HomeMy WebLinkAbout20002502 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 3, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, October 3,2000, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting
was called to order by Chair, Cristie Nicklas, at 1:30 p.m.
ROLL CALL
Fred Walker Absent
Cristie Nicklas Present
John Folsom Present
Jack Epple Present
Michael Miller Absent
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Absent
Also Present: Chris Gathman, Sheri Lockman, Monica Daniels-Mika, Department of Planning Services; Don
Carroll, Diane Houghtaling, Public Works; Sheble McConnellogue, Pam Smith, Department of Public Health
and Environment; Lee Morrison, Assistant County Attorney; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on September 19,
2000, was approved as read.
CASE NUMBER: S-539
PLANNER: Chris Gathman
APPLICANT: Ivan and Joanne Gilbaugh
LEGAL DESCRIPTION: 3r° Replat Gilbaugh's Appaloosa Acres PUD, Section 11, Township 7
North, Range 65 West of the 6'h P.M., Weld County, Colorado.
LOCATION: East of and adjacent to WCR 41, West of and adjacent to WCR 74. For a more precise
location, see legal.
REQUEST: 4" Replat of Gilbaugh's Appaloosa Acres PUD including decreasing the size of Lot 15-C
from 62.2 to 60.5 Acres, increasing the size of Lot 16 from .8 Acres to 2.15 Acres and
increasing the size of Lot 17 from .95 Acres to 1.3 Acres.
Chris Gathman, Planner, presented Case S-539 and read the Department of Planning Services
recommendation into the record. Chris noted that the Conditions of Approval had been made from the copies
that the Planning Commission had received, specifically Conditions of Approval 2. A. 2. F, and 2. G.
Cristie Nicklas asked if Condition of Approval 2. G was placed to address the concerns from the surrounding
property owner. Chris noted that it was.
John Folsom asked why Lot 17 is responsible for maintenance of the drive. Chris noted that this is becaJse
it was a condition of the original plat.
Jerry McRae, representative of the applicant, noted that the Gilbaughs owned the farm and are planning on
selling it,that they own Lot 17, but if they chose to sell in the future they did not want to have the maintenance
of the road attached for new owners. Mr. McRae noted that the Gilbaugh's have been trying to get a
homeowners association started to take over the ownership of the road and maintenance as well. Mr. McRae
noted that the property owners have not taken initiative in this process. Mr. McRae also noted that he did
have questions about the right-of-way requested, as it would go through two homes located on Lot 16.
Cristie Nicklas had questions as to why the association was not started before. Mr. McRae noted that the
committee should have been started by 1984, according to the covenants. Lee Morrison noted that the
requirement for Lot 17 to maintain the road was still intact as it was recorded on the plat, but since the
homeowner's committee had not been started it may not be possible to enforce at this time. Bryan' Gimlin
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 2
asked if Condition of Approval #2. G was in conflict with the original intent of the subdivision. Mr. McRae
noted that the applicants had intended to have the homeowners take over the road in the future,not to burden
Lot 17 with the maintenance. Lee noted that to remove the original condition upon Lot 17, it would have to
be done formally and maintenance would have to be approved.
JoAnn Gilbaugh, applicant, noted that they had tried to start a non-profit group to give the road to the
association, but that it had not been a productive effort.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Jay
Moody, owner of Lots 15 & 16, noted that the 60' right-of-way would go through two structures. Mr. Moody
also noted that the utility easement would go through the bridle path,which he is considering moving with the
property owners approval. Mr. Moody also noted that the removal of access off of WCR 74 is not something
he likes, as it has existed for years. Finally, Mr. Moody noted that he does not understand the Non
Conforming Use file. Bryant Gimlin asked how many accesses exist off WCR 74 at this time. Mr. Moody
noted there is one access for Lot 16, one for Lot 15, and one for Lot 15-C. Mr. Moody noted that the access
for 15-C was more recent to access the farm to keep the farm equipment away from the children in the
subdivision.
Diane Houghtaling, Public Works, noted that it is policy to ask for a designation for the Right-of-way, that the
county will need the 100 feet.. John Folsom noted that this is not fair to the owner of Lot 16. Lee Morrison
noted that they cannot compel the dedication, unless this application is generating more traffic, which this
application is not.
Arlan Marrs asked what questions Mr. Moody had about the NCU file. Mr. Moody wanted to know what would
happen in case of fire or remodeling. Lee Morrison noted that if 50% or more were damaged or remodeled,
it would no longer be allowed. Mr. Moody stated that he did not want to set up this file as he would not be
allowed to remodel or if there were a fire. Lee Morrison noted that even if he did not start the NCU file, he
would still not be able to rebuild as it would still be a non conforming use. Mr. Moody noted that the two home
have always been on the property, but Mr. Morrison noted that unless the plat was recorded with a note that
the lot could have two homes, it would have to be a non conforming use.
Discussion concerning the accesses off of WCR 74 ensued. Cristie Nicklas noted that unless the intensity
of lots were to increase, we should not enforce the change of access. Arlan Marrs agreed.
Cristie Nicklas asked about the utility easement. Chris Gathman noted that the utility board had advised :his
as they request this on any new or replatted subdivision. Lee noted that if this did not impair the existing
easement, it would be acceptable, but wanted to ask if the replat was creating a need for the easement. Arlan
Marrs noted that there is a little chance of development on this ag outlot. Don Carroll noted that the Utility
Board requested this utility easement to avoid a future PUD slipping in on this lot.
The Chair asked the representative of the applicant if he was comfortable with the Conditions of Approval.
Mr. McRae noted that he was.
Monica Daniels-Mika, Director of Planning Services, noted that the Utility Board has requested the Utility
Easement around large open space areas in most subdivisions to avoid possible future issues that may arise
without the easement. Ms. Daniels-Mika added that this will not be covered in the future if not covered at this
time.
Arlan Marrs moved to amended the first sentence of Condition of Approval#2. F to read"Accesses shall be
limited to the(3)three private road intersections on Weld County Road 41 and two (2)private drives and one
(1) agricultural access on Weld County Road 74." and eliminate Conditions of Approval #3. D, #3. E, #3. F,
#3. G, #3. I, #3. K. 4, #3. K. 5,and #3. K. 6. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decisior. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Criste Nicklas,
yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 3
Jack Epple moved to add the words "or the Homeowner's Association." to the end of Condition of Approval
#2. G. Bryant Gimlin 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Bryant Gimlin moved to eliminate Condition of Approval #3. K. 7. 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Bryant Gimlin moved to change Conditions of Approval#3. H and#3. K.3 to read"Fifty(50)'rather than"Sixty
(6C)". 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Arlan Marrs moved that Case S-539 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval with the Planning Commissions recommendation of approval, noting that
the application was in compliance with the proposed Amendment 24. 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
CASE NUMBER: USR-1286
APPLICANT: The City of Greeley
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 of Section 9, Township 5 North, Range 67 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 (Water Pump Station) in the Agricultural Zone District.
LOCATION: 450 feet north of SH 34 west of and adjacent to WCR 19 section line.
Stephen Mokray removed himself from the case as he is a member of the water board.
Sheri Lockman, Planner, presented Case USR-1286 and read the Department of Planning Services
recommendation of approval into the record. Sheri noted that there will be one 24'x34' building above the
ground and that the site will soon is being proposed for annexation into the City of Greeley.
Dan Moore, Representative for the City of Greeley, noted that Sheri had covered the basics and he would
address any questions the Planning Commission might have. Cristie Nicklas asked if there were any other
City of Greeley facilities at the site. Mr. Moore noted that there are several at the site. John Folsom asked
if this site was needed soon, rather than wait for the annexation. Mr. Moore noted that the expansion of State
Farm in the area created a need for the site to begin sooner than the annexation. In response to John
Folsom's question, Mr. Moore noted that the building will be made to blend into the landscape of the area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if the applicant was in agreement with the Conditions of Approval and Development
Standards. Mr. Moore noted that they are in agreement.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 4
Jack Epple moved that Case USR-1286 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bryant Gimlin 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Jack Epple moved to note that Case USR-1286 was in compliance with the proposed Amendment 24 Bryant
Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. ohn
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
CASE NUMBER: Z-551
APPLICANT: Cecil Farms/ Ponderosa Estates
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of AmRE-2019; being part of the S2 of Section 11, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone from A(Agricultural) zone district to PJD with
five (5) E (Estate) lots, and 7.5 acres of open space.
LOCATION: North of and adjacent to WCR 70; east of WCR 33.
Sheri Lockman, Planner, presented Case Z-551 and read the Department of Planning Services
recommendation for approval into the record, noting that the Department of Planning Services did have
concerns regarding the 5,000 head feet lot directly to the north of the proposed subdivision. Ms. Lockman
further noted that the City of Greeley had recommended denial. Also, the city requested he have the road
paved. Planning Staff recommended the road be gravel since it is a non-urban scale subdivision accessing
from a gravel road.
Todd Hodges, Representative for the applicant, handed out a packet that addressed many of the concerns
of the surrounding property owners. Mr. Hodges noted that the North Weld County Water District had stated
that the water supply is going to be adequate for the homes proposed on the site. Mr. Hodges noted that the
soils are not prime, according to several maps and a soil survey. Also, the addition of the four houses is
equivalent to an additional 2 recorded exemptions in the area, as there are already several recorded
exemptions currently in the area. Mr. Hodges also noted that they do not like the following Conditions of
Approval: #1. A, #1. B, #1. C, and #3. A. 3. Mr. Hodges noted that there are 24 mineral owners associated
with the property and he feels that the surrounding property owner letters were adequate notification for this
case and would prefer to not have Condition of Approval #1. A cover this. Todd Hodges also notec the
applicant feels that Condition of Approval #1. C is covered as the applicant is placing a 20' easement in the
area of the tiles and that this easement is within the 60' right-of-way requested by the county, leaving little
chance to develop and damage the drain tiles. Finally, Mr. Hodges noted that the new configuration of the
internal roadway will be brought before the Board of County Commissioners for approval of length beyond the
allowed length, as the road is being reconfigured at the request of Public Works. Mr. Hodges added that the
early water rights will be dedicated to the Homeowner's Association at the final plat, noting that these are early
water rights only.
Arlan Marrs asked if the feed lot pens were against the property line. Todd Hodges noted that they are, hut
that most of the property line that is adjacent to the pens is the green belt. Stephen Mokray asked how many
head were allowed on the feed lot. Mr. Hodges noted that 10, 000 head are allowed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 5
Chris Michael, a nearby property owner, noted that he does not feel this subdivision is consistent, as most of
the homes in the area are several hundred feet apart. Mr. Michael also noted that this property has always
been farmed, even if the applicant says it is not prime. Chris Michael noted that the applicant bought the
property with the knowledge that it was less than 80 acres to farm, and feels the applicant may have been
speculating. Mr. Michael also noted that the water pressure in the area is not sufficient, in spite of what North
Weld Water has stated. Cristie Nicklas asked how many acres Mr. Michael has and if he makes a living
farming. Mr. Michael noted that he has 80 acres and he does not make a living farming.
Sunny Schneider, the owner of the feed lot to the north, stated that they have had a feed lot at this site since
1933 and there are always going to be a scent and flies along the fence line and that the subdivision would
be downwind of the feet lot. Mr. Schneider noted that there is not enough water for the cattle on the North
Weld line,so how can there be enough for 4 more homes. Cristie Nicklas asked how far the lagoons are from
the property line. Mr. Schneider noted there are about 400 feet. Mr. Schneider also asked about the access
road and power line located along the property in consideration.
Derek Schneider noted that he has farmed the land under consideration and produced 35 bushels of beans,
but that the land has not been fertilized recently, which may account for the state of the soil.
John Leffler, a property owner to the east, noted that he feels the feed lot situation will be a large conflict for
the site.
William Southern, a representative for the Beard property to the southwest, noted that he is concerned with
the effect on the drain tiles to the Beard tree claim property.
Kathleen Ottoson,a surrounding property owner, noted that she feels the quality of life will be decreased and
that the traffic on the road is already too busy. Ms. Ottoson noted that she does not feel the road can hardle
the extra traffic.
Mike Unrein, a nearby property owner, noted that the land was farmed until Mr. Ulmer put the property to
grass, and noted that the placement of the future oil well may not be accessible to the mineral owners who
may want to develop their rights.
Todd Hodges noted that some of the subdivision lots are larger than surrounding recorded exemption lots,
and that the lots will not sell if the applicants are uncomfortable with the nearby feed lot. Mr. Hodges also
noted that they have to accept the water district's decision that they are capable of providing the water to the
homes. Mr. Hodges also noted that the tiles are covered by an easement.
Cristie Nicklas asked about the access for the mineral development. Mr. Hodges noted that they left 30' at
the end of the cul-de-sac for access.
Nolan Ulmer,Applicant, noted that the land has not been productive for him and that the choice of buying next
to a feed lot is up to the buyer.
Vernon Cecil, Applicant, noted that they plan on protecting the tile and that the power line will probably be run
from WCR 70.
Cristie Nicklas asked if the applicant was comfortable with the conditions. Mr. Hodges noted that he would
like to see changes to Conditions of Approval #1. A, #1. C, #3. A. 3, and some flexibility to Condition of
Approval #4. A, but that he is comfortable with the rest of the conditions.
Diane Houghtaling noted that she would like to change Condition of Approval #3. A. 3 to read "The nternal
roadway shall be extended to the beginning of Lot Five with an access restriction on Lot 5 to prevent parallel
driveways with the open space. An additional emergency turnaround shall be required and the right-of-way
for the internal roadway shall be dedicated to the county." Todd noted that they would only want to do this if
the fire district requested this. Diane also noted that 1900 feet is excessive for the length of the access road.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 6
Monica Daniels-Mika, Director of Planning Services noted that the length of the road may require the home
to be sprinklered, that this would be dependent upon the Uniform Building Code (UBC). Mr. Hodges noted
that they would like flexibility to work with Public Works, the fire district, and the UBC.
Arlan Marrs noted that the addition of the 2n° cul-de-sac would not slow traffic, that one would probably be
sufficient. Mr. Marrs also noted that the access for the house and the open space area would probably be
a very minimum impact for people driving into the subdivision.
Ms. Daniels-Mika suggested that the decision for the road could be made at the final plat process.
Pam Smith noted that she would like to add a Condition of Approval to ask for a soil boring and septic
envelope on each lot and an indication of seasonal ground water. Todd Hodges noted that they would do this.
Bryant Gimlin moved to add Condition of Approval #3. A. 5 to read "The applicant shall submit soil borings
and percolation tests on each lot and the location of the proposed septic envelopes and the data shall be done
to evaluate maximum season high groundwater conditions." Stephen Mokray seconded the motion.
Arlan Marrs noted that he feels that Condition of Approval#3. C. 3 covers this, but is not strongly opposed to
the addition.
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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Bryant Gimlin moved to change Condition of Approval #4. A. to read "addressed" instead of"transferred to
the Homeowner's Association." 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; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Cristie Nicklas commented that she finds a real problem with houses near a feed lot. She noted that there
are several feed lots in the area and that people do not understand the possible problems until they live near
it. She also commented that the area would accommodate estate lots well.
John Folsom commented that he does feel that PUD estate lots do urbanize areas, but will eventLally be
surrounded by the city where lots are on a sewer system.
Bryant Gimlin noted that he is concerned with the proof of adequate water. Mr. Gimlin noted that someone
is going to gripe, but the right-to-farm is tough about that.
Arlan Marrs noted that he is an advocate of personal property rights and the build up considerable
development in Weld County could be alleviated by the small subdivision. Nonetheless, Arlan noted that as
more people are buying lots near feed lots and dairies,this affects the picture they see of all the feed industry
and that this can affect votes on such things as Amendment 14 and he cannot support this subdivision.
Stephen Mokray noted that the past history of subdivisions near feed lots shows that residents become a thorn
in the side of the feed lot operator.
Jack Epple moved that Case Z-551 be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of denial,citing a lack of compatibility
with surrounding land uses, noting that the application was in compliance with the proposed Amendment 24.
Stephen Mokray seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 3, 2000
Page 7
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Jonn
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Meeting adjourned at 4:50 p.m.
Respectfully submj d
c!'
Trisha Swanson
Secretary
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