HomeMy WebLinkAbout993030.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 7, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday, December 7, 1999, 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 1:35 p.m.
ROLL CALL
Fred Walker Present I
Gristle Nicklas Present
John Folsom Present
Jack Epple Present
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Present r1
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Lee Morrison, County Attorney; Don Carroll, Public Works; Jeff Stoll, Department of Public
Health and Environment; Eric Jerman, Planner, Julie Chester, Planner, Kim Ogle, Planner, Department of
Planning Services; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 16,
1999, was approved as read.
CASE NUMBER: AmUSR-897
APPLICANT: CAMAS, Colorado Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B RE-1539; Pt E2NE4 32-6-66; SW4NW4 33-6-66; W2W2 33-6-
66; E2E2 32-6-66; N2 32-6-66; N2S2 32-6-66 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for Gravel Mining and Concrete
and Asphalt Batch Plant in the (A)Agricultural zone district.
LOCATION: West of and adjacent to WCR 27 (83rd Ave); south of and adjacent to WCR 64 (O
St).
Kim Ogle, Planner, presented Case AmUSR-897 and ask that it be continued until January 18, 2000, as signs
were not posted according to the requirements in the Zoning Ordinance.
Connie Davis, representative for the applicant, stated that they are aware and in agreement with the
continuance.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Stephan Mokray moved that Case AmUSR-897, be continued until January 18, 2000. Michael Miller
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; Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
apu216i 993030
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 7, 1999
Page 2
CASE NUMBER: USR-1248
APPLICANT: Rademacher Family Partnership
PLANNER: Julie Chester
LEGAL DESCRIPTION: S2 of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Family
Fishing Education Center.
LOCATION: South of and adjacent to WCR 24.5; west of and adjacent to Hwy 1-25.
Julie Chester, Planner, presented Case USR-1248 and read the Conditions of Approval and the Development
Standards into the record. Julie stated that the land owner is now Eagle Claw as the land was split by a
recorded exemption and the representative for Eagle Claw is Design Concepts. The Department of Planning
Services is recommending approval of this application.
John Folsom asked why FEMA was not given a referral packet in association with this case as it is located
in a floodway, as required in 44 CFR 65-12 of the federal regulations"when a community proposes to permit
encroachments upon a floodplain, when a regulatory floodway has not been adopted, the community shall
apply to the administration for a conditional approval of such action prior to permitting the encroachments to
incur and shall submit the following . . .", John did not read any further.
Julie stated that she thought that Weld County did not give referrals to FEMA as FEMA had given them the
power to place the proper restrictions upon the applicants, which the County has done by requiring a Flood
Hazard Development Permit as part of the approval of this application.
Lee Morrison, Assistant County Attorney, did not concur with the supposition that there was no floodway map.
John stated that he had found no such map in the Planning Department's maps. Julie stated that the
floodplain map panel number was 0802 66 0850 C. John stated that was a floodplain, not a floodway map.
Julie stated that flood ways are indicated on the floodplain maps if they apply. Lee stated that if FEMA had
accepted the County's program, then FEMA was giving jurisdiction to the county. Lee also stated that if a
FHDP is being required, that complies with the rules as far as he could say without the information John had
in front of him.
John asked what the definition of Prime Farm Land was and why there is a difference of opinion between the
applicant's and the county's description of the land. He stated that he felt the land had soils that qualified it
as Prime Farmland, as designated by CSU's standard. Julie stated that the county follows the USDA standard
and the County's maps show that this is not Prime Farm Land, as it is only good for farming if water is
available.
John Folsom asked if WCR 24.5 is to be vacated for the parking lot and will this later obstruct a possible
construction of a West 1-25 Frontage Rd. Lee stated that the vacation of this road included the Board of
County Commissioners approval, in which the future of a West 1-25 Frontage Rd was not raised at any time.
Julie also stated that Colorado Department of Transportation's referral stated that they had no conflict.
Shannon Weber of Design Concepts, representative of the applicant, read a letter on behalf of Jan Hardy,who
was ill. She stated that this application is for a non-profit organization that teaches children about
conservation, with no charge for children and special need groups. This site will be the future educational
center and trail head of the Legacy Project in southern Weld County.
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 asked the applicant if they were in agreement with the Developmental Standards and Conditions of
Approval. Shannon stated that they were. Fred questioned the two different wordings concerning wildlife on
pg. 3 and Development Standard#14. Julie stated that the Board of County Commissioners had directed
the Planning Department if there were concerns in the letters that were not regulatory, the county should ask
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 7, 1999
Page 3
the applicants to work with the Division of Wildlife on those concerns. If they are regulatory or requirements,
the Department of Planning Services should ask the applicant to comply with those requirements.
Christie Nicklas moved that Case USR-1248, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation
of approval. Stephan 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; Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-533
APPLICANT: Shawn Petersburg
PLANNER: Eric Jerman
LEGAL DESCRIPTION: SE4 of Section 9, Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone for a 3-Lot Minor Subdivision.
LOCATION: East of and adjacent to WCR 5; North of and adjacent to WCR 10.
Eric Jerman, Planner, presented case Z-533 and read the Conditions of Approval into the record. Eric stated
that this is for a 3-Lot Minor subdivision to correct an illegal split and place one more house on the property
as there are two homes already there. The department of planning services is recommending approval of this
application. The Planning Department is also requiring a Geologic Hazard Development Permit before
building on the property.
John Folsom asked why there was no response from School District RE-1J. Eric stated that they probably
did not feel one additional house would be that large of an impact on the system. John also asked why
Colorado Geological Survey was not sent a referral. Eric stated that Cox&Associates, Geological Engineers,
have given a report as part of the application. Based upon the report from Scott, Cox & Associates, the
Department of Planning Services is recommending, as a Condition of approval, that the applicant be approved
for a Geological Hazard Development Permit.
Shawn Petersburg, applicant, stated that they wished to do the minor subdivision as they and their neighbors
had never had separate parcels of land, which was discovered when the Petersburgs wanted to do a
Recorded Exemption on their property. The minor subdivision would allow them to separate their land from
their neighbors and also place a separate lot for an additional home. Farming will still continue on 20 acres.
John Folsom asked why the road width mentioned in 21.5.4 is listed as 18' instead of 20' as the fire district
requested. Don Carroll, Public Works, stated that the Minor Subdivision requires a minimum of 18'with 4"
of gravel on either side, usually the 60' of Right-Of-Way should be enough to negotiate the 20' requested by
the fire district.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Bryant Gimlin moved that Case Z-533, be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commission's 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; Bruce Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 7, 1999
Page 4
Jack Epple commented that he felt a referral from the Colorado Geological Survey would have been
appropriate in this case.
Stephan Mokray commented that he also felt a referral from the Colorado Geological Survey would have been
appropriate.
Meeting adjourned at 2:15 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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