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Home My WebLink About990060.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 11 Tuesday, December 1, 1998 A regular meeting of the Weld County Planning Commission was held on December 1, 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 Chair, Marie Koolstra, at 1:40 p.m. •IIY ROLL CALL Present "' ."'i Marie Koolstra �'Jack Epple Present = Gristle — Present FredNicklas m c '" m o n Walker Present =: Bruce Fitzgerald Present Michael Miller Present Stephan Mokray Present L^Present L" Arlan Marrs Also Present: Scott Ballstadt, Planner II, Julie Chester, Planner, Eric Jerman, Planner, Department of Planning; Lee Morrison,Assistant County Attorney; Sheble McConnelouge, Health Department; Don Carroll, Public Works; Wendi Inloes, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on November 3, 1998, was approved as read. CASE NUMBER: USR-1202 (Continued from the November 17, 1998, hearing) APPLICANT: Scott Busker PLANNER: Julie A. Chester LEGAL DESCRIPTION: Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)for 4500 head of cattle in the Agricultural Zone District. LOCATION: East of and adjacent to Weld County Road 17; south of Weld County Road 18. Julie Chester, Department of Planning Services, asked that case USR-1202, be continued to the December 15, 1998, hearing, due to the applicants representative being out of town. Stephan Mokray moved that Case USR-1202, be continued to the December 15, 1998, hearing date. Michael Miller seconded the motion. The Chair asked the secretary to poll the members of Stephan Mokray,gCommission yes; n for theirhael decision.i yes; Brucearie Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously. CASE NUMBER: Z-518 (Continued from the November 17, 1998, hearing) APPLICANT: Robert and Janet Winter PLANNER: Julie A. Chester LEGAL DESCRIPTION: 14 T6N R67W o Lot f the 6th Exemption P.M.,We d C County, Colorado.E-1694; being part of the NW4 of Section REQUEST: Planned Unit Development Change of Zone. LOCATION: South of and adjacent to Weld County Road 70; east of Weld County Road 21, approximately 1-1/2 miles from the Town of Severance. CIS tJ 1�w 990060 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION December 1, 1998 Page 2 Julie Chester, Department of Planning Services, presented Case Z-518. Preliminary comments were entered as final. Julie stated that the Department of Planning is recommending approval of the application, along with the Conditions of Approval. Julie than read the recommendation into the record. Jeff Couch, representative for the applicants, was available for questions, and explained that they went with the PUD process to dress the project up. They will have building envelopes, and a trail for open space will also be available. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked Mr. Couch if the applicant was in agreement with the Conditions of Approval. Mr. Couch stated they were in agreement. Jack Epple moved that Case Z-518, be forwarded to the Board of County Commissioners along with the Conditions of Approval along with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple, yes; Fred Walker, abstained. Motion carried unanimously. CASE NUMBER: USR-1203 APPLICANT: Allen Rathe PLANNER: Eric Jerman LEGAL DESCRIPTION: Lot 8, Block 12, of Arrowhead Subdivision, 4th Filing, located in Section 27, T5N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review Permit for a garage and workshop. LOCATION: Approximately 1/4 mile east of Weld County Road 31; approximately 1/4 mile south of Weld County Road 54 (5617 Ute Lane). Eric Jerman, Department of Planning, presented Case USR-1203. New comments were handed out to replace the preliminary comments. The Department of Planning is recommending approval of the application along with the Conditions of Approval and Development Standards. Eric than read the recommendation into the record. Jack Epple asked Eric why this application had come before the Planning Commission, he thought that in the past,the Planning Department had approved some applications of this type unless there was a problem. Eric explained that it was his understanding that these types of applications had gone before the Planning Commission, although this application had no problems. Lee Morrison, explained that certain buildings used for ag purposes do not go before the Board, but accessory buildings more than 1,500 sq. feet in a platted subdivision, require a Special Use Permit, and they cannot be granted by staff, and this is why is has come before the board. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION December 1, 1998 Page 3 I Fred Walker asked Lee about the requirement of the 1,500 sq. ft., and how this was decided, and what the purpose for it was. Fred stated that he has a problem within a case like this, when an individual goes around to their neighborhood and gets a petition signed that it is ok, and then has to spend $1,100 to get approval from the County. In a case like this where the community is saying ok, and bureaucracy is making him spend $1,100 to get a permit, Fred feels it's not right. Lee explained the 1,500 sq. ft. provisions have been in place for quite some time as per the zoning ordinance, so that structures are not built out of scale or so large that they impeded on other peoples property. Lee believes from discussions, that the Board of County Commissioners had discussed on more than one occasion, that there should be some modification, and that the Planning staff has recommended some changes that have not been agreed upon. Lee stated he feels that it is worth discussing, and that as a board or as individuals, they could make a recommendation to review or change. Lee also added that there has been concern over this issue on both sides. Fred thought that before they spent the money on the permit, that it could be spent on screening or something the community would like, and let the community make the decision, and that the money is being poorly spent. Lee said that he understands that some accessory buildings are dealt within the ag zone district by getting 70%surrounding property owner consent, and that there is ongoing discussion about this issue with the Planning Department. Scott Ballstadt added that this is a section of the ordinance that staff is working with the board on, so the concern is being addressed, but is only in the early stages. Arlan Marrs asked Scott on a use such as this one, does it take the same amount of staff time to prepare compared to others, and is $1,100 appropriate. Scott explained that all USR permits go through the same process, but this type of case probably does not require as much staff time as others. Allen Rathe, applicant, explained that he was there because he had bought the garage before doing any investigating on the 1,500 sq. ft. limitations. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked Mr. Rathe if he was in agreement with the Conditions of Approval and Development Standards. Mr. Rathe stated he was in agreement. Arlan Marrs ask Mr. Rathe how he first became aware that he was going to need to go through this process. Mr. Rathe explained it was on the day he went in to apply for the building permit. Jack Epple moved that Case USR-1203, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Cristie Nicklas seconded the motion. Fred Walker made a comment that if there is some way the policy is changed by the Board of County Commissioners, if Mr. Rathe could be refunded some or all of the fee. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously. 99OO&O SUMMARY OF THE WELD COUNTY PLANNING COMMISSION December 1, 1998 Page 4 1 CASE NUMBER: USR-1204 APPLICANT: David Miller PLANNER: Scott Ballstadt LEGAL DESCRIPTION: Lot 3 of Orr Minor Subdivision; being part of Section 32, T6N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review Permit for an accessory structure larger than 1,500 sq. Ft. (2,400 sq. Ft.) In Orr Subdivision. LOCATION: Approximately 500'south of Weld County Road 64 and approximately 3/4 mile east of Weld County Road 27. Scott Ballstadt, Department of Planning Services, presented case USR-1204. New comments were handed out to replace preliminary comments. The Department of Planning is recommending approval of the application along with the Conditions of Approval and Development Standards. Scott than read the recommendation into the record. Bruce Fitzgerald asked Scott at what stage was of completion was the building. Scott stated that is was complete. Marie Koolstra asked where leach field is located. David Miller, applicant, stated it was about 60-feet to east of the building. Mr. Miller also added that he agreed with Fred Walker and Michael Miller on the previous case, and feels that a USR for the building is a bit ridiculous. Arlan Marrs asked Mr. Miller if he was ok with the condition that he was not to have any employees. Mr. Miller stated he did not have a problem with this condition. Mike Miller asked Mr. Miller who the contractor was, and why he built the building without a permit. Mr. Miller explained that they did have a building permit that was issued to him and setbacks were inspected, and it was after this that he was informed that he needed a USR. Mike asked Scott to explain how Mr. Miller got the building permit, and than told after the building was started, that they needed the USR. Scott explained that Planning staff received the information after the issuance of the building permit, and there is some confusion as to the circumstances surrounding when the building permit was issued, and was notified after the permit had been issued. Mike asked at what point in the application process would this normally be caught. Scott explained that he would happen at the building permit stage, when general inquiries on larger structures are questioned. Mike than added that basically a building permit was issued allowing Mr. Miller to get started, and then had him come in and pay an additional$1,100 to get the USR. Scott stated this was correct. Mike stated he did not find this fair, and if any remedies could be done at this point, and that it is unfair to let Mr. Miller get into building the building and tack on USR fee. Scott explained that the Board of County Commissioners have agreed upon refunding the USR application fee to the applicant. Mr. Miller stated it has cost$700 to prepare. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked Mr. Miller is he was in agreement with the Conditions of Approval and Development Standards. Mr. Miller stated he was in agreement. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION December 1, 1998 Page 5 a Fred Walker asked if the Board of County Commissioners have already been involved, then why is the Planning Commission getting involved, and that it seems they are also wasting their time if something has already been decided. Fred said he thought the application should not have even been on the agenda. Lee explained that Scott had not indicated that the Commissioners had made a decision on the merits of the application, but just dealt with the fee. Fred asked Lee that wasn't it implied that if Mr. Miller was refunded his money, that they had made a decision. Lee stated he did not believe so. Stephan Mokray moved that Case USR-1204, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Arlan Marrs seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously. Meeting adjourned at 2:20 p.m. Respectfully submi ed bditd. Wendi Inloes Secretary Hello