HomeMy WebLinkAbout20001497.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 20, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, June 20, 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
John Folsom Present
Jack Epple Present
Michael Miller Present
Stephan Mokray Present •
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Present
Also Present: Lee Morrison,Weld County Assistant Attorney; Diane Houghtaling, Don Carroll, Public A/orks;
Sheble McConnellogue, Pam Smith, Weld County Department of Environmental Health and Environment;
Sheri Lockman, Chris Gathman, Anne Best Johnson, Monica Daniels-Mika, Weld County Planning
Department; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on June 6. 2000,
was approved as read.
CASE NUMBER: USR-1246
APPLICANT: Willard and Tanya Kenyon
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 of Section 19, Township 2 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for Outside Storage of
Commercial Equipment in the Agricultural Zone District.
LOCATION: Approximately 400' north of WCR 18 and approximately'/ mile east of WCR 1.
Sheri Lockman, Planner, stated that this application had been withdrawn by the applicant.
Arlan Marrs moved to accept the withdrawal of Case USR-1246. Stephen 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1259
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 Grave 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 read the recommendations into the record Sheri
noted that the Department of Planning Services is recommending approval of this application. Sheri also
added that the Department of Public Health and Environment requested the addition of a Development
Standard to read "The facility shall comply with the Above Ground Storage Tank Regulations".
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 2
Pam Acre, a representative of the applicant from TuttleApplegate, noted how the site will be mined in 5 cells
and will take approximately 10 years to mine. Pam also noted that the mining may not begin for 2 or 3 years,
depending on the demand for the gravel. Ms. Acres stated that the batch plant will be permanent and that
the asphalt plant will be mobile, as well as noting the plant will operate during daylight hours, except for the
maintenance after hours. Pam stated that the reclamation plan is to turn this area into lined water storage
reservoirs with the pits being lined after the mining is complete.
John Folsom asked about the access off of State Highway 85. Pam noted that there will be no access to the
site off of the highway, that access will be off of WCR 6. Stephen Mokray asked how the pit is going to be
lined. Pam noted that they will dig a trench to the bedrock and 3'-5' deep into the bedrock and will seal.
Michael Miller asked if this will be de-watered to mine or wet mining. Pam noted it will be dry mining with a
de-watering trench used. Discussion followed concerning the water storage before being discharged into the
river, the control of wash water, as well as the transportation of the material across the water. Pam Acre
stated that water being discharged into the river will be covered by a State permit, that the wash water will be
sloped into a separate area and that the material will be transported across the river by a conveyor. Cathy
Clamp asked about the transportation of the aggregate as well as the traffic impact on the road. Wayne Bollig
of Mobile Pre-Mix noted that there will be an average of 75 trucks in and out of the site per day and that Public
Works and CDOT are looking at a traffic study submitted by Mobile Pre-Mix for this site. Cathy also asked
if there would be any way to screen the site. Wayne noted that the existing mature trees to the north and east
will be left to help screen. Wayne noted that although there are two residences directly along Highway 85
mining will not be directly off of Highway 85. Wayne further clarified that the wash water from the trucks will
not be discharged into the river, that this will be recycled to the concrete plant.
Arlan Marrs asked if there had been any contact with Lupton Bottom Ditch. Wayne noted that they had not
talked with the ditch company, but would be willing to get a letter of agreement concerning cooperation
between the ditch and the mining operation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application No
one wished to speak.
Pam Acre noted that the applicant had concerns with the following Conditions of Approval and Development
Standards. Pam asked about Condition of Approval#3.C as they were not controlling the homes or using
them during the mining. Sheble McConnellogue, Department of Public Health and Environment, noted that
if they were on land that is a part of this permit, they at least need to be permitted for residential use with a
statement of Existing Septic and I.S.D.S.. Pam also asked about Conditions of Approval#3 F & G as they
have a traffic study with CDOT and Public Works. Ms. Acre also noted that they would prefer to add some
language to #4 A concerning the deceleration lanes which may not be needed. Diane Houghtaling, Public
Works, noted that the deceleration lanes will not be needed and therefore the condition could be amended.
Ms. Acre asked if the language used in Development Standard#5 could be used in Development Standard
# 6 to clarify the statement concerning solid waste. Discussion ensued concerning the burying of asphalt.
Pam Acre also asked if the wording in Development Standard#12 could be changed to"when one is needed",
concerning the septic system. Ms Acre also asked if Development Standards#15 and# 11 were redundant.
Finally, Pam asked if Development Standard#26 cold be changed to allow the excavation equipment access
off of WCR 8 for future mining across the river.
Arlan Marrs moved that Condition of Approval #2.D be added to read "The applicant shall either submit to
the Weld County Department of Planning Services a copy of an agreement with ditch companies located on
the property stipulating that the ditch activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the ditch companies."
Gristle 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 Girnlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 3
Cathy Clamp moved to delete the second paragraph from Condition of Approval #3. C. Stephen 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved that the words"including the deceleration lane",be removed from Condition of Approval
#4. A. 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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Bryant Gimlin moved that Development Standard#5 be changed from"(31-20-101, C.R.S.)"to"(30-20-100,
C.R.S.)"and that Development Standard#6 add"as defined in the Solid Wastes Disposal Sites and F acilities
Act, (30-20-100, C.R.S.)", after the word wastes . 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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved to remove Development Standard # 15. 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, no; Michael Miller, no; Jack Epple, no; Bryant Gimlin, no;
Cathy Clamp, no; Cristie Nicklas, yes; Fred Walker, yes. Motion failed.
Cathy Clamp moved to have Development Standard # 12 read as follows, "After 6 months of operation, an
individual sewage disposal system for the proposed office facility shall be installed according to the Weld
County Individual Sewage Disposal regulation. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations.
Portable toilets may be used for the first 6 months." Stephen 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, no; Fred Walker, yes. Motion carried.
Cristie Nicklas noted that she thinks the septic system should be placed right away for the office.
Michael Miller moved to add Condition of Approval # 4. G to read "Prior to operation, the applicant shall
provide a waste handling plan to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum, the following: 1. To delineate on
the plat an area that will be designated for disposal of inert materials. 2. A list of the inert materials including
the volume. " 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 Girnlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs moved that Development Standard #26 read "The access from Weld County Road 8 shall be
used for service vehicles and the employees operating the excavating equipment." Cristie Nicklas seconded
the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 4
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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Bryant Gimlin moved to add Development Standard # 19 to read "The facility shall comply with the Above
Ground Storage Tank Regulations"with subsequent renumbering. 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 Girnlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Bryant Gimlin moved that Case USR-1259 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and 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; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1272
APPLICANT: Kidz Ark, Inc.
PLANNER: Sheri Lockman
LE::GAL DESCRIPTION: Part of Section 1, Township 8 North, Range 56 West of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a child care center in the
Agricultural Zone District.
LOCATION: 5 miles north of SH 14 and east of and adjacent to WCR 155 section line.
Sheri Lockman, Planner, presented Case USR-1272. Sheri noted that the applicant is proposing a similar
facility to the east of this site in Logan County and that many referral responses concern both sites. Sheri
noted that additional handouts containing surrounding property owner letters,information on calls to the Logan
County Sheriff's Department, a letter from the mayor of New Raymer, a referral from the New Rayrner Fire
Protection District, and a preliminary review of the facility being proposed for Logan County side.
Cristie Nicklas asked why the application asks for 18 years to be the oldest while the conditions state that the
oldest age allowed should be 16 years. Sheri noted that the Zoning Ordinance limits the age to 16 years.
Jay Littlefield, the applicant, stated that this application is for a residential child care facility to serve at risk
children. He noted that there will be a school on the Logan County side being run by his staff and that the
children will be schooled there,not in the local schools. Jay noted that no neighbors have ever been hurt nor
has Search and Rescue been called for a similar site north of New Raymer.
Michael Miller asked how the residents of this facility are chosen. Jay stated that Human Services will send
kids who need more psychological help, have been in lock-up, have been abused, and at-risk children. Mr.
Littlefield also noted that there are no violent offenders at this site and that a mental health diagnosis is
required to send these children to his facility. Stephen Mokray asked how long the children are at the site and
what the success rate is. Mr. Littlefield noted that the average time frame for a child at these sites is 6
months and that there have not been any long term studies done as the sites are relatively new. Jay did
estimate that they are 80%successful in some rehabilitation of these children and often try to get them hack
to their families if it is safe.
Cristie Nicklas asked why the children from the site north of New Raymer are not going to school at the Prairie
School and why these children will not either. Jay noted that the first kids he was working with had already
been through an extensive program to earn the right to go to this area. After a change in partnership the
children are being sent out without the earlier system to prepare them. Jay noted that the school was upset
with this and therefore he decided to have a school on the site, rather than have them in the public school.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 5
Cathy Clamp asked what is there for the safety of the surrounding property owners and how the staff is
trained. Jay stated that the staff is trained in Cornell physical management, de-escalation techniques, how
to handle children without hurting them, CPR, medical training,and weekly classes. Fred Walker asked what
the minimum number of staff at one time would be. Jay noted that there will always be one staff member per
5 kids.
John Folsom asked if the children in the home could have been convicted of felonies or misdemeanors and
if they would be free to roam the property. Jay stated that some would have been convicted of these and that
although the property is not fenced, the children are on a strict routine and that there are alarms at night as
well as motion lighting to keep the children from running too far. Arlan Marrs asked about the housing
arrangements for the home. Jay stated that there are 7 bedrooms with 7 baths and that there will be 15 boys
(plus staff)and eventually 15 boys in Logan County. Arlan asked about the safety of the neighbors as well
as the children. Jay noted that he is willing to work with the Sheriff's Department, including financially, to get
a person deputized for the area, which would benefit everyone in the area. Arlan noted that he doesn't feel
this is enough security. Jay Littlefield noted that staff at the other sites are quick to respond, that there are
on call staff members. Mr.Littlefield also noted that they would hire their own security people,but there would
be a liability problem if one of the kids got hurt. The outside authority is more likely to be able to take the
correct actions without repercussions. Jay further noted that they call the closest neighbors when a child has
run,and that since the closest neighbors are 2'/%miles away this would give them time to prepare for the kid.
Jay also wanted to say that the kids tend to head for the road, not the houses. Cathy asked what kind of
perimeter control they had for the boys. Jay stated that an alarm goes off when they are 10 feet from their
beds at night,that there are motion detectors, but that there is not a fencing system as part of their treatment.
Jay noted that these kids are to the point that they need to not be fenced in and treated like prisoners, that
they are in treatment.
Cristie Nicklas noted that water could be scarce in that area with only wells to serve the site. Craig McConnell,
the owner of Elk Echo Ranch and the wells, noted that there are three 18'wells on the property. Gristle noted
that she is not too comfortable with the one well being able to provide enough water for the number of people
at the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. As
there was a large number of public present, a quick show of hands was noted to show about 209 for the
application and 80% against.
Teresa Beintema, a nearby landowner on the Logan County side, noted that she has two young daughters
and does not feel comfortable with the boys being this close to their home. Ms. Beintema noted that Mr.
Littlefield said that some of these children are sexual predators and this really scared her. She stated that it
only takes one instance of violence to change their lives forever. She feels this home needs to be closer to
services.
Craig McConnell, the nearest land owner and owner of Elk Echo Ranch, noted that he will be working with
these boys. Mr. McConnell noted that the boys will be within a 2, 000 acre buffer zone and that he is in favor
of this application.
Rodney Wulf,a representative of the New Raymer Fire Protection District,noted that the district does riot have
the resources to deal with additional troubles that this may bring on and that the site is 9 miles from the
nearest truck or ambulance and 60 miles from the nearest sheriff. Michael Miller asked how many time the
existing New Raymer facility has effected the department. Mr. Wulf stated that they had to go out one time
in the past 3-4 years.
Walter Page, Chief Investigator for the Logan County Sheriff's Department, noted that they have been called
to the Sterling site 130 times in the past 4 '/: years. Mr. Page noted that as they are closer, they are more
likely to respond than Weld County Sheriff's Department and to bear the brunt of the calls. John Folsom
asked if the financial burden is the reason it would be hard to provide service for the area. Walter page noted
that this is a part of the problem. Fred Walker asked if financial help would make a difference to Logan
County Sheriff's Department ability to respond. Mr. Page noted that this may help.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 6
Allison Beintema, noted that she enjoys playing by the creek and would not feel comfortable playing there
anymore if there is a possibility of the boys running away.
Gary Dollerschell, a nearby property owner, noted that they would like to see more fences, secu ity, and
surveillance. He would also like to have more counseling for these boys. Mr. Dollarschell also had some
questions concerning snow removal for emergency vehicles, school money and tax roles. Mr. Dollarschell
noted that this is a very trusting community and he feels they would be taken advantage of by any runaways.
Kay Dollerschell, a nearby property owner, noted that she does not want this site in her backyard.
Gail Craiger noted that when the medical services were called to the site, they had to hang back and wait for
the Sheriffs department to arrive before they could proceed on site. She is also afraid that a fire started by
one of the boys could create this same problem and that this could hurt more than just the small area of the
site. John Folsom wanted to verify that the fire services did not go on site until the Sheriff's department
arrived. Gail Craiger noted that this is the Fire Protection District's choice.
Glen Carlson, President of the Prairie School Board, noted the following concerns at a recent meeting held
concerning this site. The school district is concerned that the safety of their children is at stake if the boys
ever do enroll in the school, that any influx of students makes a big change in such a small school, that there
are more mental health problems, that the budget may be effected, that the staff is stressed, that there are
below grade level students placing additional work on the teachers, and that the special needs will be left to
the school. He noted that the Prairie School Board is not in favor of this proposal. Jack Epple noted that the
school district referral shows no conflict. Dan Hosely, the superintendent of the school, noted that he made
that referral before he knew all the problems in the past with these students, including the special needs
Jaylin Holdsworth, teacher with Kidz Ark, stated that these kids will not be placed in the public school. She
also noted that,when they were in the local school, Kidz Ark hired an extra special education teacher for the
school and did not bill the school as allowed by law. Ms. Holdsworth also noted that when there were
problems, the kids were taken to the Sterling facility for schooling. Cathy Clamp asked who checks on the
education of these students. Ms. Holdsworth stated that the Colorado Department of Education does.
Mark Anderson, a nearby property owner, stated that he has helped with these kids. He stated that the kids
need a chance and that in all the time he worked with them, he never felt threatened. Mr. Anderson stated
that he is in support of the application.
Darlene Nelson stated that the community needs to think about helping these kids. Ms. Nelson stated that
they are going to be a part of society someday and that they should be helped now. Ms. Nelson noted that
although she can understand the concerns of many neighbors, that this application is a good thing and she
supports it.
Kerrie Blake,a recent graduate of Prairie School District,stated that she went to school with the students from
the house near New Raymer and that these kids were too advanced in the ways of the world for the other
children of the area.
Janna Welch, Kidz Ark Director in Sterling, stated that each facility is composed of medically trained
individuals,from EMT's to nurses and that the facilities are on call to help each other. Ms. Welch noted that
she understands these fears, but that they come from a lack of knowledge. Janna stated that the kids
understand that this is a much better place than being in jail and lock-up and that the strict schedule is an
internal deterrent.
Dr. John Gilbert, a nearby land owner, noted that he believes the idea is a very good one but the community
should have been involved in the planning of this site.
Sharon Hopper,a landowner from southwest Weld County, noted that she doesn't feel this place is legal. The
Home Rule charter that she worked on would not allow a detention facility without the consent of voters. Lee
Morrison, Weld County Assistant Attorney, noted that this is not a detention facility, is not secured and that
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 7
the children are there by court placement, and that this is a child treatment facility, not incarceration. John
Folsom asked if some of these juvenile delinquents would place this under state statutes and if Weld County
could be liable with vested rights on the property. Lee Morrison noted that the vested rights can be made
subject to the court findings with a condition. Lee also noted that this is not a prison or jail and that the section
being discussed applies to the Certificate of Occupancy. Lee noted that this application can go through and
Section 15-5 would not come into play until the time to issue the Certificate of Occupancy.
Joe Kimmel, a teacher at Prairie School, noted that the insecure facility within 2 miles of his home bothers
him. Mr. Kimmel noted that he is concerned about the small percentage with problems affecting the dynamics
of such a small school.
Linda Littlefield with Kidz Ark stated that there are not severe diagnoses for these children and that ner own
grandchildren have grown up around these children and she is very comfortable with that.
Jay Littlefield, the applicant, noted that there will not be any children in the Prairie School District. He stated
that if this needs to be a condition of his permit, he is comfortable with that condition. Mr. Littlefield also
wanted to note that the word used to describe these children as sexual "perpetrators", not predators. Mr.
Littlefield noted that the only time the school would have anything to pay is if these children are orphans. Jay
Littlefield noted that the school has not been sent any bills for the students despite the fact that the law allows
for the billing of the school. Jay also wanted the residents to note that the foster homes in the area will be
sending their children to the school and that the foster homes do not have to go through any planning process.
Fred Walker asked about tax revenue from the site. Jay noted that he owns the land and that rent is paid to
him from Kidz Ark, but that the actual business is tax exempt as it is funded by federal, state,and county. Jay
did have a question concerning sprinklering the building. Sheri Lockman noted that this is part of the Building
Inspection Department referral and that a Development Standard concerning the Building Inspection referral
needs to be added.
Cathy Clamp asked about the regulation of 24 people on Development Standard#3. Sheble McConnellogue,
Weld County Department of Public Health and Environment, noted that if more than 24 people are using the
well the water needs to be tested.
Bryant Gimlin asked Mr. Littlefield what can be done to solve the compatibility with the community. Jay noted
that he would like them to see how it will be run and that a local representative from the Weld County Sheriff's
Office would probably help. Mr. Littlefield noted that a meeting with both sheriff's offices and members of the
community might help. He also noted that he would be happy to have members of the community on the
board, helping to run Kidz Ark is the best way possible.
Discussion concerning the limiting of the USR to ownership and vested rights followed.
Jack Epple noted that he is concerned with the security and that there are communication issues that need
to be dealt with before the Board of County Commissioners hearing and that issues need to be worked on and
ironed out. Jack also noted that the staff could set up a Development Standard concerning the education or
schooling of these kids. Mr. Epple also noted that although he agrees with there not being fences there has
to be some type of alarm system for when a child escapes. Jack noted that although the application is whole
and the Planning Department did their part, there were still things to be worked out.
Fred noted that he has concerns with the safety if a child could be scared to play and there should have been
more communication with the community before getting to this stage in the application process. Jay Littlefield
noted that he offered to meet with both the school district and the major neighbors, but that this was not
accepted by the school district or the neighbors. Fred noted that some talking needs to be done to make this
application more compatible.
Cathy Clamp noted that she feels there is a good idea behind the application, but that there are too many kids
and not enough staff to handle possible problems that could occur and that the sheriff's office concerns need
to be worked with.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 8
Stephen Mokray noted that he agrees with Cathy about the security. He further noted that the school
concerns need to be worked out. Stephen stated that the whole idea is great, but that there are some holes
in the plan.
Cristie Nicklas moved that Case USR-1272 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
denial. 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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs cited Section 24.3.1.7 of the Zoning Ordinance asks that the application shows there is adequate
provision for the health, safety, welfare of the inhabitants of the neighborhood and the county. Arlan noted
that he does not believe that this applicant has done that,that not only are the inhabitants of the neighborhood
and county possibly at risk, but also the boys that are being asked to live in this home.
Michael Miller noted that this school is a needed facility and he hesitates to vote against it, but that he feels
the same as Arlan Marrs. He also noted that the health, safety and welfare of the surrounding residents is
not being addressed at this point and he believes it can be worked out, but that this has not been done at this
point. Michael also asked the residents of this area to open their minds to facilities of this type. He noted that
the kids that are coming in to these facilities are not all inner city kids,they are not all out of Denver, they are
not all out of some horrible place that you cannot relate to. Michael Miller noted that these are going to be
their kids, too, and that they will be from all over the place and they are going to need a place to go. Michael
asked the residents to try to work with Mr. Littlefield to open their minds to find a middle ground that everyone
can live with.
Jack Epple noted that he feels the same as Michael and that communication with the community is .a must
and that the security issues need to be worked on.
John Folsom agrees with the previous comments and adds his concerns about the vested property rights
issue.
Cathy Clamp encourages the applicant to keep working, that this is not a denial of the concept,just that the
plan of the site needs to be reworked.
Stephen Mokray agreed with the previous comments and feels that the plan needs more work.
Bryant Gimlin agrees with the above comments and adds that he also feels this is a compatibility issue, that
the site, at this point in time, is not compatible with the neighborhood. Bryant also echoed Michael Miller's
comments that everyone should try to get together with an open mind before the Board of County
Commissioners meeting.
Cristie Nicklas noted that she had voted for approval on the plan for the previous facility when looking at the
level of kids coming into the community. Cristie noted that the compatibility has changed and that the facility
is too remote,too far from the Sheriff's response,fire response, and medical response, noting that this is not
even taking into account bad weather. She also noted that the water concerns her. Finally, she noted that
these boys need socialization and without being in the schools this area is too remote and that without this
socialization the children will not be given the opportunity to see the good ideals of this agricultural community.
Fred Walker asked the audience really consider what Michael Miller had to say, that they should look at this
issue in total, not just as individuals.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 9
CASE NUMBER: Z-545
APPLICANT: Harvey Markham
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 NW4 of Section 19,Township 4 North, Range 68 West of the
6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from Agriculture to PUD for 4 lots for residential uses.
LOCATION: South of and adjacent to SH 56 and approximately 1/4 mile west of WCR 3.
Chris Gathman, Planner, presented Case Z-545 and read the case into the record. Chris noted that the
Department of Planning Services is recommending approval of this application. Chris noted the following
changes to the preliminary comments. Conditions of Approval 2.A and 2.B were removed.
Cathy Clamp asked a question about the asphalt tests. Don Carroll noted that this just something they i equire
and that this is fine. John Folsom asked where the retention basin is located.
Harvey Markham, the applicant, noted that the retention pond is near his current residence. John asked if
these is anything in the right-of-way. Mr. Markham noted that nothing is in the right-of-way.
Cristie Nicklas noted that if they were going to have a horse or two allowed and this subdivision is near farms,
that it would be good to add the Right-to-Farm covenant to the subdivision covenants. Cristie also noted that
he might want to get some of the pamphlets from the extension office to give to those buying the lots.
John Folsom added that the Right-to-Farm covenant could be added to the closing documents as well.
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. Markham noted that he is in agreement with the conditions of approval.
Stephen Mokray moved that Case Z-545 be forwarded to the Board of County Commissioners along with the
Conditions of Approval 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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1273
APPLICANT: Paul and Ann Linn
PLANNER: Chris Gathman
LEGAL DESCRIPTION: A portion of the S2 NW4 and N2 SW4 of Section 8, Township 3 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit for a wholesale/retail nursery in an Ag zone.
LOCATION: East of and adjacent to WCR 3, south of and adjacent to WCR 34.75.
Chris Gathman, Planner, presented Case USR-1273 and read the recommendation into the record Chris
noted some changes to the preliminary comments that were handed to the Planning Commission members,
which included adding Conditions of Approval 2.A, and 3.6 and removing Condition of Approval 3.H.#3 from
the staff comments.
Cathy Clamp asked about the woodworking shop allowed on the property. Chris noted that the shop was
never there but that it would be vacated to allow this application.
John Folsom had questions concerning the trailer on the site. Chris noted that the trailer is there now for
security on a temporary basis,but that no reference is made concerning future mobile homes as they are not
justifiable. Chris stated that the applicants are being required to apply for a mobile home permit for the trailer
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 10
by the Department of Planning Services as a condition of the recorded exemption associated with this USR.
Bill Bird, the applicant, noted that he and his wife wanted their own business and feel there is a market for
trees here and that they could offer better prices. Mr. Bird also noted that the Planning Department has been
very helpful throughout the entire application process.
Bryant Gimlin asked about the animal husbandry mentioned in the application. Mr. Bird noted that this is in
case his daughter wants a horse in the future.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jahn Folsom moved that Case USR-1273 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; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: ORD-201A
APPLICANT: Towns of Erie, Firestone, Frederick; City of Dacono; Weld County
PLANNER: Anne Best Johnson
RE=QUEST: Amendments to Ordinance 201.
LOCATION: The Dacono, Frederick, Firestone Urban Growth Boundary.
Anne Best Johnson, Long Range Planner, presented the changes to Ordinance 201. Anne noted that the
amendments presented remove the town of Erie from the Ordinance and clarify some referral and response
procedures. Anne noted that the Department of Planning Services is recommending approval of this
application.
Arlan Marrs asked if there was a time limit on this Intergovernmental Agreement(I.G.A.). Lee noted that this
agreement would have been contingent upon a time set by a baseline but that the agreement did riot have
a lime limit without a comprehensive plan. Arlan noted that he feels some of the boundaries set by these
towns can not be reasonably provided by those same towns. He noted that Dacono seems to have
overestimated where they can provide. Anne noted that Dacono has been annexing. Arlan noted that they
have not been annexing to the east where their growth boundary is. John Folsom noted that they may not
have control over where the water is coming from with the independent districts, but that these towns may be
able to provide police and roads. Arlan noted that this line affects property rights in these areas and the town
may not be able to ever provide for the area. John noted that this contributes to urban sprawl and flagpole
annexations.
Bryant Gimlin noted that the town of Mead did an excellent job showing how they could provide services and
reasons for their border.
Cathy Clamp asked why Erie is being taken out of this agreement and notes that Erie feels they were not a
voice in this agreement. Lee noted that the town of Erie asked to be removed from the agreement and that
Erie wants more changes to the I.G.A.'s.
Fred Walker noted that there is a double standard, that individual property owners are required to show that
they can provide service to their projects,yet the governmental entities do not have to show they can provide
those same services.
Monica Daniels-Mika noted that this ordinance correlates closely with Ordinance 195 and that Erie is in favor
of I.G.A.'s but has difficulty substantiating the standards in Ordinance 210 with the appeals body.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 20, 2000
Page 11
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 moved that Ordinance 201A be forwarded to the Board of County Commissioners along with
the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion.
TheChair 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, yes; Bryant Gimlin,
yes; Cathy Clamp, no; Cristie Nicklas, yes; Fred Walker, no. Motion carried.
Arlan Marrs commented that he feels this would be an appropriate time to revise the entire document.
Cathy Clamp commented that she feels the same as Arlan Marrs.
Fred Walker commented that he finds the lines on the map inappropriate.
Meeting adjourned at 5:35 p.m.
Respectfully submitted,
444-7. z�—
Trisha Swanson
Secretary
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