HomeMy WebLinkAbout980593.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3, 1998
A regular meeting of the Weld County Planning Commission was held March 3, 1998, 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, Glenn Vaad, at 1:30 p.m.
ROLL CALL
Glenn Vaad Present
Rusty Tucker Present
Fred Walker Absent r n
Bruce Fitzgerald Absent ' •`.7"
Cristie Nicklas Present Y
Jack Epple Absent
Marie Koolstra Absent
Stephan Mokray Present LA
Arlan Marrs Present
Also Present: Todd Hodges, Current Planner II, Shani Eastin, Current Planner, Department of Planning
Services; Don Carroll, Weld County Public Works; Lee Morrison, Assistant County Attorney; Sheble
McConnellogue, Weld County Health Department; Wendi Inloes, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on February 17, 1998,
was approved as read.
CASE NUMBER: USR-1180
PLANNER: Todd A. Hodges
APPLICANT: Michael and Sheila Davis
REQUEST: Site Specific Development Plan and Special Review Permit for a single family dwelling and
accessory structures on a parcel less than the minimum lot size in the A(Agricultural) Zone
District
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: East and adjacent to Weld County Road 5; one mile north of State Highway 52.
Todd Hodges,Department of Planning Services, asked for Case USR-1180, be continued until the March 17,
1998, Planning Commission meeting, as requested by the applicant.
Christie Nicklas moved that Case USR-1180, be continued to the March 17, 1998, Planning Commission.
Rusty Tucker seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs, yes; Christie Nicklas, yes; Stephan Mokray,yes; Rusty Tucker,yes. Motion carried
unanimously.
CASE NUMBER: S-441
PLANNER: Shani L. Eastin
APPLICANT: Ivan and Joanne Gilbaugh
REQUEST: Request for approval of a 3rd replat of Gilbaughs Appaloosa Acres, being a replat of Lot 15
as shown on the 2nd replat of Gilbaughs Appaloosa Acres a Planned Unit Development into
two additional lots,on a parcel of land described as Lot 15,2nd replat of Gilbaughs Appaloosa
Acres,
LEGAL DESCRIPTION: Lot 15, 2nd replat of Gilbaughs Appaloosa Acres, located in the W2 of the SW4 of
Section 33,T7N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 41; north of and adjacent to Weld County Road
74. For a more precise location, see legal.
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SUMMARY OF THE WELD COUNTY PLANNING MEETING
March 3, 1998
Page 2
Shani Eastin,Department of Planning Services, presented Case S-441,giving an overview of the application
and reading the recommendation into the record. The Department of Planning is recommending approval of
the application.
Arlan Marrs asked Shani about the covenants for the subdivision,which states that the subdivision of a lot shall
not at any time be divided into two or more building sites.
Gerry McCrae, representative of the applicant, gave an overview of the application, and some background
information of the subdivision. Mr. McCrae stated that changes to the plat that will be completed prior to
recording the plat, such as the addition of the easements. The road easements will be 25 feet instead of the
required 30 foot easements.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Rusty Tucker asked if the change in the easements should be addressed. Don Carroll of Weld County Public
Works stated that he had meet with Mr. McCrae and discussed the 30 foot easement as required in the
Subdivision Ordinance. It was decided to have a 25 foot easement to stay consistent with rest of the
subdivision easements.
Arlan Marrs asked Don about some drainage problems in the barrow pits, and if the area being proposed lots
are a part of this problem. Don stated that there did not appear to be a drainage problem when he visited the
site, and is not aware of any problem. Shani also explained that there have been problems in the past with
people stockpiling,and placing tree trimmings in the ditch, and Mr. Gilbaugh has addressed this problem with
other property owners.
Shani than made a clarification on the concern of the covenants addressed by Mr. Marrs. Since the covenants
pertain to lots one through fourteen currently, the Department of Planning would like to incorporate the
additional two lots into the covenants, prior to the Board of County Commissioners hearing.
Arlan Marrs moved that Case S-441, be forwarded to the Board of County Commissioners along with the
changes in the Conditions of Approval, and the addition of lots 15 into the covenants, along with the Planning
Commissions recommendation of approval. Christie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs, yes; Christie Nicklas,yes; Stephan Mokray, yes; Rusty Tucker, yes. Motion carried
unanimously.
CASE NUMBER: S-445
PLANNER: Shani L. Eastin
APPLICANT:Thomas and Linda Francis
REQUEST: Request for approval of a Final Plat for a Five Lot Minor Subdivision - Hillcrest Estates
LEGAL DESCRIPTION: Lot B of RE-1936, E2 of the NE4 of Section 25,T6N, R67W and W2 of the NW4 of
Section 30,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 66; east of and adjacent to Weld County Road
23-1/2. For a more precise location, see legal.
Shani Eastin,Department of Planning Services, presented Case S-445,giving an overview of the application
and reading the recommendation into the record. Shani also added a Condition of Approval to include
submitting covenants. The Department of Planning is recommending approval of the application.
SUMMARY OF THE WELD COUNTY PLANNING MEETING
March 3, 1998
Page 3
Tom Francis, applicant, stated that he has reviewed the Department of Plannings recommendations, and is
in agreement with those. The Public Works department has requested that a portion of ground be dedicated
to the County,should the County ever continue Weld County Road 66,which Mr. Francis is in agreement with.
Shani stated that by showing the information on the plat,this would cover the County.
Glenn Vaad asked Mr. Francis to explain the nature of the road, and if it will be a maintenance problem. Mr.
Francis explained that it is a grass improvements and would not be a problem. Mr.Vaad also asked about
Condition of Approval#2H, regarding the road maintenance, and who will be taking care of the maintenance.
Shani explained that this is taken care of through the road agreement and maintenance agreements,which
the Board of County Commissioners will need to approve.
Christie Nickles asked about the water rights and if they had been transferred to Mr. Francis farm ground.
Arlan Marrs asked about the referral from the City of Greeley, and asked Mr. Francis if he had been
approached by the City about the potential of purchasing the property to keep it as open space, which Mr.
Francis stated he had not. Mr.Marrs asked if he would be agreeable in selling the land at a marketable price
if approached by the City of Greeley to keep and maintain as open space. Mr. Francis stated he would be
agreeable to that.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Steve Korbiar, surrounding property owner, had concerns regarding the open space and with the gas line,
which Mr. Korbiar is currently responsible for. Mr. Francis has contacted Mr. Korbiar to have the gas meter
moved at the cost of Mr. Francis, by giving up the easement, and would like to know the status at this time as
well as the transfer of Whitney Ditch water.
Glenn Vaad explained that he understood Mr. Korbiar's concerns and issues, but suggested talking with Mr.
Francis about these issues outside of the meeting.
Rusty Tucker asked staff about the gas line and the responsibility of Mr. Francis. Lee Morrison, Assistant
County Attorney,stated that he had not read the documents that create the easements, but generally there is
a distribution center, of where the public distribution system beings and the private starts. Therefore the
easement would be the responsibility of Mr. Korbiar's if the public road is considered the public distribution
system.
Tom Francis explained that they are installing natural gas off of Public Service. According to Public Service,
the home owner is responsible from the meter to the property. Mr. Francis has asked Public Service to include
in his fee,the cost to extend the line to Mr. Korbiar's home.
Mr.Vaad than asked Mr. Francis if he was in agreement with the Conditions of Approval, Mr.Francis stated
that he was.
Shani stated that staff would like to include Condition of Approval 2D, regarding the easement, that prior to
recording the plat, the applicant submit information to the Department of Planning Services in regard to the
utility easement located on lot four, wether or not the applicant has moved the meter box to Mr. Korbiar's
property.
Stephan Mokray moved that Case S-445, be forwarded to the Board of County Commissioners along with the
changes to Conditions of Approval,along with the Planning Commissions recommendation of approval. Rusty
Tucker seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING MEETING
March 3, 1998
Page 4
Arlan Marrs made a comment that the packet had been sent to the City of Greeley Planning Department. They
recommended denial of the application for several reasons with one of them being that this is approximately
one mile north of their long range expected growth area, and from the City's perspective, that they should
remain to have a rural density. They also state that Northern Colorado Regional Planning study identifies this
area as a community separator. In Mr. Marrs opinion, if the City of Greeley wants these areas to remain as
open space,they need to step forward and purchase these property's at market prices, lease the property, or
arrange for some form of compensation, not merely attempt to take private property rights through
recommendations to the County. Christie Nicklas and Rusty Tucker agreed with the comment.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes; Christie Nicklas,yes; Stephan Mokray, yes; Rusty Tucker,yes. Motion carried
unanimously.
Meeting adjourned at 2:15 p.m.
Respectfully submitted
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Wendi Inloes
Secretary
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