HomeMy WebLinkAbout20010540.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 19, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, December 19, 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
Cristie Nicklas Present
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Fred Walker Present r '113a i
John Folsom Present `)
Jack Epple Absent ' " O1" c O
Michael Miller Absent ??
Stephan Mokray Present j
Arlan Marrs Present t)
Bryant Gimlin Present w
Cathy Clamp Present
Also Present: Kim Ogle, Sheri Lockman, Monica Daniels-Mika, Robert Anderson, Anne Best Johnson,
Department of Planning Services;Trevor Jiricek, Department of Public Health and Environment; Don Carroll,
Public Works, Lee Morrison, Assistant County Attorney; Trisha Swanson, Secretary.
The summary of the meeting of the Weld County Planning Commission held on November 21, 2000 was
amended to include more detail on the comment made by Jack Epple on page 3 and the summary of both
the November 21, 2000 and the December 5, 2000, meeting was approved as read.
CASE NUMBER: USR-1302
APPLICANT: L. Blake Nelson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of Section 6, Township 2 North, Range 67 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Commercial
Recreational Facility (Roping Arena) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 26 and west of WCR 15.
Sheri Lockman, Planner, presented Case USR-1302 and noted that the Department of Planning Services is
requesting an indefinite continuance to allow the applicant time to work out water and access issues.
Arlan Marrs noted that the site has been in operation for some time and questioned whether these issues
going to make the applicant cease to operate. Sheri Lockman noted that the access is part of the Firestone
Trail and the Town of Firestone will not allow the access. Ms. Lockman noted that the applicant is pursuing
a lawsuit to fight this as the bridge that would be required for the other access is very expensive.
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 USR-1302 be continued indefinitely. 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; Bryant Gimlin,yes; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
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2001-0540
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 19, 2000
Page 2
CASE NUMBER: USR-1276
APPLICANT: STROMO LLC, John Moser
PLANNER: Julie Chester
LEGAL DESCRIPTION: Part of the SW4 of Section 26,Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site
and Facility(Composting Facility).
LOCATION: South of WCR 30, approximately 1 3/4 miles west of WCR 49.
Monica Mika, Planner, noted that the Department of Planning Services is requesting a continuance to
February 6, 2001, as the Department of Planning Services has not received a referral from the State.
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 USR-1276 be continued to February 6,2001. John Folsom 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; Bryant Gimlin, yes; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-1199
APPLICANT: Katharine Oliver
PLANNER: Anne Best Johnson
LEGAL DESCRIPTION: SW4 of Section 4,Township 2 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
REQUEST: Amendment to a Site Specific Development Plan and Special Review Permit to amend out
approximately 44.42 acres of a gravel mining operation in the Agricultural (A)Zone District.
LOCATION: North of and adjacent to SH 119; east of and adjacent to WCR 5.5.
Anne Best Johnson, Planner, presented Case AmUSR-1199 and noted that the Department of Planning
Services is recommending approval of this application for the removal of 44.42 acres from the original mining
site. Ms Johnson noted that this application is the result of Conditions of Approval for MeadowVale Phase
II Change of Zone and Final Plats. Ms. Johnson also noted that the applicant has received a release from
the Mineral and Geology Department of the State in 1998 and has filed a CLOMR(Conditional Letter of Map
Revision)with FEMA as the flood maps that are associated with the area do not list flood levels. Ms.Johnson
noted that the applicant is concerned with Condition of Approval #2. B as there is no septic at the site.
John Folsom asked about a drainage report. Ms. Johnson noted that the engineer for the applicant, Mr.
Ketterling, is working with Diane Houghtaling of Public Works.
John Folsom noted that a letter from the Water Board notes that the mapping for the area is not sufficient and
that the CLOMR only affects development. Anne noted that the foundations of the homes will be engineered
and floodproofed.
Floyd Oliver, representative for the applicant, noted that they have applied for the CLOMR, that he has
received verbal approval and that the structures built will be above the flood level. Mr. Oliver noted that his
engineer has gone to a lot of work to establish numbers for the flood plain and that FEMA will accept this.
Mr. Folsom noted that he contends that the county standards do not establish any type of standard at all.
Floyd Oliver noted that not only does the county not have the standards, even FEMA is unable to prduce the
elevations in the area.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 19, 2000
Page 3
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. Oliver indicated that they are in agreement.
Fred Walker asked Mr. Oliver if there is any compensation for the studies conducted in the area. Mr. Oliver
noted that his engineer found that the studies conducted in the area show an eight foot difference in flood level
in less than 1/3 of a mile. Mr. Oliver noted that the U.S.Army Corps of Engineers did do a study in the area,
but that they will not release the findings of that study.
Cristie Nicklas asked Trevor Jiricek if the County should make any moves concerning the septic by Western
Mobile without a permit. Mr. Jiricek noted that, to the best of his knowledge, there has not been a septic
installed in the area. Mr. Oliver noted that portable toilets have been used, not septics.
Bryant Gimlin moved that Case AmUSR-1199 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; Bryant Gimlin, yes; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1305
APPLICANT: Surprenant(VoiceStream Wireless)
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4 of Section 28,Township 9 North, Range 66 West of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a Major Facility of a Public
Utility (153 foot monopole towner) in the Agricultural Zone District in conjunction with a
Subdivision Exemption for a Public Utility.
LOCATION: East of and adjacent to WCR 29.5; north of WCR 100.
Kim Ogle, Planner,presented Case USR-1305 and read the Department of Planning Services'comments for
approval into the record.
John Folsom had questions concerning the Condition of Approval #3. C, with the non-commercial junkyard
noted on the site. Mr. Folsom asked if this placed a burden upon the applicant, as the property owner is the
one who is not in compliance.
Kim Ogle noted that the property owner has written a letter (Exhibit 16) to state that he is in the process of
removing the items that are creating the violation. Lee Morrison noted that the land owner is still the one to
deal with the issue and that if the lessee will not be able to operate, the landowner will not get their
compensation.
Gristle Nicklas questioned if the non-commercial junkyard makes it harder for a farm owner to operate,
wondering if this places a burden upon the farmer. Lee Morrison noted that the Zoning Ordinance grants
more leniency to farms for equipment and materials,that farms are anticipated to have what would normally
be a derelict vehicle. Fred Walker noted that the Special Use Permit is only for part of the land,why should
this affect all of the property. Lee Morrison noted that farms are given more leniency. Mr.Walker noted that
he feels the concept is over-reaching.
Kim Ogle noted that the site has a boat with a hole in it, no trailer or tags, debris, solvent cans, and a large
brush pile that could encourage rodents. Mr. Walker noted that because this is not on the actual site, he still
feels this is over-reaching. Arlan Marrs noted that he agrees with Mr. Walker.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 19, 2000
Page 4
John Folsom noted that this violation comes to the Department of Planning Services'attention because of the
application. Trevor Jiricek noted that both the Code Compliance part of the Department of Planning Services
and the Department of Public Health and Environment set a violation only upon complaints or upon land use
applications. Mr. Jiricek noted that it is easier on the applicant to add it as a Development Standard than as
a separate violation. Mr. Morrison noted that the landowner is a part of this application, that along with the
additional ability available with the application come additional responsibilities. Mr. Walker noted that if the
county wants to encourage people to comply, the county needs to realize that coming to the Planning
Department scares them, that they feel they might be opening a can of worms.
Babette Sangster,representative of the applicant, noted that she has spoken with the Town of Nunn and the
Fire Protection District and they have no worries about this application. Ms. Sangster also noted that they
would prefer that the Condition of Approval #3. C not be part of their application, as it may cause a delay.
Cristie Nicklas asked why Voicestream will not be locating on a nearby existing tower. Chris Tenning,a Radio
Frequency Engineer for VoiceStream, noted that this is to create full coverage along Highway 85, to allow
continuous coverage in a moving car as well inside of buildings in the Town of Nunn. Cristie Nicklas asked
if other companies would be allowed to co-locate on this tower. Mr. Tenning noted that up to two more can
co-locate on their tower when the tower is under maximum load.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Fred Walker noted he would prefer to see a better definition of the property, if this meant the area of the
application or the entire property. Bryant Gimlin noted that the landowners are leasing this property out and
collecting money, that he feels that letting them off the hook on this issue is not proper.
Cathy Clamp noted that she does not have problem with the property owner cleaning up their property, but
placing a burden on the applicant does not seem right.
Arlan Marrs moved to remove Condition of Approval#3.C and renumber. 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; Bryant Gimlin, no; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried.
The Chair asked the applicant if they were in agreement with the amended Conditions of Approval and
Development Standards. Ms. Sangster indicated that they are in agreement.
Stephen Mokray moved that USR-1305 be approved along with the Conditions of Approval and Development
Standards. 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; Bryant Gimlin,yes; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1307
APPLICANT: Brad and Teresa Kramer
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lot 19, Peaceful Acres Subdivision, Ft. Lupton, Section 6, Township 4
North, Range 68 West of the 6th P.M., Weld County, Colorado.
REQUEST: Accessory Building with gross floor area in excess of 4% of the total lot area in a recorded
subdivision.
LOCATION: 660 S. McKinley Avenue, Ft. Lupton, CO 80621.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 19, 2000
Page 5
Robert Anderson, Planner, presented Case USR-1307 and read the Department of Planning Services
recommendation for approval into the record. Mr. Anderson noted that the applicant is requesting a garage
larger than the 4% allowed in a subdivision.
Brad Kramer, Applicant, noted that he just likes to mess around in his garage and his current garage is not
as large as he would like.
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 the applicant if they were in agreement with the amended Conditions of Approval and
Development Standards. Mr. Kramer indicated that he is in agreement with all but the 20'required setback
from Peyton Land, as this will take up a large amount of his backyard, noting that he would prefer a 14'
setback.
Trevor Jiricek noted that the Department of Public Health and Environment would support this change as this
would allow for more room in case the septic failed and a second leach field is required.
Mr. Anderson noted that this is the required setback from the public right-of-way and utility easement. Mr.
Anderson also noted this condition will possibly cause more problems when it comes time to issue a building
permit. Cristie Nicklas asked if the applicant would still need to go through a Board of Adjustment hearing to
have the smaller setback if the Planning Commission granted it as part of the Special Use Permit. Lee
Morrison noted that the USR could cover the requirement if it were addressed in the Development Standards.
Discussion followed concerning allowing the setback at 14'as a trade-off for the septic system requirements.
Robert Anderson suggested a possible Condition of Approval to read "The plat shall be amended to show
the allowed setback at 14'from the public right-of-way off Peyton Lane."
Bryant Gimlin moved that Case USR-1305 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Cathy Clamp, yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Meeting adjourned at 2:40 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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