HomeMy WebLinkAbout20001118.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 21, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, March 21, 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 Present
Jack Epple Present
•
Michael Miller Absent
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Sheri Lockman, Julie Chester, Chris Gathman, Kim Ogle, Department of Planning Services;
Don Carroll, Diane Houghtaglin, Public Works; Sheble McConnellogue, Pam Smith, Trevor Jiricek,
Department of Public Health and Environment; Lee Morrison, Bruce Barker, Weld County Attorney; Dave
Sprague, Building Inspection; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on March 7, 2000,
was approved as read.
Fred Walker, Chair, asked to be excused from Case Z-537 as it was in his area and he would not want there
to be bias in the decision. Cristie Nicklas chaired Cases Z-536 and Z-537.
CASE NUMBER: Z-536
APPLICANT: Robert L. Parsons- Skylark Ranch
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of AmRE-2357; Part of the SE4&SW4 of Section 8,Township 7 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate.
LOCATION: Approximately 800' north of Hwy 14 and approximately % mile east of WCR 15.
Sheri Lockman, Planner, presented Case Z-536 and asked for a continuance as the applicant needs time to
work on the access with Public Works. Sheri asked that the case be continued to April 4, 2000.
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 Z-536 be continued to April 4, 2000. 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 Nickles,
yes; Fred Walker, declined. Motion carried unanimously.
CASE NUMBER: Z-537
APPLICANT: Cullison Family Farms LLC /George A. Nelson Farm Inc.
PLANNER: Julie Chester
LEGAL DESCRIPTION: Parts of Section 28 and 33, Township 7 North, Range 67 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for 114 Residential lots with 58.17 acres of
Common Open Space on 380 acres in the Agricultural Zone District.
LOCATION: East of SH 257, North of WCR 74, South of WCR 78.
Cart fOrala— 69-03-02000 2000-1118
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 2
Julie Chester, Planner, presented Case Z-537 and read the recommendation into the record. The Department
of Planning Services is recommending denial of this case. Julie stated that the referrals from the Department
of Public Health and Environment recommended this case be denied as their reports show high ground water
and a possible inadequacy in the septics for this subdivision. Julie noted that the Department of Planning
Services is recommending denial because this is an urban scale development outside of the Urban Growth
Boundary of Windsor and is not compatible with surrounding land uses. Julie also noted the following
changes: change#7 A on page 9 to read "The applicant shall comply with designated street signs and stop
signs as required by Weld County Public Works Department at the appropriate locations adjacent to State
Highway 257." Julie added three letters to the record, two from the applicant and one from the Windsor
Planning Commission.
Stan Everitt, representative for the applicant, presented the Soaring Eagle Ranch change of zone application.
Mr. Everitt stated several points, which are stated below.
-The applicant feels this subdivision does fulfill Goal 2 of the PUD ordinance.
-They have worked with the Division of Wildlife to protect, as best as possible, the riparian tree stand in the
center of the subdivision with a 300' buffer zone. This will also include an interpretive station away
from the trees.
-Wetlands corridor will be protected and enhanced.
- Larger lot sizes by lake and by the State Highway to keep buildings farther from these areas.
- Unique building and landscape envelopes to keep more areas open with native grasses.
-Tract along the Larimer/Weld Canal for possible trail.
- Septic systems will be situated at the highest point on the property and pumped by the homeowners
association every 4 years.
The Planning Commission members had several questions for the applicant. Stephen Mokray asked about
the effect on the school system. Mr. Everitt stated that the school district requested a fee in lieu of land
dedication. Stephen was also curious about the agreements with the water supply and fire districts. Mr.
EEveritt stated that they had an agreement for tap water from North Weld Water and an agreement with the
irrigation ditch company for irrigation rights. Stan Everitt further stated that they are working with the fire
district, but that the district will soon have enough pressure to cover the subdivision as well. Stephen Mokray
had some questions about the Sheriffs Office being able to cover the area. The Sheriffs's Office stated they
could cover this area.
Stephen Mokray asked Pam Smith if the Department of Public Health and Environment was concerned with
the contamination of the reservoir. Pam stated that they are more concerned with the high water table, the
bedrock. Nitrogen does not filter through a conventional I.S.D.S. septic system and could, at this density,
contaminate the Windsor Resevoir. Stephen asked the best way to deal with these problems, which Pam
stated that an independent sewer treatment system or package system to treat the nitrate levels, or possibly
an aeration treatment system which could add a cost of$5,000 per septic system.
John Folsom asked the applicant if there was flooding in the area. Mr. Everitt stated that there is an area that
may flood downhill to the southwest corner, but that there will be a retention pond placed there to avoid the
drainage from moving off the land. John also questioned how many large animals there would be in the
subdivision. Mr. Everitt stated that only the larger lots along the State Highway will be allowed to have
animals, and only 1-3 on each lot. John asked about overgrazing, which Mr. Everitt stated will be controlled
by the homeowners association. John questioned the loss of Prime Farm Ground with this subdivision. Stan
noted that this property is difficult to farm as it is along the highway and has a canal in the property. Mr.
Folsom asked Mr. Everitt if there were acceleration or deceleration lanes along the entrances. Stan stated
that they have met and exceeded the requests by the Colorado Department of Transportation.
Cristie Nicklas asked how close the trail would be to the Larimer/Weld ditch and if there was going to be a
problem accessing the ditch for repairs. Stan stated that the ditch company will have as much access, if not
more, than they have now, to the ditch.
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
March 21, 2000
Page 3
Manuel Pineda, a property owner to the south stated that he supports this application and feels it is compatible
with several other subdivisions in the area. Mr. Pineda also stated that the water used to irrigate this land
could be sold for more than any crop on the property, making this a wise move for use of the land.
Tom Moore, property owner of the land directly south of the proposed subdivision, stated that if anyone should
be worried about this subdivision, it should be him. He stated that he supports this subdivision application.
Arlan Marrs asked if the annual inspection of the septic systems made it clear that the septics needed to by
pumped more often. Mr. Everitt stated that this is part of the deal with the annual inspections. Arlan also
asked if the applicant would have a statement to stress the agricultural nature of the area on the plat, as well
as in the contracts. Mr. Everitt stated that this will be a part of the covenant as well.
John Folsom asked why this subdivision did not annex to Windsor. Stan noted that the town of Windsor is
looking to more toward 1-25 and wants to keep its annexations along that line. He also noted that this
subdivision is outside the Urban Growth Management Area associated with Windsor.
Jack Epple asked Julie if there were any PUD's of this size without a sewer system associated with it. Julie
noted that the largest PUD since the PUD Ordinance has been in place(January 1997)with septics is Moriah
Estates, which has 23 lots.
Julie noted that the Planning Department is concerned with the urban scale development of this subdivision
outside of the urban area of Windsor, the septic systems in conjunction with the groundwater, the bedrock,
the wildlife, road impacts of this many lots upon county roads away from the subdivision, and the safety of the
access.
Bryant Gimlin noted that he understands the Department of Planning Service's concerns, but feels the only
true issue is with the Department of Public Health and Environment and the septic systems. Pam Smith
stated the impact of the water hitting the bedrock and heading straight to the lake. She noted that this may
or may not affect the irrigation water. Different options that may work for the septic were discussed by the
Planning Commission members, Pam Smith, and the applicant. Is was also noted that the Resevoir may be
used for recreational purposes in the next 5-10 years.
Arlan Marrs stated that he understands the reluctance of the Planning Department to approve the application,
but noted that the intent of the Comprehensive Plan is to get well thought subdivisions. Arlan asked if it would
be better to have all of these lots close together, rather than many scattered small subdivisions around the
farmside.
Stan noted that#4 I on page 7 mentions an easement agreement with Thompson Lake, but that this lake is
dry. The applicant wishes to remove this language. Julie noted that #7 A on page 9 should read State
Highway 257, not WCR 13. The Department of Planning Services is in agreement with these changes. as
is the Planning Commission.
Arlan Marrs moved that Case Z-537 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the addition of#5 N. to read "Irrigation water from
the Larimer/Weld Canal is not potable and may cause health, safety, and welfare problems if used for
purposes not intended. The intended use is for irrigation and not for human use." and the addition of#2 E.
to read "The applicant shall enter into an agreement with the Larimer/Weld Canal to address ingress and
egress necessary for the operation and maintenance of the ditch. A copy of this agreement shall be submitted
to the Department of Planning Services." with the Planning Commissions recommendation of approval.
Bryant Gimlin seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, no; Jack Epple, no; Bryant Gimlin, yes; Cristie Nicklas, no;
Fred Walker, declined. Motion ties.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 4
Jack Epple wished to comment that although he feels this has met many of the conditions, he feels that in the
future there will be many more of these developments and the septic is going to become more and more of
a problem.
Stephen Mokray commented that he agrees with Jack Epple with his concerns about the septic systems and
would like to see a consideration of a localized plant.
Cristie Nickles commented that the Planned Unit Development was designed to manage growth, but that even
though this is a well thought out development, the density outside the Urban Growth Boundary is too much
and will set too strong a precedent for future developments.
CASE NUMBER: USR-1256
APPLICANT: Robert Pittington
PLANNER: Chris Gathman
LEGAL DESCRIPTION: NW4 NE4 of Section 6, Township 4 North, Range 68 West of the 6th P M.,
Weld County, Colorado.
REQUEST: Special Review Permit for Excavation Business.
LOCATION: South of and adjacent to SH 60; west of WCR 3.
Chris Gathman, Planner, presented Case USR-1256 and read the Conditions of Approval and Development
Standards into the record. Chris noted that the Development Standards 1, 2, 7, 11, 12, and 13 have been
added as well as Conditions of Approval A, D, and E. Chris also stated that an additional memo with 3
additional conditions pertaining to demolition permits, building permits, and fuel tank permits is to be added
to the Development Standards. Chris stated that the Department of Planning Services is recommending
approval of this application.
Fred Walker noted that a specified list of equipment for the site is restricting and should be changed in case
the applicant added a piece of equipment in coming years. John Folsom asked what the height of the
screening would be. Chris noted that he was not sure, but some of the equipment would be stored in the
building. Bryant questioned the need for a building permit and a permit from the Oil and Gas Commission for
the fuel tank if it was small and private in use. Chris noted that Dave Sprague, Lead Building Official, had
made those as recommendations.
Helen Pittington, Applicant, stated that she and her husband wanted to move their business out of the city as
it:is getting difficult to turn onto roadways in town with the equipment. They also wanted the business centered
at their residence as they did not want to have to drive 15 miles to their current location to do repair on the
equipment, as they repair the equipment in the evening. Mrs. Pittington noted that the fuel tank is only 1,000
gallons for diesel fuel. John Folsom asked where the equipment would be stored when not on a job. Mrs.
Pittington stated that they would work with the screening and keep the larger equipment further from the fence
to help keep it screened.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Jim
Mucklow, a property owner to the north, noted that he was never notified, that no one in Larimer County was
notified. Mr. Mucklow brought in several pictures of the vehicles on the lot in town, stating that he hoped that
not all of these vehicles would be on the USR property. Mr. Mucklow also asked how much damage would
be done to the road by these vehicles.
Floyd Aim, a surrounding property owner,was upset with never being notified. Tom Kasupski, who lives 1000'
north of the property is concerned with the devaluing of his property with the site near his property and the
smell of diesels in the morning. Ted Schrange, a nearby property owner, is happy with this use being on the
site, as the former hog farm located there smelled a lot worse than a few diesels in the morning. Carolyn
Zimmerman, the former property owner, stated that this property would be difficult to sell as a hog farm since
the passage of Amendment 14. She noted that after they paved the area for the hog farm, it would be hard
for anyone to use this for any other animal raising. Ms. Zimmerman noted that there is very little traffic from
this use and that the new owners will be making use of the existing buildings on the site.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 5
Lee Morrison, Assistant County Attorney, noted that the Department of Planning Services has paperwork to
back that they sent out letters to property owners within 500' that they received notice of from the applicant.
Mr. Morrison also noted that it is only required to send notice to the mineral owners of the property. Lee noted
that the Department of Planning Services is responsible to post a sign,which they have a picture of as exhibit
26, but that people may have removed the sign at a later time. Fred Walker asked Lee to explain why this
is not a change of zone as one neighbor noted. Lee explained that the county zoning ordinance allows for
industrial and commercial uses in the ag districts with this special permit, in order to avoid spot zoning.
Dave Sprague, Lead Building Official, noted that with a 1,000 gallon tank with no island, they would only
require an electric permit. He stated that he misunderstood Chris Gathman's questions about the size of the
tank, and that#3 on the memo would not be necessary. Sheble McConnellogue, Department of Public Health
and Environment, noted that they would recommend a cement berm at 110% capacity, but not require it.
Sheble stated that a previous requirement from the Department of Public Health and Environment should
cover this.
Bryant Gimlin moved to add the words "as applicable" to#2 and delete#3 in the memo received for Case
USR-1256. 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; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1256 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards as amended 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; Fred Walker, yes. Motion carried unanimously.
John Folsom commented that he is concerned with the access, but apparently access is not an issue with the
Colorado Department of Transporation.
CASE NUMBER: USR-1257
APPLICANT: Docheff Dairy
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SW4 of Section 29, Township 3 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding Operation
for 1800 head of cattle and 24 horses in the Agricultural Zone District.
LOCATION: North of WCR 28 and east of WCR 3.
Sheri Lockman, Planner, presented Case USR-1257 and read the Conditions of Approval and Development
Standards into the record. Sheri noted that a previous SUP 438 will be vacated and that the USR boundary
will be amended to cover all of Lot B RE-1495.
Jim Docheff, Applicant, stated that his family has had a dairy there for 20 years and is looking to enlarge it as
he and his three sons will be earning a living from this dairy.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Larry French, a surrounding property owner, noted that he lives across from the dairy and that it is a well run
dairy and he supports this application.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 6
Tom Haren, representative for the applicant, noted that Development Standards#23 through#29 seem to be
covered by Development Standard #22 and that they would prefer to have just the one all-encompassing
Development Standard on the permit. Discussion followed concerning the need for these Development
Standards.
Cristie Nicklas moved to delete Development Standards#23, #24, #25, #26,#27, #28, and#29. 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; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1257 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards as amended and renumbered 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. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Town of Kersey IGA
APPLICANT: Town of Kersey
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Kersey and Weld County.
Anne Best Johnson, Long Range Planner, presented the Town of Kersey IGA. The Department of Planning
Services is recommending approval of this application. Anne asked Bruce Barker to discuss the changes to
the IGA from previous IGA's. Bruce noted the following two changes: the removal of Section 3.5 (iii) as it was
redundant to previous subsections and a time limit of 12 months for submitting a substantially similar request
to the county after an annexation has been denied by the town.
Fred Walker asked if the time limit that is applied to the county could be applied to the towns as well, to make
it less possible to table the applications.
Glen Hansen, Vice Chair for the Kersey Planning Commission, was representing the town of Kersey. Arlan
Marrs asked if surrounding property owners were notified and if the town would truly be able to supply water
and sewer to the area included in the Urban Growth Boundary. Glen noted that the applicant had to pay the
cost for extending the lines, but that the town was in the process of a sewer study that would better note what
services could be provided. Arlan noted that people in the Urban Growth Boundary area would be affected
by the town's decision, yet they are unable to vote for town elections. Fred Walker further noted that all the
property owners affected need to be notified what is happening with this agreement. John Folsom questioned
if notification would make that much of a difference to those in the area. Cristie Nicklas noted the hope that
this would open a dialogue between the different agencies in 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.
Jack Epple moved that the Intergovernmental Growth Agreement for Kersey be forwarded to the Board of
County Commissioners along with the Planning Commissions recommendation of approval. Stephen Mokray
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, no; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, no; Cristie Nicklas, yes;
Fred Walker, no. Motion carried.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 7
Fred Walker commented that it is getting better, but not all has been done for the people involved.
CASE NUMBER: Town of Mead IGA
APPLICANT: Town of Mead
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Mead and Weld County.
Anne Best Johnson, Long Range Planner, presented the Town of Mead IGA. Anne noted that the changes
to all three IGA's presented today were being asked for by the Town of Mead. Bruce Barker noted the
following two changes: the removal of Section 3.5 (iii)as it was redundant to previous subsections and a time
limit of 12 months for submitting a substantially similar request to the county after an annexation has been
denied by the town.
Mike McDonough with the town of Mead presented information concerning the IGA process from the
beginning. The town of Mead has been working on this general idea for several years. 300 survey's were
handed out to all the property owners within the growth area,with 72 surveys being returned. Changes were
made to the Urban Growth Boundary at the request of specific property owners, some of which wanted to be
included in the area.
Arlan Marrs commented that he wished Mead had been the first IGA to be presented, that they have done a
great job and would have presented an excellent precedence for other towns. Fred Walker asked about the
time line for the town to hear an application, that the town should schedule these applications as soon as
possible.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bryant Gimlin moved that the Intergovernmental Growth Agreement for Mead be forwarded to the Board of
County Commissioners along with the Planning Commissions recommendation of approval. Stephen Mokray
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs commented that language for the city to move within a time line as well as the county should be
added.
Bryant Gimlin commented that he commended the town of Mead for contacting and working with the property
owners as well as putting thought into their Urban Growth Boundary line.
Fred Walker commented that Hell doeth froze over with his vote of yes on this IGA.
CASE NUMBER: Milliken IGA
APPLICANT: Town of Milliken
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Milliken and Weld County.
The Planning Commission commented that they would prefer to have a representative from the town present
to answer some questions about the IGA process. The members of the Planning Commission felt this is a
more appropriate and detailed picture for the individual IGA.
Cristie Nicklas moved that the Intergovernmental Growth Agreement for Milliken be continued until April 4,
2000. Stephen Mokray seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 8
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; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 5:55 p.m.
Respectfully submitted
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Trisha Swanson
Secretary
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