HomeMy WebLinkAbout991615.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 15, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday June 15, 1999, in Room 210,
Weld County Departmeit of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Vice-Chairman, Jack Epple, at 1:30 p.m.
ROLL CALL
Marie Koolstra Absent
Jack Epple Present
Cristie Nicklas Present
Fred Walker Present r I.
Bruce Fitzgerald Present
Michael Miller Absent
a
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Monica Daniels-Mika, Director, Julie Chester, Planner II, Anne Best Johnson, Long Ridge
Planner, Ben Patton, Planner, Sheri Lockman, Planner, Department of Planning Services; Lee Morrison,
Assistant County Attorney; Sheble Mc Connollogue, Health Department; Don Carroll, Publics Works; Jennifer
Mehring, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on May 18, 1999,
was approved as read.
CASE NUMBER: Ordinance 147Q and 191E (Cont. from 6/1/99)
APPLICANT: Tuttle Applegate, Inc.
PLANNER: Anne l3est Johnson
LEGAL DESCRIPTION: Lot B of RE-459 (157 acres); Lot B of RE-1417 (92 acres); SE4 of Section
32, T3N, R68W, of the 6th P.M., Weld County, Colorado.
REQUEST: Amendment to Map#2.1: Structural Land Use Plan of the Comprehensive Plan and MUD
Plan to include 406 acres designated for Residential development.
LOCATION: /2 mile west of WCR 5,WCR 26 on the South, approximately '/ mile South of WCR 30, and
Union Reservoir on the West.
Anne Best Johnson, Department of Planning Services, stated that she had received a request from the
applicant to withdraw Case Ordinance 147Q and 191 E. The Department of Planning Services supports this
request and is asking the Planning Commission to Dismiss these particular cases. Anne added that the
applicant was not present.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Stephan Mokray moved that Case Ordinance 147Q and 191 E, be withdrawn. Cristie Nicklas seconded the
motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Criste Nicklas,yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
991615
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 2
CASE NUMBER: Z-524 (Cont. from 6/1/99)
APPLICANT: Western Dairymen /Idaho Creek
PLANNER: Ben Fatton
LEGAL DESCRIPTION: Part of the NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD (Residential)for 360 lots in the MUD.
LOCATION: Approximately 1/8 mile south of State Hwy 119, and approximately 1/8 mile east of WCR 7.
Ben Patton, Department of Planning Services, presented Case Z-524. Changes to the preliminary comments
have been made and the new comments are updated. Ben gave an overview of the application, and stated
the Department of Planning Services is recommending approval of the application, along with the Conditions
of Approval. Ben ther read the recommendation into the record.
Scott Carlson, applicant, explained that he and his brothers have the opportunity to purchase this property
from Western Dairymen Association. Mr. Carlson said that there is approximately 100 acres included on the
site. There is a lake on the West side of the Property that they would like to preserve and a ditch on the east
side that they won't disturb. To the South there is vacant land that will likely be urbanized some time in the
future. The area that trey would like to develop currently has a high water table and the depth of the sewer
line is about 6-feet. Mr. Carlson commented that after researching their options, they have decided to go with
a simple stick:built house subdivision. This subdivision is to provide single family, owner occupied housing.
He added that they have been working with the Water District for a while, and that there won't be any problem
getting a written agreement from the water district. Mr. Carlson stated that both Chris Pickett and Marvin
Dyer are present to answer any questions.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Ginny Shaw, representative of the St. Vrain Concerned Citizens. She commented on several concerns that
they had. The MUD it dicates that residential developments are to be low density. However, this application
does not represent a ow density residential development. There is only one access road in and out of the
subdivision. She talked about the soil conditions and how this subdivision would be built in the Flood Plain.
Between the County and the surrounding municipalities, there will be multiple jurisdictions. Ms. Shaw stated
that they would like to see a much lower density residential area, where the land owners would be able to
obtain livestock or other types of agricultural attributes.
Cristie Nicklas asked if the applicant currently has any written tap agreements with Left Hand Water District.
Mr. Carlson, replied that a letter was submitted this morning, which confirms that they will have 150 taps.
They are still working on the language for the line extension fees and the other costs to bring the remaining
taps on site.
Cristie Nicklas asked Ben if he had received a copy of the letter that was submitted this morning. Ben
answered yes.
Fred Walker asked Mr. Carlson if the 150 unit taps were all inclusive with phase one. Mr. Carlson stated that
this is part of the condition that stated that the applicant will provide an agreement or other evidence of the
total number of taps.
Stephan Mokray asked Mr. Carlson where the remainder of the taps stand at this point. Mr. Carlson explained
that the other taps include infrastructure improvements. They have a tap purchase agreement with Left Hand
Water District. This will enable them to proceed on a future scheduled date, when the water district needs to
begin their infrastructure, to meet their anticipated water demands. Mr. Carlson added that they will prepay
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 3
the water district for a block of taps in the amount necessary to fund the infrastructure. Therefore, they are
working on the language of the tap purchase agreement with the water district.
Jack Epple asked Don Carroll, Public Works, if this application included a road maintenance agreement. Don
replied that prior to recording the final plat, the applicant will have to enter road improvement agreements for
off site, which would be Weld County Road 7.5. Don added that the applicant will also need to provide an
internal route system.
Bryant Gimlin asked what the response was from the school district in regards to the impact this subdivision
will have on them. Mr. Carlson said that his perception was that they will give the School District a school site.
They would have a oint access agreement, which would enable them to use the lake as an outdoor
classroom. The School District has conditionally agreed to accept this school site. Ben added that there are
provisions in the Conditions of Approval that if the school site cannot be accepted then it will revert to open
space for the PUD.
Fred Walker moved teat Case Z-524, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Gristle Nickles,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1233
APPLICANT: Dennis Timmreck/Jason Andryshak
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the SW4 of the SE4 of Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for a Home Business
in the A(Agricultural) Zone.
LOCATION: North of and adjacent to State Highway 52; approximately '/ mile east of WCFt 1.
Ben Patton„ Department of Planning Services, presented Case USR-1233 and read the recommendation into
the record. Ben stated the Department of Planning Services is recommending approval of the application
along with the Conditons of Approval and Development Standards.
Wendy Timmreck, applicant was present and had no comments.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application,.
Sharon Hopper, surrounding property owner, stated that she would like to know what kind of home business
this will be. Mrs. Timmreck explained that their business is mail processing. This business consists of
addressing envelopes, inserting mail, metering mail for bank services and commercial businesses. She
added that noise is not particularly involved and no waste is generated. The most visible impact would be
driving the mail to the post office.
The Vice-Chairman asked Mrs. Timmreck if she was in agreement with the Conditions of Approval and
Development Standards. Mrs. Timmreck stated she was in agreement.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 4
Cristie Nicklas moved that Case USR-1233, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mc kray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-587
APPLICANT: Hard-_e Holsteins, c/o Lester Hardesty
PLANNER: Julie Chester
LEGAL DESCRIPTION: The NW4 of Section 10, T6N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service
establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Livestock Confinement Operations (a dairy for
1850 head of cattle).
LOCATION: South of and adjacent to Weld County Road 72 and east of and adjacent to Weld County
Road 31.
Julie Chester, Department of Planning Services, presented case AmUSR-587, and read the recommendation
into the record. The Department of Planning Services is recommending approval of the application along with
the Development Stardards and Conditions of Approval.
Les Hardesty, applicant, explained that the competitive nature of the dairy industry has brought them to apply
for this permit. The dairy industry is a rapidly changing industry, and the lowest cost of production will be the
rule in the future. This industry favors most efficient production and the economic conditions now and in the
future will dictate how large dairies' are. Mr. Hardesty concluded that he hopes this permit will set the stage
for the future of their family farm.
Stephan Mokray asked Mr. Hardesty how many head of cattle they have at the present time. Mr. Hardesty
replied that they have 700 head of cattle.
Sherrill Hardesty, applicant, stated that they are not applying for this permit strictly for economic reasons.
Their intentions are to take care of their cows and to keep their business running in the same manner, but to
be economical in the luture.
Stephan Mokray asked the applicants if they are aware of the several letters from surrounding property
owners addressing concerns of the run off issue. Mrs. Hardesty said that they were aware of the letters.
Stephan then asked the applicants if they are currently taking any actions in regard to these letters. Mrs.
Hardesty replied that they have taken action to help resolve the issue. The pictures of the run off are from
a very difficult storm that produced close to ten inches of rain in a ten day period. Mrs. Hardesty said that
although they did wha:they could to prevent the run off, they were unable to control the situation. Currently
with the help of EnviroStock, they have implemented part of a management plan and have placed three foot
berms along the road:. She added that they have not had any problems with the new management plan and
don't anticipate any more problems with the run off.
Phil Brink, EnviroStock and representative for the applicants, was present and had no comments.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 5
Doug Campbell, Patina Oil and Gas Corporation, stated that they are not opposed to the expansion of this
dairy operation. He reiterated what was stated in a letter from Patina Oil and Gas Corporation. He added that
he wanted to work wits the applicants on additional language to keep their access to the wells available.
Lonnie Ochner, Agricultural Banker, commented that he was in favor of this case. He said that he felt it was
important to promote and preserve good agricultural operators. He has worked with the Hardesty's for a long
time and is aware of how they operate and manage their dairy. Mr. Ochner stated that the Hardesty's keep
their dairy very clean and well maintained. The corrals drain well and don't have any water pools. He added
that the Hardesty's rave great management skills and feels that they have the ability to expand in an
appropriate manner with the least amount of impact on surrounding property owners.
Bill Wailes, Extensiorary Specialist at Colorado State University, stated that it was very easy for him to
recommend this application because the Hardesty's run one of the best dairy operations in the State of
Colorado and in the United States. He said that they have cow comfort and cleanliness. Mr. Wailes
concluded that Mr. Hardesty is a member and chairman on several different dairy advisory committees.
Richard Doll. Dairy Veterinarian, explained that he has worked with approximately 12,000 milk cows in 25
dairies, in and around Weld County. With this experience he felt that the Hardesty's run a top notch dairy.
Mr. Doll said that the Hardesty's exceed their everyday duties on the dairy. He added that the Hardesty's
cows are well-taken care of and that shows in their milk production.
Stephan Mokray stated that the Hardesty's proposal shows a tremendous amount of growth. He then asked
the applicants to explain what they have done to their facility to anticipate the growth. Mr. Hardesty replied
that most of the needed structures and corrals are already intact. They will add a couple of employee housing
units and one more corral. Mr. Hardesty also stated that they are working with EnviroStock to retain their
drainage.
Bryant Gimlin commented that one of the surrounding property owners had written a letter regarding the down
stream drainage. He then asked the applicants how they intend to address the down stream drainage when
it leaves their property Mr. Hardesty answered that they have talked with their neighbors and have a plan that
can work, once it has been implemented. Phill Brink, representative for the applicant, explained that they have
currently constructed a berm to the north perimeter of the facility. The run off will be contained in an existing
lagoon and a new lagoon that will be placed in the future.
Jack Epple asked if the calculations for the lagoon were based from the 25-year, 24-hour storm. Mr. Brink
replied yes, that both the existing and new lagoon would be adequate to hold a 25-year, 24-hour storm event.
The Vice-Chairman asked the Hardesty's if they were in agreement with the Conditions of Approval and
Development Standards. Mr. Hardesty replied that they had one concern. Mr. Brink stated that on
Development Standard #20, it indicates that all four structures for employee housing shall be removed or
appropriate permits sr all be obtained if the dairy operation should cease. He explained that there are three
structures currently or site, one is a modular and the other two homes were built prior to this dairy operation.
The two stick built :;tructures should qualify as existing structures. Therefore, they would like this
Development Standard to indicate two structures instead of four. Julie commented that there will be five total
structures, one of which will be the principal dwelling. The other four would be accessory structures, although
they can set two of these structures up as nonconforming uses. Lee Morrison, Assistant County Attorney,
stated that if these two houses are established as non-conforming uses, there is a process that will allow
them to remain on the property, if the dairy operation should cease.
Julie said that building permits have been required when there is a change of occupancy of the building use.
Because of these types of circumstances, this Development Standard is placed in this kind of Special Use
Permits.
SUMMARY OF THE VELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 6
Stephan Mokray moved to add Condition of Approval#2L to read, "Non-Conforming Use applications and
permits will be established on the two accessory structures located on the property," along with subsequent
renumbering and to change the number of structures in Development Standard #20, from four to two. Arlan
Marrs seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Grist a Nicklas,yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Stephan Mokray moved that Case AmUSR-587, 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. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray, yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1232
APPLICANT: James Anderson and Mike Smith
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-281; the NE4 and the E2 of the NW4 and Part of the N2 of the SE4
of Section 32, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a guest farm in the
Agricultural Zone District.
LOCATION; East of and adjacent to Weld County Road 3 %, west of and adjacent to Weld County Road
5 and 1/4 mile north of State Highway 52.
Sheri Lockman, Department of Planning Services, presented Case USR-1232. The Department of Planning
Services is recommending approval of the application along with the Conditions of Approval and the
Development Standards. Sheri then read the recommendation into the record.
James Anderson, applicant, explained that this farm has been in his family for more than 40 years and the
guest farm would brinci in a little extra income to keep up with the farm without having to sell the ground. The
farm will continue to be a working farm, which will produce corn, wheat, and alfalfa. In addition to the normal
farming activities, they would like to share this farm with their surrounding neighbors and create a guest farm.
Mr.Anderson said that,they would like to hold several different farm activities throughout the year: a pumpkin
harvest, hayrides, corn field maze, wedding receptions, family gatherings, etc. He concluded that he hopes
that this farm would be able to educate people on agriculture and in turn generate extra income to keep this
farm.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
The Vice-Chairman asked the applicant if he was in agreement with the Conditions of Approval and
Development Standards. Tom Haren, representative for the applicant, stated that they had concerns on a
couple of the Development Standards. On Development Standard#14, the number of people allowed to use
the facility shall not exceed 400 people. Mr. Haren said that there will be occasions when they hold special
events, where this number might exceed 400 people. Mr. Haren then addressed the issue on the secondary
parking. He said that the secondary parking was an alfalfa field and the applicants were not worried that this
parking might damage any crops.
Lee Morrison, Assistant County Attorney, stated that they would need specific references to the temporary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 7
assemblage ordinance. Anything in excess of the 400 allowed in the permit, the applicants would need to
apply for and obtain a Special Assemblage Permit from the Board of County Commissioners. Mr. Morrison
clarified that temporary Assemblages Ordinance does allow overnight camping. If there is going to be an
excess of 400 people. this will exclude overnight camping.
Mr. Haren said that they don't have an issue with overnight camping. He asked if the process of obtaining
a temporary Assemblage Ordinance take two to three months. Lee Morrison replied that the process takes
more than thirty day:; although it may be accomplished in less than sixty days. This permit would be
scheduled in front of the Board of County Commissioners.
Mr. Haren commented that they can definitely control the catered and special events. However, during the
corn maze and the pumpkin harvest, 400 people is a very specific number. He added that he would like to
make this number more lenient.
Lee Morrison explained to Mr. Haren that the 400 people is defined as to how the application is interpreted.
Are the 400 people defined as at any one time or 400 people in one day? Arlan Marrs stated that he
interpreted Development Standard# 14 to read 400 people at any one time. Bryant Gimlin commented that
the interpretations of any one time is consistent with the application.
Mr. Haren indicated that he would like the 400 people to be changed to 500 people. Fred Walker stated that
he doesn't have a prcblem with changing the number of people, because this is such a positive agriculture
activity.
Arlan Marrs said that they could raise the number to 499 and anything over that will require a Temporary
Assemblage Permit.
Jack Epple asked Mr. Haren if he would be okay with changing the number from 400 to 499. Mr. Haren
replied that was perfect.
Arlan Marrs moved to change Development Standard #14 to read, "The number allowed to use the facility
shall not exceed the amount approved by Mountain View Fire District or the Weld County Building Inspection
Department, never to exceed 499 at any one time," and to add Development Standard #22 to read, "The
applicant must obtain a Temporary Assemblage Permit in compliance with Ordinance 85 for any activity
including more than 4.99 participants at any one time, providing no overnight camping is authorized by this
Development Standard." Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin,yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs moved that Case USR-1232, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and amended Development Standards with the Planning Commissions
recommendation of a 3proval. Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 8
CASE NUMBER: S-492
APPLICANT: Beebee Draw do Jim Fell
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTIC N: Sections 3,4, 5, 8, 9, 10, 15, 16, 17, T3N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Consolidated Service Plan for BeBee Draw Farms Metropolitan District One and Two
LOCATION: Nine (9) miles south of Greeley, approximately at the intersection of Weld County Road 38,
Weld County Road 39 and Weld County Road 32 (located next to Milton Reservoir) of the
6th F.M., Weld County, Colorado.
Monica Daniels-Mika, Department of Planning Services, presented the Consolidated Service Plan for BeBee
Draw Farms Metropol tan District One and Two, and read the recommendation into the record. Monica stated
that The Department of Planning Services is recommending approval of the application, along with the Weld
County Attorney's Office and Weld County Finance department.
Paul Cockwell, representative of the applicant, commented that they did submit this application to be in
compliance with the State Law.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Arlan Marrs asked if this case was forwarded to the Board of County Commissioners. Lee Morrison, Assistant
County Attorney, replied yes and explained that there was a similar Metro District for the BeeBe Draw Pud that
was approved a few years ago, but is barely getting off the ground. A metropolitan district is a form of local
government as an elected Board of Directors. He added that a Metropolitan District is a number of functions
that may include water, sewer, and may enforce road and fire safety. They do not have land-use and law
enforcement authority.
Mr. Cockwell reiterated the functions of a Metropolitan District. He added that a Metropolitan District may
cooperate with the County's Sheriff's Office and other types of law enforcement.
Fred Walker moved Hat the BeeBe Draw Consolidated Service Plan, be forwarded to the Board of County
Commissioners with tie Planning Commissions recommendation of approval. Cristie Nicklas seconded the
motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cris tie Nicklas, yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 3:37 p.m.
Respectfully submitted 01 Jennifer ehring
Secretary
Hello