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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 2, 1996
TAPE #96-33
The Board of County Commissioners of Weld County, Colorado, met in regular
session in full conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley, Colorado,
December 2, 1996, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tern
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
READING OF
ORDINANCES
BY TAPE: FIRST READING OF ORDINANCE NO. 191: Commissioner Hall moved to allow
the first reading of Ordinance No. 191 by tape, and Commissioner Baxter
seconded the motion, which carried unanimously.
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of November 27 , 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on
November 27, 1996, as follows: 1) Special Review Permit for a dog training
school and hobby kennel (maximum 20 dogs) in the A (Agricultural) Zone
District, Kathryn Walling and J. Hammers(Planner Hodges). Commissioner Hall
seconded the motion, which carried unanimously.
ADDITIONS: There were no additions to the agenda.
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BC0016
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - ARLO KIRKPATRICK, PUBLIC WORKS
DEPARTMENT: Chair Kirkmeyer read into the record said certificate
recognizing Arlo Kirkpatrick for his twenty years of service. Mr. Kirkpatrick was
not present to accept said award.
COMMISSIONER
COORDINATOR
REPORTS: No reports were given.
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 206,831.38
Electronic Transfer:
Payroll Fund $ 78,834.78
Commissioner Webster moved to approve the warrants as presented by
Mr. Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER FY 97-98 STATE TRAILS GRANT APPLICATION, COLORADO
STATE PARKS, FOR POUDRE RIVER TRAIL - MISSILE PARK TO
HIGHWAY 257 AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall
explained the Corridor Board has requested that Weld County sponsor this
grant for improvements. He noted the grant must be sponsored by government.
Commissioner Harbert moved to approve said application and authorize the
Chair to sign. Commissioner Hall seconded the motion, which carried
unanimously.
PLANNING: CONSIDER RELEASE OF WARRANTY COLLATERAL FOR WILLOW
SPRINGS SUBDIVISION, S #352: Gloria Dunn, Planning Department, stated
Habrock Development Corporation has requested the warranty bond for
$8,555.70 be released. She confirmed all improvements have been completed
in accordance with the improvements agreement and stated staff recommends
the Board authorize said release. Commissioner Hall moved to approve the
release of said collateral, and Commissioner Harbert seconded the motion,
which carried unanimously.
Minutes, December 2, 1996 962138
Page 2 BC0016
Let the record reflect this meeting was recessed at 9:10 a.m. to allow for the
completion of the reading of Ordinance No. 191 by tape and to conduct the
Social Services Board meeting. This meeting reconvened at 9:15 a.m.
FIRST READING OF ORDINANCE NO. 191, IN MATTER OF ADOPTING THE
MIXED USE DEVELOPMENT PLAN: Lee Morrison, Assistant County Attorney,
stated testimony, but no action, may be taken prior to the completion of the
tape. Monica Mika, Planning Director, explained the process of planning steps
taken to prepare this ordinance and indicated the staff presentation at the
Planning Commission's hearing was approximately one and one-half hours, for
which 350 invitations were sent. She then reviewed the basic outline of the
Mixed Use Development (MUD) Plan and presented the Board with a
memorandum outlining today's presentation, for which staff used various
overhead displays. Ms. Dunn then referenced Pages 1 through 11 of the Plan
and reviewed the background of the MUD area and the Goals and Policies of
said Plan. Shani Eastin, Planning Department, referenced Pages 12 through
18 presenting the Structural Land Use Categories and Map. Todd Hodges,
Planning Department, referenced Pages 18 through 30 and discussed Common
Open Space, Maximum Lot Coverage, Landscape Regulations, and Section 4.1
of the Appendix concerning Plant Materials. He and Kerri Keithley, Planning
Department, responded to questions from the Board concerning the percent of
common open space required for various land use designations as detailed in
Table 2.2. Drew Scheltinga, Engineer for Public Works Department, referenced
Pages 31 through 38 and explained the Transportation and Circulation
Regulations. He discussed the traffic demand and proposed future
improvements, which are estimated to cost$50 to$80 million, not including 1-25.
Mr. Scheltinga stated the MUD area will be approximately the size of the City
of Loveland once completed; however, he clarified each development must
include an impact and mitigation plan. He further clarified the completion will
occur over a long period of time. Ms. Keithley referenced Pages 39 through 44
and reviewed Sign District Regulations, Infrastructure, and Inventory. She
explained many regulations were extracted from the Zoning Ordinance and
specifically reviewed the new regulations. Ms. Mika then reviewed the
Amendment Procedure in Section 1.1.3 and concluded the presentation. The
Board had no questions for staff at this time. Robert Nash stated he represents
three-fourths of the residents in the MUD Area and suggested letters be sent to
all taxpayers rather than just those in the St. Vrain Sanitation District. He
reviewed an overhead display of proposed changes to Map 2.2, which was later
submitted as Exhibit B for the record, and questioned the gravel mining
intentions in the area. Mr. Nash responded to numerous questions and
comments from the Board, and Ms. Mika referenced Map 3.7 concerning Parks,
Recreation, and Floodplain Resources and reiterated that various issues were
reviewed with citizens and professional consultants. She also discussed Map
2.1 concerning Structural Land Use, noting variables reviewed, and clarified a
Planned Unit Development (PUD) Plan allows flexibility, not just commercial and
Minutes, December 2, 1996 962138
Page 3 BC0016
high intensity uses. Ms. Mika noted citizens' views and requests have changed
over the past two years during the planning of this Ordinance. She also stated
one goal of this Plan was to buffer 1-25 from residential uses and its intent is to
not allow structures which negatively affect each other. Further discussion
ensued among Ms. Mika, the Board, and Mr. Nash, and it was clarified this Plan
is structural and conceptual in nature and is not for zoning. Mr. Nash stated he
represents owners of the larger pieces of property along 1-25 excluding owners
of 100+acres. Let the record reflect Mr. Nash also submitted a hard copy of the
proposed changes to Map 2.2 as Exhibit A for the record. Virginia Shaw stated
she owns property approximately one mile away from the MUD area and voiced
concerns about water and the area being too large. She stressed the need to
keep more area in agriculture, indicating this area is too extensive at this point
to maintain agriculture. Gary Shaw, representing Flat Iron Structures,
questioned the effect on current businesses which are expanding in the MUD
area and noted his company has been negotiating with the Colorado
Department of Transportation. Mr. Morrison explained it depends on where in
the process the business is and noted it is a Board policy decision as to when
to start applying the standards and clarified each development is unique.
Ms. Dunn stated Flat Iron Structures is on the last step of its PUD Plan and
confirmed Mr. Shaw has a copy of this proposed MUD Plan. She stated a
worksession with the Board regarding this matter is probably necessary. Mr.
Morrison and Mr. Scheltinga further discussed fees associated with
construction, which are still in the conceptual stage and probably will not be an
issue for Mr. Shaw. Kris Pickett stated the Plan is well organized; however, he
has certain concerns which he will present in writing regarding the percentages
required for Common Open Space. Discussion ensued among Mr. Pickett, Mr.
Hodges, and the Board, and Ms. Mika clarified each plan will be reviewed
individually to maintain flexibility and work with the physical attributes of specific
sites. Mr. Pickett suggested the starting point of the percentages be more
equitable, and Ms. Mika suggested staff prepare drawings indicating
percentages of 15, 20, and 25. She reiterated the goal is to have an intensity
that fits within the community and is aesthetically pleasing. Cheryl Koenig
commented on the City of Longmont and questioned how growth will be
addressed and who will maintain the 25-percent of open space. Artie Elmquist
referenced the structural land use map and questioned how change to the map
will be prevented. He also questioned the status of the proposed site for Care
International and voiced further concerns about the map becoming interspersed
with various types of development. Ms. Mika explained the purpose of the map
is a skeletal framework and noted Care International has not yet submitted a
final application. She clarified the same map is already in the Comprehensive
Plan, which can be amended no more than twice per year. Chair Kirkmeyer
clarified the developers want flexibility. Mr. Elmquist also commented on the
boundaries for the MUD area and the impact of an intergovernmental
agreement with the City of Longmont. Chair Kirkmeyer noted the City of
Longmont has held monthly meetings for over two years, and the open space
around Union Reservoir, proposals for annexation into Weld County, and
Minutes, December 2, 1996 962138
Page 4 BC0016
another arterial road through the area have been considered. She stated,
however, the impact cannot be determined until the proposal is finally reviewed.
Ms. Mika then submitted into the record the mailing certification for the MUD
Plan meetings which were mailed to the entire St. Vrain Sanitation taxing
district. Mr. Morrison stated he is not certain of the exact boundaries of said
district. Commissioner Hall moved to approve Ordinance #191 on first reading
as recommended by the Planning Commission, with the percentages of
Common Open Space to be determined at the second reading and to review
further information from Planning staff and Mr. Nash regarding the effects of the
proposed MUD area to the citizens. Commissioner Harbert seconded the
motion. Mr. Morrison clarified for the record the tape is complete. The motion
then carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 191 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 11:15 a.m.
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Dale K. Hall
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Minutes, December 2, 1996 962138
Page 5 BC0016
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