerning the pole barn
conforming with their requirements. Tracy stated that he will only be doing body work, not mechanical and
he can get his building to the correct fire and building code for that use.
Tracy stated that all the neighbors along the block have their fences along the same line and that his fence
was there when they bought the home. Mr.Wright asked if they could just add a note that he was aware that
his fence will have to be moved when or if Public Works decides to widen the road along that fence line. Don
Carroll, Public Works, stated that they would be okay with that as long as the property owners is notified of
this possibility. Lee Morrison noted that the other property owners along the same block should be notified
by Public Works as they now have the opportunity.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
Ellen Frozen, a property owner to the east spoke concerning the change to the quality of life in the
neighborhood if this application is approved. She had some concerns which included the hours of operation,
the fumes,noise,and property values. Mike McKim,a neighbor to the northeast noted that he is not opposed
to the business in the area and has never had any problems with fumes or noise at night.
Cristie Nicklas moved to include the words "for domestic use only" in Development Standard #9. Bryant
Gimlin 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;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
Cristie Nicklas moved that Development Standard #24 state "The fence located within the right-of-way of
Mountain View Avenue be relocated outside of the right-of-way upon widening of Mountain View Avenue or
at the request of Public Works". Michael Miller 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;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
Discussion concerning the fumes ensued. Troy Swain, Department of Public Works, noted that the amount
allowed was 20%opacity and the odor standard is 7:1. Troy further noted that the applicant has been notified
of changes that may occur to his reporting requirements if he goes over 150 gallons.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 18, 2000
Page 3
Bryant Gimlin moved that Case USR-1263 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and amended Development Standards 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,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: Z-539
APPLICANT: Katherine Oliver/Meadow Vale Farm, Phase II
PLANNER: Anne Best Johnson
LEGAL DESCRIPTION: Part of the SW4 of Section 4, Township 2 North, Range 68 West of the 6'h
P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone.
LOCATION: North of and adjacent to SH 119; east of and adjacent to WCR 5.5.
Anne Best Johnson, Planner, presented Case Z-539 and read the recommendations into the record. Anne
noted the addition of exhibits 30 and 37-41. Anne stated that there have been some additions and deletions
to the preliminary comments, including additions to the Conditions of Approval on pages 8, 11,and 14 as well
as a deletion on page 9. Anne stated that the applicant submitted a Specific Change of Zone application.
Sketch Plan comments were clear in indicating that the applicant must follow the PUD Development Guide
components for the Change of Zone application. The Department of Planning Services and Public Works
have concerns regarding Section 6.3.2.2.1.7 and 6.3.2.2.1.6 of the PUD Ordinance. These specific
requirements have been addressed through Condition of Approval in this Change of Zone application.
However, the Department of Planning Services will make a recommendation to the Board of County
Commissioners that the application come before the Board of County Commissioners for Final Plat approval
as is required through the Conceptual option. The applicant's representative was contacted concerning this
request. The Department of Planning Services is recommending approval of this application.
John Folsom asked if Public Works is still comfortable with the access. Diane Houghtaling, Public Works,
stated that public Works is comfortable with the access. Fred Walker asked if the lake area is included in the
68% of Open Space. Anne stated this is included in the Open Space calculation.
Bruce Hendy of BHA Design, Representative for the applicant, stated information concerning the amount of
Open Space, the wetlands, the dedication of land for a library branch office, and a possible trail head on the
property. Mr. Hendy also noted that the mining to the east of the property is on land owned by the applicant
and that the mining will be completed within a year and reclamation started.
Questions concerning the use of the lake and transfer of the land for a library branch ensued, with mention
made of changing the wording in Condition of Approval #22 L.1 from dedication to reservation and #22 C
concerning the buffering of only the north side of the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas moved to change Condition of Approval#22 C to read as follows:"An opaque screen between
adjoining property to the north to avoid conflict of uses as outlined in MUD Section 2.6.2."and change the
wording of the first sentence of#22 L.1 to read as follows: "The site specific development plan is for a PUD
change of zone from agricultural to PUD Single Family Residential, Weld County Library District building site
and open space dedication, Civic Use and trail reservation indicated in the application materials on file in the
Department of Planning Services and subject and governed by the Conditions of approval and stated heron
and all applicable Weld County Regulations." Michael Miller 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;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 18, 2000
Page 3
Cristie Nicklas moved that Case Z-539 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval 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,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: Z-540
APPLICANT: Jim and Bonnie Bates
PLANNER: Julie Chester
LEGAL DESCRIPTION: Lot B of AmRE-2279; being part of the NE4 of Section 33, Township 7
North, Range 66 West of the 6th P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for five residential lots with approximately two
acres of open space.
LOCATION: West of and adjacent to WCR 31; South of WCR 76.
Julie Chester, Planner, presented Case Z-540 and read the Planning Department's recommendations into
the record. The Department of Planning Services is recommending approval of this application.
John Folsom asked if this was considered large enough to need to be adjacent to an urban area. Julie stated
that if a subdivision is 5 lots or less, it does not have to be adjacent to an urban area and services.
Jim Bates, Applicant, spoke concerning his application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jim Bates,Applicant, stated that he did not want to place the septic envelopes requested by the Department
of Public Health and Environment on page 5,#2 C. He stated that to place these envelopes on the plat would
limit the buyers as to placement of their homes. Pam Smith, Department of Public Health and Environment,
stated that this was requested as the soils were poor and would require a backup septic field and engineered
septic systems. Discussion followed concerning the placement of these envelopes limiting the use of a lot
and discussion on different size homes requiring different systems. Discussion centered on possibly recording
these easements after they are approved by the Department of Public Health and Environment at the time
of application of a septic permit.
Mr. Bates also disagreed with his property being in the Road Impact Fee area, which Julie stated that the
property is within this area and that homes even a mile away from the area can be impacted if they access
onto a road located in the Road Impact Fee area. Mr. Bates wanted to ask if letters would be acceptable
concerning the non-conflict of the road name as well as information concerning the agreement made with the
Larimer Weld Irrigation Company concerning the trail. Julie stated that letters would be acceptable for these
requirements. Discussion covered the relocation of the trial into the internal road easement. Diane
Houghtaling, Public Works, stated that as long as the trail would not interfere with future changes to the road
and that the Homeowners Association was notified of the possibility of tearing this up to improve the road,this
trail move would be acceptable.
Michael Miller moved that Condition of Approval#2.C be deleted and#3.F.#2 be added to state"Primary and
secondary leach fields shall be approved by the Weld County Department of Public Health and Environment
at the time of septic permit approval and the easements recorded."and subsequently renumbered. Stephen
Mokray 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; Fred Walker,yes. Motion carried
unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 18, 2000
Page 4
Michael Miller moved that Case Z-540 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval 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,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes; Fred Walker,yes. Motion carried
unanimously.
CASE NUMBER: Z-541
APPLICANT: Carlson Farms Estates
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the W2 NE4 NW4 of Section 4, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone for Minor Subdivision to Estate Zone District.
LOCATION: South of and adjacent to WCR 62; West of and adjacent to WCR 41.5.
Kim Ogle, Planner, presented Case Z-541 and read the recommendations into the record. Kim stated the
concerns of the Planning Department, including the site being in the runway 9 Critical Zone of the Airport
Overlay District, lack of trails or sidewalks, and the three accesses noted for the seven lots. Kim stated that
the Department of Planning Services is recommending approval of this application. Kim further noted that
the preliminary Conditions of Approval were incorrectly numbered and that #7 is really#2. Kin noted that
#2Fshould be #3 J and #2 K should be #3 K. Kim presented a new map and configuration to solve the
vehicular access and poor soil concerns of the Planning Department.
Discussion followed concerning the possible solutions for the airport zoning or aviation easements. John
Folsom also asked if there were mining deposits under the land. Kim stated the applicant was in a better
position to address this issue.
Tom Honn, Representative for the applicant, discussed the site including the lack of sidewalks, and the
alternative accesses and configuration provided by the Department of Planning Services. Mr. Honn also
stated that the airport is changing the use of the runway and in effect this would change the zone from the
runway 9 Critical Zone that is currently on the property. Mr. Honn stated that the airport did not use the runway
for instrument landings anymore and does not need to keep this area as a runway 9 Critical Zone.
John Folsom asked Mr. Honn if the applicant would be willing to change the layout to the alternate provided
by the Department of Planning Services. Mr. Hann noted that he feels the original layout is appropriate and
that the applicant does not want to remove Lot 7 or change the accesses as they feel the new access plotted
would be less safe than the current two on Bliss Road.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mike
Reisman, Manager of the Greeley Weld Airport, presented the airport's concerns with the application. Mike
stated that the area is being kept as a runway 9 Critical Zone as it will be converted to the GPS system in 2-5
years, that the allowance of a subdivision in this area may affect the grant money received by Weld County,
Greeley, and the airport from the FAA, and if the application were to be approved they would request an
avigation easement as well as notes to the property buyers of the risk and nuisance associated with the airport
near their property. Mike noted that the grant money in the past 4 years equals$12 million,that this may need
to be returned if the FAA feels this violates the agreement signed by the County with the FAA. Mike also
noted that the addition of language on the plat would not protect the airport from lawsuits associated with
nuisance and safety. Michael Miller asked if the removal of the grant monies could affect future funding for
the area. Mr. Reisman stated that this is possible (noting that this has happened to Centennial Airport in
Denver). Fred Walker asked Lee Morrison if the Right-to-Farm covenant would protect the applicants right
to develop this property. Lee noted that the Right-to-Farm covenant is only to protect agricultural uses, not
development.
Discussion ensued concerning the need for more information about the grants signed by the county to discern
if this could affect that funding.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 18, 2000
Page 5
Michael Miller moved that Case Z-541 be continued until May 2, 2000 to obtain the information concerning
the grants with the FAA. Bryant Gimlin 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; Fred Walker,yes. Motion carried
unanimously.
Meeting adjourned at 5:30 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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