HomeMy WebLinkAbout20001958.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 18, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, July 18, 2000, in the Weld
County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present
John Folsom Present
Jack Epple Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Present
Also Present: Anne Best Johnson, Monica Daniels-Mika, Department of Planning Services; Pam Smith,
Department of Public Health and Environment;Diane Houghtaling, Public Works;Bruce Barker,Weld County
Attorney; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on July 6, 2000,was
approved as read.
Monica Daniels-Mika, Director of Planning Services, noted that the election of officers could be added to the
agenda at this point. Michael Miller moved that the election of officers be added to the agenda, to take place
after the two cases currently on the agenda. Cristie Nicklas 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; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes, Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-538 (Continued from 4-4-00)
APPLICANT: Charles Saxton and Don Sherwood / Hanover Subdivision
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Located in the SE4 of Section 7, and the NW4 of Section 17, and the N2 of
Section 18,T2N, R68W of the 6th P.M.,Weld County, Colorado. For exact
location, please call the Department of Planning.
RE:QUEST: PUD Change of Zone on 430 acres located in the Mixed Use Development Area.
LOCATION: North of and adjacent to WCR 20-1/2; east of and adjacent to WCR 1.
Monica Daniels-Mika, Planner, presented Z-538, and stated that the applicant has asked for a continual ce,
indefinitely and noted that the Department of Planning Services is in agreement with this continuance.
The Chair asked if there was anyone in the audience who wished to speak for or against this continual ce.
No one wished to speak.
Stephen Mokray moved that Case Z-538 be continued indefinitely. Cathy Clamp seconded the rnol ion
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; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp. yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 18, 2000
Page 2
CASE NUMBER: Ordinance 147 and Ordinance 191
APPLICANT: Louis Rademacher and R& M Land Company and Columbine Land Resources
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Comprehensive Plan (Ordinance 147) and Mixed Use Development
(MUD)Plan Structural Land Use Map 2.1 to include 1)an 80-acre parcel,and 2)an 240-acre
parcel. These amendments necessitate additional changes to reflect accurate land use as
follow: Comprehensive Plan Table 5, Comprehensive Plan Urban Growth Bounday Map
MUD Plan Section 1.1.2, MUD Plan Maps 1.1 and 2.2. Other amendments to both
Ordinances include document-wide renumbering, spelling corrections, type face, and
alignment for consistency in both documents. Comprehensive Plan specific amendments
include page 1-1 to reflect current amendment years; amendments to the Right to Farm
Covenant, Amendment procedure; and design standard in Section 10. MUD specific
amendments include Section 1.1.2. to reflect current boundaries and acreage and cross-
reference to Map 2.1 rather than 1.1; placement of Map 1.1 in the Background Document;
Design Standards in Section 2; pages 45-47 to reflect correct plan species nomenclature
and provide a greater selection.
LOCATION: Applicant#1)Located in the N2 NE4 of Section 36,Township 3 North, Range 68 West of the
6th P.M.,Weld County, Colorado. Applicant#2) Located a portion of the SW4 NW4 and all
of the SE4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County,
Colorado.
Anne Best Johnson, Planner, presented the changes to Ordinance 147P and Ordinance 191E, noting the
application for inclusion of one 80-acre parcel and one 240-acre parcel into the MUD District and some
changes to the two ordinances concerning maps and grammatical corrections. Anne presented the Iwo
applications for inclusion into the MUD separately, starting with the inclusion of the 80-acre parcel by R & M
Company, under Louis Rademacher. The second application was presented for the 240-acre parcel by
Columbine Land Company,under Doug Tiefel. Ms.Johnson noted that the Department of Planning Services
had to delay setting the hearing date as they were waiting for a traffic impact study from Applicant#1,deciding
to set the date without this study because they did not want to penalize Applicant #2 and delay them any
longer. Anne Best Johnson noted that the addition of these two parcels would necessitate changes to several
maps and tables in both the Comprehensive Plan and the MUD Plan. Staff comments recommended
Applicant#1 submit the required study prior to scheduling a Board of County Commissioners hearing.
Anne presented the changes to Ordinance 147P, including some grammatical changes, changes concerning
the amendment years, amendment procedure, design standards, amendments at the request of Public
Works, and changes to the Right to Farm Covenant.
Cathy Clamp asked why the comment stating"Parents are responsible for their children," is being removed
from the Right to Farm Covenant. Anne noted that when staff looked back at the creation of the Right to Farm
Covenant, it was believed that this was just a comment made at the meeting and mistakenly added to the
Ordinance. Bruce Barker noted that it has been included since the original ordinance was recorded. Gristle
Nickles,who was a part of the committee that created the Right to Farm Covenant, noted that the committee
wanted to include that statement in the Right to Farm Covenant.
John Folsom asked why there is only one applicant listed on the agenda and the legal notification and if it is
okay to continue. Bruce stated that since the legal descriptions for both properties are listed separately on
legal notice and agenda both are acceptable and it is alright to continue. John Folsom asked why the hearing
process did not start in May as is required on pages 1-2 of the Comprehensive Plan. Anne noted that the
applications were received in time, but the hearing date was delayed as Applicant#1 had not turned in the
traffic impact report. John Folsom asked if there were the two deeds required for the application. Anna noted
that both properties did turn in the appropriate deeds. John also asked if there was a press release issued.
Anne noted that a press release was sent out to the South Weld Sun, the newspaper the county is required
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 18, 2000
Page 3
to use for legal publication and press releases. John Folsom noted that the developments were not to be in
natural hazard areas, but that this area is in a flood plain and Mr. Folsom asked if the Department of Planning
Services found this application appropriate for future development in these areas. Anne stated that the
applicants are better able to answer questions about future mitigation and engineering associated with their
properties. John Folsom asked why this area is being added to the MUD area when so much of it has not
been developed, asking why not wait until the rest of the MUD is developed before adding in to this area.
Anne noted that the Department of Planning Services' Staff concurred that the application would receive
favorable recommendation from the department. John also asked why this area of farmland is being removed
from agricultural zoning if the Comprehensive Plan states the goal to preserve prime farmland. Anne stated
that applicant #1 stated the 80-acre property is not suitable for farming. Applicant #2 state the 240 acre
parcel is currently being reclaimed from gravel mining. John Folsom noted that these areas are in the
Firestone Comprehensive Plan area as future open space and asked if this is in violation with the Firestone
IGA. Anne stated that these parcels are not within the Firestone IGA agreement with Weld County. John also
asked if this application is in the public interest. Anne noted that the Department of Planning Services Staff
concurred that this follows the intent of the Comprehensive Plan.
Cathy Clamp asked if there would still be options available to the applicants to develop their property if they
were not approved for inclusion in the MUD area. Anne noted that there were the regular options open to the
residents of the county, but being included in the MUD allows for more intense development.
Bryant Gimlin asked if there would be an agreement with the St.Vrain School District. Bruce noted that cloy
development that does happen will have to go through the regular subdivision and land use processes and
an agreement will be reached at that time.
Louis Rademacher, Applicant#1, stated that he would like to include his land in the MUD district in orde to
have more options when he decides to let someone develop his land. Mr Rademacher noted that this land
is not very productive and that since the sewer line runs right by the property, it would be good to have ready
for development options. Mr. Rademacher further noted that the reason that they had not yet turned in a
traffic impact study is that they are unsure of how the property will be developed.
Michael Miller asked about the high density development being proposed by applicant#1. Mr. Raderacher
noted that nothing is set in stone and that is the reason a density traffic impact study yet had not been
submitted.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ginny Shaw of St.Vrain concerned citizens stated that they are concerned with the schools in the area, that
the MUD is too large already, and that developments should happen in the city.
Jack Epple noted that the school capacity levels will need to be addressed, but that if the farmer who has
farmed this land since 1949 states that it is difficult to farm why should the Planning Commission choose to
draw the line just in front of his property if services can be provided.
John Folsom stated that he feels these proposals typify urban sprawl and this level of development should
be accomplished by annexations into towns. He also noted that he feels there is already adequate land in the
MUD for development.
Arlan Marrs noted that since these developments are adjacent to the MUD area and services,these additions
to the MUD allow the landowners to increase their options.
Cathy Clamp noted she would not like to limit the farmer to few options if services run by their land.
Arlan Marrs noted that the addition of this land to the MUD does not grant development rights, but allows for
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 18, 2000
Page 4
future development which will require service agreements.
Jack Epple agreed that anything proposed there will need to go through a development process.
Arlan Marrs moved that R & M Land Management (Applicant# 1)with the 80 acre parcel located in the N2
NE4 of Section 36, Township 3 North, Range 68 West of the 6'h P.M.,Weld County, Colorado be included in
the Comprehensive Plan, MUD Plan, Weld County Code 2000-1 and Map#2.1 be changed to include this
parcel, be forwarded to the Board of County Commissioners along with the 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, no; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant 3irriin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion passed.
Doug Teifel, Applicant#2, stated that he has an option to buy this property. Mr. Teifel noted that there were
problems with the gravel mine on the property and he assumed reclamation responsibilities and the wetlarids
maintenance. Mr. Teifel also noted that he plans to keep the lakes on the property and have approx mately
40 one-acre lots with the remainder in permanent open space.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Arlan Marrs moved that Columbine Land Resources,Applicant#2 with the 240 acre parcel located in a portion
of the SW4 NW4 and all of the SE4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld
County, Colorado be included in the Comprehensive Plan, MUD Plan, Weld County Code 2000-1 and Map
#2.1 be changed to include this parcel, be forwarded to the Board of County Commissioners along with the
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.
Discussion concerning the best wording for the Right to Farm Covenant followed, with concerns to tie new
wording of advisement and the changes Public Works made to the Comprehensive Plan. Cristie Vick las
noted that the committee that updated the Comprehensive Plan discussed in length the additior of the
"Parents are responsible for their children" and that if the wording is changing from "covenant" to
"advisement",this wording should definitely stay. Fred Walker noted that people who take great care with their
children would not take offense to this wording. Discussion followed concerning other places to have the Right
to Farm information available to the public.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cathy Clamp moved that the wording"Parents are responsible for their children," be left in the Right to Farm
and placed at the end of the fourth full paragraph. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 18, 2000
Page 5
Arlan Marrs moved to change the title of the Right to Farm Covenant be changed to"Weld County's Right to
Farm" and that the last paragraph be inserted after the 2n° paragraph and placed as the third complete
paragraph. Cathy Clamp 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 3im'iin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Cathy Clamp asked about the addition of highly invasive plan material to the MUD Ordinance. Anne noted
that these types of plant material could be uses on steep slopes where nothing else will grow, and p operty
owners should be alerted to the growth habit of all plant material.
Cristie Nicklas moved that staff recommendations to the Comprehensive Plan, County Code 2000-1 with ,he
exception of the previous two applications already voted on with amendments to the Right to Farm be
forwarded to the Board of County Commissioners 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 3im'in,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Anne Best Johnson presented the MUD changes to the Planning Commission,which include changes to the
plants available for landscaping, maps removed from the MUD and placed in the background ordinance and
moving maps. Anne also noted that the sign definition will be clarified,that the tables will be kept in one place
and noted where these can be found to avoid not updating at proper times. Anne noted that the background
document will be brought before the Planning Commission at a later date.
Diane Houghtaling noted that the MUD district will be changing as Public Works looks at the roads in the area.
John Folsom asked questions concerning working with municipalities on keeping these roads the same
through where they may run. Cathy Clamp asked if there will be public notices for this process. Diane noted
that there will be 8 public meetings, as well as to the Planning Commission and the Board of County
Commissioners. John Folsom noted that public notices are also published on the county website.
Stephen Mokray moved that the staff comments on the third component of Ordinance 191 D, County Code
2000-1 be forwarded to the Board of County Commissioners with the Planning Commissions recommendation
of approval. Cathy Clamp 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 Gin,lin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Stephen Mokray moved to nominate Michael Miller for Chair of the Planning Commission. Jack Epple
seconded the motion.
John Folsom moved to nominate Cristie Nicklas for Chair of the Planning Commission. Cathy Clamp
seconded the motion.
Jack Epple moved to close the nominations. Arlan Marrs seconded the motion.
A silent vote commenced with Cristie Nicklas being elected Chair of the Planning Commission.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 18, 2000
Page 6
Stephen Mokray moved to nominate Michael Miller for Vice-Chair of the Planning Commission. CristieNick'as
seconded the motion.
Jack moved to close the nominations. Cristie Nickles seconded the motion.
Cristie moved to cast a unanimous ballot. Cathy Clamp seconded the motion. Unanimous vote elects
Michael Miller Vice-Chair of the Planning Commission.
Meeting adjourned at 4:00 p.m.
Respectfully subm itte
C,._dr7 tt��,,�,..t
Trisha wanson LA,
Secretary
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