HomeMy WebLinkAbout20001256.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 2, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, May 2, 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 1:35 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present
John Folsom Absent
Jack Epple Present
Michael Miller Absent
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Present
Also Present: Diane Houghtaling, Don Carroll, Public Works; Sheble McConnellogue, Pam Smith, Weld
County Department of Public Health and Environment; Chris Gathman, Julie Chester, Sheri Lockman, Kim
Ogle, Department of Planning Services; Lee Morrison, Weld County Assistant Attorney; Trisha Swanson,
Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on April 18, 2000,
was approved as read.
CASE NUMBER: Z-534
APPLICANT: Harvey&Jean Markham
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 NE4 of Section 19, Township 4 North, Range 68 West of the
6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from Ag to PUD for Five Lots for Residential Uses.
LOCATION: South of and adjacent to SH 56 and approximately 1/4 mile west of WCR 3.
Chris Gathman, Planner, stated that the Department of Planning Services is requesting a continuance until
June 20, 2000 in order to send out new referrals as the case has been changed from 5 lots to 4 lots.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Jack Epple moved that Case Z-534 be continued until June 20, 2000. Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple,yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas excused herself from Case Z-541. Jack Epple and Arlan Marrs had listened to the tapes from
the previous meeting concerning Case Z-541 and feel ready to hear the case. Cathy Clamp did not listen to
the minutes from the previous meeting and did not vote on Case Z-541.
CASE NUMBER: Z-541 (Continued from 4-18-00)
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.
00Th sat f Q. OS- /0-A1ao
2000-1256
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 2
Kim Ogle, Planner, presented Case Z-541 and handed out letters from Mike Reisman, manager of the
Greeley-Weld Airport,Travis Vallin,CDOTAeronautics Director,and James Fels,State Planner of the Federal
Aviation Administration, Denver Airports District Office.
Lee Morrison,Weld County Assistant Attorney,presented his findings concerning the possible monetary loss
associated with approval of this application. Lee stated that there are some areas listed in the grant
information, but not in County ordinances. The language does exist in city documents. Lee noted that the
main issue that this subdivision faces appears to be compatibility. Lee further noted that there does not
appear to be language that denies this use, but he cannot speak toward future funding from the FAA.
Tom Honn, Representative for the applicant, noted his concerns with several parts of the recommendation
associated with the permit. Mr. Honn's concern with Condition of Approval A. 1 is that the applicant owns the
mineral rights under the property and believes to place any oil or gas drilling in the open space area. Fred
Walker asked if the mineral rights are leased or not. Mr. Honn stated they are leased. Mr.Walker noted that
the landowner does not control the placement of those wells. Kim stated that the Department of Planning
Services is just asking for documentation from the leasees concerning the future placement of these wells.
Mr. Honn noted that the water tap agreement is being forwarded to the Department of Planning Services. Mr.
Honn also asked about the need for the State Engineers letter concerning the water supply. Tom Honn noted
that the applicant did not understand the need for an agreement or letter from the ditch company. Mr. Honn
noted that they were unsure of which requirement of the fire district they needed to fulfill and questioned the
need for a note on the plat concerning sprinkling or fire hydrants. Mr. Honn noted they feel the need for
sprinkling should be addressed at the building permit process. The applicant questions the addition of
Condition of Approval F concerning the wording. Mr. Honn notes that the applicant wishes to leave this up
to the Homeowner's Association concerning the use of the open space. Mr. Honn noted they do not want to
limit the possibilities open to the Homeowner's Association. Tom Honn noted that the applicant feels #1 H,
the requirement for the complete topographic site survey for the site is excessive. Mr Honn further noted an
objection to more extensive landscaping plan required in#2 C and would prefer to submit more detailed plans
at the time of the final plat submittal. Mr Honn further noted an objection to the ownership of the accesses
and wants to retain the original access planned. Tom asked why the compatibility issue was not brought up
at the time of the Sketch Plan submittal. Chuck Carlson,Applicant,noted that the leasers of the mineral rights
had pointed to the area occupied by the open space as a probable site for a new well.
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, reiterated his concerns about jeopardy to the airport's future
funding and possible violations. Mr.Reisman also noted that the Critical Zone has been in existence over that
area since 1994.
Discussion concerning the primary runway and secondary runway usage depending upon winds that prevail.
Questions concerning the aviation easements and nuisance suits followed. Mr. Reisman noted that the
avigation easements somewhat insulate the airport,but do not fix the compatibility issue. Arlan Marrs brought
up the idea of compensation for the property owners to mollify a possible inability to develop in this area. Mr.
Reisman noted that the airport would probably not be fiscally capable of that type of compensation.
Jeff Hofman with the City of Greeley Community Development stated that the Greeley Planning Commission
voted 4-0 for denial of this application.
Ted Carlson, a realtor and son of the applicant, noted that he has not had any problems marketing several
nice homes in the same area, stating that the proximity of the airport did not seem to be a problem.
Discussion followed concerning why Condition of Approval #1 C had both sprinklers and fire hydrants. Kim
noted that the fire hydrants were never listed in the application and the fire district stated without fire hydrants,
this would be outside their response time. Lee Morrison stated that the fire code is not in the Building
Department, but rather is a separate entity that is from the state. Fred asked why#1 F, the planning of the
open space, needs to be a condition. Kim noted that the ideas presented may require manure management
plans and this area is listed as a severe escarpment area and may need detailed plans concerning the use.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 3
Kim stated that this condition merely asks for more information. Fred asked why the applicant had a condition
concerning the ditch. Kim noted the Department of Planning Services needs to know who owns the ditch.
Jack Epple asked for information about the three accesses. Diane Houghtaling, Public Works, stated that
there is little need for three access for seven lots and this is not safe. Diane noted this will create a busy
intersection and the requested one access is for safety reasons. Discussion concerning a change in wording
on Condition of Approval #2 K from "place"to"dedicate".
Jack Epple moved that Case Z-541 be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of approval. Arlan Marrs seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, no; Jack Epple, yes; Bryant Gimlin, no; Fred Walker, yes. Motion carried.
Arlan Marrs commented that the decision on this case will cause an economic impact on either the applicant
or the airport and someone's rights may be trampled.
Jack Epple commented that he can relate to the issues brought up during this case and feels that people
buying houses in that area will be aware of the airport and buy those homes with that awareness, that the
compatibility can be dealt with.
Stephen Mokray commented that the approval of this subdivision is just aggravating an existing problem in
the area and that the area is not compatible for residential use. Nuisance calls will occur, it is an unhealthy
environment for people and animals, and that this area is more compatible for Industrial or Commercial use.
Bryant Gimlin noted that he feels this is incompatible with the area and that the concerns noted in letters
received from the Greeley-Weld airport should be looked at more closely.
Fred Walker commented that there should be some mitigation between the airport and the applicant and that
he feels an avigation easement will allow both uses to exist.
CASE NUMBER: USR-1267
APPLICANT: Poudre Valley Rural Electric Association, Inc.
PLANNER: Julie Chester
LEGAL DESCRIPTION: NW4 of Section 18, Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public
Utility(Electric Substation).
LOCATION: South of State Highway 34,just east of WCR 25.
Julie Chester, Planner, presented Case USR-1267 and read the Department of Planning Services
recommendation into the record. Julie noted that Development Standard #10 has been changed from 55
decibels to 70 decibels per the Department of Public Health and Environment. The Department of Planning
Services is recommending approval of this application.
Jim Byrne, Representative of Poudre Valley REA, stated that the purpose of this substation is to carry the
power that will soon be needed along SH 34. Mr. Byrne stated that the area is growing rapidly and the
substation will be needed. Mr. Byrne also stated that they plan to start the landscaping and will finish the
construction of the site at a later date.
Stephen Mokray asked if there would be a time limit for the construction. Julie noted that they have stated
it will be constructed by 2002, which is within the three years an application has before being looked at and
not be considered abandoned.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 4
Discussion followed concerning the requirements of the City of Greeley about three foot berming and that the
applicant will need to make an effort to come to an agreement with the City of Greeley but will not be required
to follow the standards set by the city. Arlan asked about Development Standard # 5 stating "submitted to"
rather than"approved by", as it currently states. Discussion also followed concerning the attachment to the
current lines,which Mr. Byrnes stated will happen with lines directly next to the property under consideration.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jerry McRea stated that the easement being considered to cross into the site is actually 110'too far north and
cuts 3+acres off of his land. Discussion concerning the possible relocation of the road,the power lines along
the road, and the improvements being requested by Public Works followed. Julie noted that the access can
be addressed during the Subdivision Exemption process that will follow.
Bryant Gimlin moved that Development Standard#10 be changed from 55 db(A)to 70 db(A)and that Case
USR-1267 be approved with the Conditions of Approval and amended Development Standards. Stephen
Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Jack Epple commented that he hopes Poudre Valley REA will work with the property owner about the issues
raised at the hearing.
CASE NUMBER: USR-1266
APPLICANT: William and Joyce Rhoton
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: SW4 SW4 of Section 22,Township 6 North, Range 62 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Home Business(Machine
Shop) in the Agricultural Zone District.
LOCATION: West of and adjacent to WCR 79 '/:and 3/4 mile south of WCR 68.
Sheri Lockman, Planner, presented Case USR-1266 and read it into the record. Sheri noted that the
Department of Planning Services is recommending approval of the application.
William Rhoton,Applicant, stated that he wants to run a machine shop out of his shop,with no oils or solvent,
and that the waste is disposed of by BFI or used as scrap metal.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carolyn Wilson, mother of a surrounding property owner, noted that she is concerned with the safety of
children in the area and the speed of cars.
Jim Wilson, surrounding property owner, noted that he is concerned with the delivery vehicles going too
quickly and he moved to the Briggsdale area for privacy.
William Rhoton, Applicant, noted that there is a delivery by UPS about once a month, but he will mention to
the drivers to watch their speed. Bryant Gimlin asked if the business was the type to create more traffic with
customers arriving more often now. William stated that his is not a public interest business, that he mostly
works from orders. Cathy Clamp asked if the noise would be increased by the new building. Mr. Rhoton
stated that the building would be insulated.
Stephen Mokray moved that Case USR-1266 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 Nickles seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 5
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin,yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1264
APPLICANT: Sheryl Senesac
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 4, Township 3 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review for a Commercial Use
(Residential Child Care Facility/Pre-School) in the Agricultural Zone District.
LOCATION: North of and adjacent to WCR 36; East of and adjacent to WCR 5.
Kim Ogle, Planner,presented Case USR-1264 and read the recommendation into the record. Kim noted that
Conditions of Approval 5-7 on page 4 have been added or altered.
Stephen Mokray asked what NCJY stood for. Kim replied that is stands for a non-commercial junkyard,which
created a violation on the property.
Keith Ames,architect for the applicant, spoke concerning the application. Sheryl Senesac,Applicant, stated
that she had always wanted to have a school and they decided to remodel the old building on their property,
which used to be a schoolhouse, and run a school to teach her own children and those of some neighbors
or relatives.
Stephen Mokray asked if this business started before they received a permit. Kim responded that they had
started the business and remodeling without permits, but that they were coming into compliance with the
county rules. Stephen Mokray asked about the current violations with the non commercial junkyard and the
building. Kim stated that the non commercial junkyard will be dealt with in the Conditions of Approval and the
child care center is being dealt with by the approval of this USR. Kim further noted that the building violation
will be addressed as part of the Conditions of Approval.
Keith Ames stated that the junkyard has been taken care of.
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 USR-1264 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. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-840
APPLICANT: Andesite Rock Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Gravel Mine in the Agricultural
Zone.
LOCATION: South of and adjacent to WCR 126; 1/8 mile east of WCR 21.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 6
Kim Ogle, Planner, presented Case AmUSR-840 and stated that the Department of Planning Services is
requesting a continuance until June 6,2000. Kim noted that the applicants have submitted a new reclamation
plan that needs to be re-sent to the referral agencies.
Cathy Clamp questioned the legal description of the deed concerning aggregate being mineral or surface.
Lee Morrison,Weld County Assistant Attorney,noted that sand and gravel are considered surface in the State
of Colorado, but that he would examine the legal aspects of this.
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 AmUSR-840 be continued to June 6, 2000. Bryant Gimlin seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1265
APPLICANT: Ronald Olson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-1060 being part of the W2 NW4 of Section 15, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business in the
Agricultural Zone District.
LOCATION: East of and adjacent to WCR 7; north of and adjacent to WCR 20.5.
Sheri Lockman, Planner, presented Case USR-1265 and read the recommendations into the record. Sheri
noted that the application is for a home business instead of an industrial use as it is in the Mixed Use
Development area. Conditions of Approval limit the business to two vehicles and the resident of the property
is allowed to work there, no employees. Sheri also stated that the applicants would have to go through a PUD
process to allow the use originally asked for in the application. The applicants have decided to meet the
criteria of a home business.
Robert Bruce, Attorney for the applicant, noted that the Olsons are willing to have the two trucks running off
their property, but want to know if this will allow for someone to substitute when he is sick or out of town. Mr.
Bruce also noted the concerns of the Olsons concerning the closing of the entrance on WCR 7 as this is the
entrance used by the feed truck for their pigs.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Heather Hollingsworth, a surrounding property owner, noted that she didn't like that the Olson's had tried to
run this business without a permit. She also noted that the lower number of trucks is a change for the good.
Sharon Hopper, a surrounding property owner, stated that she believed that WCR 20.5 is owned by the
County, not the town of Firestone. Sharon further noted that she does not feel comfortable with the speed
and amount of vehicles on WCR 7.
Wayne Broshowski, a property owner to the south of the property stated that his property was annexed into
Firestone, as well as WCR 20.5 and that he does not have any problems with the business on the property.
Margaret Tolson, a property owner to the north, noted that she has no objections to this business being
approved in her area.
Robert Bruce,Attorney for the Olsons, noted that the Olsons were not trying to break any rules and once they
found out about the rules decided to follow them and come into compliance with the Zoning in the area.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 7
Claudia Olson, Applicant, also spoke concerning the changes they have made to the original proposal and
that they are happy to comply with the rules of the County. Mrs. Olson also noted that they would rather close
the residential entrance on WCR 20.5 than the WCR 7 entrance.
Discussion followed concerning the changes to allow for someone to substitute drive when Mr. Olson is
unable, but that the substitute will not be a full time employee out of the Olson property. Sheri indicated that
she was not in agreement with this interpretation. Planning Staff consistently interprets a Home Business to
only employ those living on the site, no employees.
Arlan Marrs moved to delete Development Standard #6 and renumber. Stephen Mokray seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved to change the wording in Condition of Approval#2. G to read as follows"The applicant
shall submit evidence to the Weld County Department of Public Works that the existing residential access
from Weld County Road 20.5 has been closed. The applicant will fence this entrance and dig a barrow pit
ditch at this access. Evidence of Weld County Department of Public Works approval shall be submitted to
the Weld County Department of Planning Services." Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1265 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. Arlan
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 5:15 p.m.
Respectfully submitted
C>CLIL
Trisha Swanson
Secretary
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