HomeMy WebLinkAbout970713.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 18, 1997
A regular meeting of the Weld County Planning Commission was held March 18, 1997, in the County
Commissioners' Hearing Room (Room #101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chairman, Arlan Marrs.
Tape 522
Glenn Vaad
Rusty Tucker
Fred Walker
Shirley Camenisch
Cristie Nicklas
Jack Epple
Marie Koolstra
Ann Garrison
Arlan Marrs
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Also Present: Monica Daniels -Mika, Director, Todd A. Hodges, Current Planner II, Shani L. Eastin, Current
Planner, Department of Planning Services; Lee Morrison, Assistant Weld County Attorney; Don Carroll, Weld
County Public Works; Tammie Pope, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on March 4, 1997, was
approved as read.
CASE NUMBER: S-420
CURRENT PLANNER: Todd A. Hodges
APPLICANT: Meadow Vale Farm, Inc.
REQUEST: Planned Unit Development Final Plan for Filing II, Meadow Vale Subdivision (78 lots)
LEGAL DESCRIPTION: Part of the SW4 of Section 4, T2N, R68W and part of the SE4 of Section 5, T2N,
R68W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 119; west of and adjacent to Weld County Road 5.5.
For a more precise location, see legal.
Todd A. Hodges stated that there was an addition to the Department of Planning Services' Staff
Recommendation, #2S, as follows: No lot other than Block 13, Lots 3 & 4, Block 16, Lots 8 & 9, and Block 17
may be conveyed unless an improvements agreement for the construction phase the lot is in has been
approved and collateral accepted or the improvements serving the lot completed. No Building permits shall
be released for Block 13, Lots 3 & 4, Block 16, Lots 8 & 9, or Block 17 until improvements serving the lots have
been completed. Mr. Hodges explained this addition was made because the lots specified are to be conveyed
to the resident of the existing farm on the property, to children within the family of the developer, and the St.
Vrain School District prior to any construction on the property.
Mr. Hodges explained that there will be 78 lots in Filing II, with four construction phases. The improvements
agreement is currently being reviewed by the Colorado Department of Transportation, the Weld County Public
Works Department, the Weld County Attorney's Office, and the Department of Planning Services.
The Department of Planning Services' staff recommends approval of this application with the Conditions of
Approval.
Shirley Camenisch asked if the main entrance into the site is going to be changed. Mr. Hodges stated that the
main entrance will remain. There is a temporary entrance in the southern portion which will be gated after
construction. This will be for use by the Mountain View Fire Protection District.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 18, 1997
Page 2
Glenn Vaad asked for clarification as to why #2S was added. Mr. Hodges stated that this will allow for the
conveyance of the school district lot, two lots to the farmer who is living on the property now, and two lots to
remain in the family of the developer. This will allow for conveyance but it will not allow for any building permits.
Floyd Oliver, applicant, explained the proposed site has been in his wife's family for 70 years. He is president
of the developing entity, Meadow Vale Farms, Inc., and his wife, Kathryn Oliver, is the owner. Mr. Oliver stated
that Mrs. Oliver has made a commitment to give the school district the 10 acre parcel in the northeast corner
of site for tax purposes, she wants to give the farmer two lots as a gift for his 22 years of farming devotion, and
she wants to give two lots to her daughters who live out of state so they will still have a part of the "old farm".
Shirley Camenisch asked if the applicant has approached the school district and if they are willing to take on
the 10 acres. Mr. Oliver stated that they contacted the school district long ago before they even received a
zoning change, and are committed, in writing, to give the school district the land. The school district has looked
at the site and feels it is a wonderful site for an elementary school, but it will probably be a number of years
before they will build.
Arlan Marrs asked how the plan to irrigate with non -potable water was coming along. Mr. Oliver stated that
they are meeting in Water Court March 26, 1997, to get permission to build a 5-1//2 acre foot reservoir mostly
for fire protection. Most of the irrigation water will come from the Oligarchy Ditch, which comes in at the
northwest corner of farm. There will be another storage reservoir built at that location for irrigation. They also
have a decree on drainage water that flows down Highway 119. Left Hand Water District will provide water
for internal household use only.
Shirley Camenisch asked the applicant if the 5-1/2 acre pond will be used for drainage. Mr. Oliver stated no,
the retention pond will be on the property he owns on the east side of Weld County Road 5-1/2.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chairman asked the applicant if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Oliver stated that he was in agreement.
Shirley Camenisch asked Don Carroll if Weld County will maintain the interior roads in the development. Mr.
Carroll stated that the County will, once they have been built to County standards. Ms. Camenisch questioned
why, since the County doesn't usually go into housing developments. Lee Morrison stated that most of the
recent proposals brought before the Planning Commission have been non -County maintenance. However,
in the past, most proposals were set up to where the County would assume maintenance. The Board of
County Commissioners has reconsidered the current policy, and will now accept these roads. By placing a
higher burden on the developer to improve the roads to start with, the County will, as a tradeoff, bring them into
the County system. Don Carroll stated that Weld County Road 5-1/2 currently meets State Highway 119 at
an angle. The County will trade right-of-way with the applicant to straighten this out so that the roads meet
at a 90 -degree angle for better sight distance and a safer intersection.
Marie Koolstra moved that Case S-420, Meadow Vale Farm, Inc., be forwarded to the Board of County
Commissioners with the Conditions of Approval and Development Standards with Planning Commission's
recommendation for approval. Glenn Vaad seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Glenn Vaad-yes; Cristie Nicklas-yes; Fred Walker -yes; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes;
Shirley Camenisch-yes; Arlan Marrs -yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 18, 1997
Page 3
CASE NUMBER: USR-1141
PLANNER: Shani L. Eastin
APPLICANT: Steven and Pamela Rowen
REQUEST: A Site Specific Development Plan and Special Review permit for a tree farm and home
business (mold making) in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the NE4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 5; approximately 1/4 mile south of State Highway
52. For a more precise location, see legal.
Shani L. Eastin presented a brief summary of the proposal. The applicant is trying to preserve productive farm
ground by operating a tree farm, which is use allowed by right in the Agricultural zone district. The home
business is located in an existing outbuilding. The Department of Planning Services' staff recommends that
the Planning Commission approve this proposal with the Conditions of Approval and Development Standards.
Shirley Camenisch questioned condition #2C. Ms. Camenisch asked why it states the applicant shall attempt
to comply with Mountain View Fire District's requirements, rather than stating the applicant shall comply. Ms.
Eastin stated that the fire protection district is asking the applicant to comply with some things that the Weld
County Building Code does not enforce. Therefore, this condition asks that the applicant attempt to meet the
requirements and show whether they can come to some type of agreement. Lee Morrison stated that counties
are not allowed to adopt fire codes, so there are times when conflicts arise between fire protection district's fire
codes and the Weld County Building Code. Therefore, the language of this condition is looser than in the past
to allow room to work through any differences.
Glenn Vaad asked for the genesis of this application and any violations involved. Ms. Eastin stated that there
was initially a complaint made by a surrounding property owner concerning the mobile home on the property
being used for a purpose other than what was permitted. Julie Chester, the Weld County Zoning and
Compliance officer, went to the property, and after talking with the property owner, discovered that there was
a business operating there and a recreational vehicle, approximately 9 feet wide and 12 feet long, being used
as an accessory to the business, housing an employee.
The applicant, Steven Rowen, explained that he is operating a very quiet business building plastic injection
molds, which supports his core business located in Boulder, Colorado. (The business in Boulder does injection
molding, making components for the computer, medical, and aerospace industries.) Mr. Rowen stated that
this home business is very clean, causes no pollution, and uses minimal, mostly biodegradable chemicals.
Mr. Rowen stated that eventually he would like to add approximately 600 square feet to the existing business.
Mr. Rowen's only issue with the Conditions of Approval was that the Health Department could not locate a
septic permit for the septic system (item #2B), but he is willing to do whatever it takes to comply with this
condition.
Mr. Rowen stated that he has talked to his neighbors regarding the situation. Some of them were opposed,
but some of them based their decision on erroneous information. Mr. Rowen stated that one neighbor to the
south had concerns about the recreational vehicle on the property, so he is willing to put up a tall, wooden
fence. He is also willing to landscape in order to be unobtrusive.
Arlan Marrs asked how many employees the applicant is asking for. Mr. Rowen stated five. Mr. Marrs asked
what hours they would be working. Mr. Rowen stated that the earliest starting time would be 5:30 a.m., and
that they would not work past 6 p.m.
In regards to traffic, Mr. Rowen stated that there was initial traffic as he was getting the business set up, but
now there are very few deliveries. These deliveries are made by UPS or by a van similar to a UHAUL moving
van. He goes to his customers mostly, so it is not like a retail business.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 18, 1997
Page 4
Arlan Marrs asked what is the purpose of the recreational vehicle. Mr. Rowen stated that the man who
maintains the tile floors of the business lives in the recreational vehicle.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Larry Bearly, surrounding property owner to the south of applicant, reiterated some of the objections stated in
his February 19, 1997, letter to the Department of Planning Services. Mr. Bearly stated that the recreational
vehicle is setting on an electrical easement and under a guide wire. He submitted pictures of the type of
deliveries made to the property one or two times per week. Mr. Bearly is concerned that this will set a
precedent that neighbors will follow, as he has talked to some surrounding property owners who have said that
if this application is approved, they too would like to start a home business. Mr. Bearly stated that he has talked
to Jay Dunlap with the City of Boulder Zoning Department, and that department has had problems with the
applicant's property in Boulder. Mr. Bearly asked what would happen if the applicant sold the business down
the road. Mr. Bearly also expressed concern regarding property values of surrounding properties.
Shani L. Eastin stated that two Building Inspectors visited the site and indicated that the recreational vehicle
met the setback requirements. The Weld County Zoning Ordinance does not refer to the placement of a
structure under a guide wire, but Ms. Eastin stated that she can check with a Building Inspector regarding the
Weld County Building Code Ordinance.
Arlan Marrs asked what Weld County's requirements are for this type of recreational vehicle in relation to a
business. Ms. Eastin stated that it is allowed as long as the occupant is principally employed on the property.
The proper permits for a mobile home would be a building permit and a Special Use Zoning Permit. Since this
is a recreational vehicle, as long as it is properly licensed and tagged, no building permit is required. Ms.
Eastin stated that the vehicle does have the proper license plates.
Mr. Marrs asked Ms. Eastin to address home businesses within Weld County. Ms. Eastin stated that home
business are allowed throughout the County, by special review, as long as they are associated with the
principal dwelling unit as far as being the primary occupation of the residents.
Mr. Marrs asked about the permit in relation to future uses of the property. Ms. Eastin stated that the permit
is valid as long as the use remains the same as the Special Use Permit. Any deviations would require the
applicant to either amend the Special Use Permit or apply for a new Special Use Permit.
Jan Jones, surrounding property owner to the north of the applicant, stated that the applicant's business is very
quiet. Ms. Jones stated that she works nights, which means she is home during the day, and she was not even
aware, prior to notification, that there was a business operating. Ms. Jones stated that while riding her horse
recently, she counted 23 mobile homes on surrounding properties within eight miles. Ms. Jones stated that
she feels safer knowing that there is someone living in the recreational vehicle, close to her property.
Darrell Stapleton, surrounding property owner to the south of the applicant, stated that he has a business on
his property raising tropical birds, which is noisier than the applicant's business. Mr. Stapleton stated that he
has no problems with Mr. Rowen's business or the tree farm request, but he feels that mobile homes detract
from the value of surrounding properties. However, since the applicant is willing to put a up a fence, Mr.
Stapleton has no concern with the recreational vehicle remaining.
The Chairman asked the applicant if he would like to address any of the issues brought up. Mr. Rowen stated
that while living in Boulder he received a noise complaint regarding a phase converter, which is a piece of
equipment approximately as loud as a central air-conditioning unit. Mr. Rowen stated that he also received
a barking dog citation, but the charge was dropped. Mr. Rowen stated that there are not large truck deliveries
made to the property several times a week.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 18, 1997
Page 5
Shirley Camenisch asked the applicant what he plans to do with the trees from the tree farm. Mr. Rowen stated
that he is currently working with the Colorado Forest Service and has not yet decided between the options they
have offered.
The Chairman asked the applicant if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Rowen stated yes, except for the concern he previously brought up regarding condition #2B.
Since no one was present from the Weld County Health Department, Shani L. Eastin explained that in
situations where the Health Department cannot locate a septic permit number, the applicant is asked to provide
more information to assist the Health Department. Once the septic permit number is located, they make sure
it meets current ISDS regulations. If it does not meet the standards, the applicant is required to bring it up to
code.
Arlan Marrs asked if the septic system would have to meet current standards or the standards in place at the
time of installation. Lee Morrison stated that if there was a change in use, the system would have to meet
current standards. Otherwise, if its not presenting a health hazard, and it was legal at the time it was installed,
it would just have to meet standards in place at the time of installation.
Glenn Vaad moved that Case USR-1141, Steven M. and Pamela J. Rowen, be forwarded to the Board of
County Commissioners with the Conditions of Approval and Development Standards with Planning
Commission's recommendation for approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Glenn Vaad-yes; Cristie Nicklas-yes; Fred Walker -yes; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes;
Shirley Camenisch-yes; Arlan Marrs -yes. Motion carried unanimously.
Meeting adjourned at 2:35 p.m.
Respectfully submitted
Tammie Pope
Secretary
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