HomeMy WebLinkAbout991985.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 20, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday July 20, 1999, in Room 210,
Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley;Colorado. The meeting was
called to order by Vice-Chairman, Jack Epple, at 1:45 p.m.
ROLL CALL
Marie Koolstra Absent
Jack Epple Present
Cristie Nicklas Present
Fred Walker Present
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Monica Daniels-Mika, Director, Julie Chester, Planner II, Anne Best Johnson, Long Range
Planner, Kim Ogle, Planner, Eric Jerman, Planner, Ben Patton, Planner, Department of Planning; Bruce
Barker, County Attorney, Lee Morrison, Assistant County Attorney; Trevor Jiricek, Health Department; Don
Carroll, Public Works, Jennifer Mehring, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on July 8, 1999, was
approved as read.
CASE NUMBER: USR-1217
APPLICANT: Faith Tabernacle Church
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lots 2 through 7, Block 1, of Peterson-Alexander Subdivision; being part of
Section 16, TSN, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Church in the R-1 zone
district.
LOCATION: North of and adjacent to US Hwy. 34 Bypass Frontage Road (28th Street) east of and
adjacent to 71st Avenue (WCR 29).
Kim Ogle, Department of Planning Services requested that Case USR-1217, be continued to the August 3,
1999 hearing for the following reasons. Mr. Perdew on behalf of Faith Tabernacle Church submitted a
preliminary site plan with his application to the Department of Planning Services. In working out the water
agreement with the City of Greeley, the plan submitted to the Department of Planning Services was amended
to reflect the changes required by the city for a water agreement. Planning staff did not receive from the
applicant the updated and amended site plan agreed to in principle with the City of Greeley. Kim added that
staff review and all referral comments were based on the applicant's preliminary site plan. Due to this
circumstance, the Department of Planning Services is requesting additional time to send out referrals to the
appropriate agency's for their comments based on the amended plan as submitted.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
Gary Witherspoon, surrounding property owner, wanted it to be known that he was present.
Stephan Mokray moved that Case USR-1217, be continued to the August 3, 1999 hearing. Cristie Nicklas
seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 2
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-527
APPLICANT: Tom Russell (Peaks at Mountain View)
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Lot B of RE-2150; Part of the SE4 of Section 5, TIN, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD (Estate).
LOCATION: Approximately 1/4 mile north of Weld County Road 12; approximately 1/4 mile west of Weld
County Road 5.
Eric Jerman, Department of Planning Services, presented Case Z-527. The Department of Planning Services
is recommending approval of the application along with the Conditions of Approval. Eric then read the
recommendation into the record.
Lin Leeburg, representative of the applicant, stated that upon meeting the surrounding property owner's
representative, the applicant would be willing to move this subdivision 125 feet south of the alignment shown
on the plat. He added that there is actually 17.9%open space, rather than the 16% shown in the application.
Stephan Mokray asked if the issue on the surrounding property owner's water pressure had been discussed
with Left Hand Water District. Mr. Leeburg replied that he couldn't comment either way as to the water
problems that may exist in Carmacar Ranchettes.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Chester Seahuan, surrounding property owner, stated that he had several concerns regarding this
development. A water test was conducted and their water pressure is very much affected by this subdivision.
The building envelopes are fairly extensive and would like them to be reduced in size. He would like the
building envelopes to be moved further to the west to increase the buffer zone. Carmacar Ranchettes are
visual affected by this development. Mr. Seahaun added that he would like it in writing, that modular
manufactured and mobile homes, be specifically excluded from being placed in this development. He
concluded that they would like to Home Owner's Association to consider allowing surrounding property owners
to use the trail that will be built around the development. Mr. Seahaun asked that surrounding property
owner's be notified when there is a continuance with a case.
Cristie Nicklas asked if Carmacar had a walk space around their subdivision. Mr. Seahaun stated that all they
have is the streets themselves.
Michael Miller stated that the letter from Left Hand Water District stated that five residential taps can be served
from an eight inch line extension from fur Avenue at the applicants expense.
Eric Jerman added that the applicant does not yet have water assurances from Left Hand Water District. The
Planning Department in Development Standard 3A.1 is asking for proof of water from Left Hand Water District
before approving the Plat. He also stated that the proposal is for Estate zoning which does not allow mobile
homes; however, it does not exclude manufactured housing with a pitch roof and a foundation.
Jack Epple asked how many buildable square feet each lot was allowed. Eric replied that 1200 square feet
is the minimum lot size in the Estate Zone District.
Chuck Ballard, surrounding property owner, stated that his main concerns were the increase of dust from the
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 3
dirt roads and the quality of homes to be built.
Cristie Nicklas asked if the streets in Carmacar Ranchettes are maintained by Weld County. Don Carroll,
Public Works, answered that the streets in Carmacar Ranchettes are maintained by Weld County.
Mr. Leeburg stated that an Interior Roads Improvement Agreement along with a Landscape Improvements
Agreement would be completed as part of the Final Plan. He said that they can reduce the building envelopes
size and move them up to 125 feet south. The applicants are requiring high quality development and would
be willing to consider excluding modular, manufactured and mobile homes. Mr. Leeburg added that because
this is a low density development, there shouldn't be a great increase of dust.
The Vice-Chairman asked Mr. Leeburg if he was in agreement with the Conditions of Approval. Mr. Leeburg
stated he was in agreement but would like to correction of the amount of open space and that they would be
willing to move the development to the south 125 feet.
Arlan Marrs moved that Case Z-527, be forwarded to the Board of County Commissioners along with the
Conditions of Approval, recommending that the applicant consider reducing the size of the building envelopes
and moving the building envelopes further away from fur Avenue, 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; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-526
APPLICANT: Greeley/Weld County Airport
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, TSN, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Agricultural to PUD (Airport).
LOCATION: North of and adjacent to Weld County Road 43; bisected by Weld County Road 62
(extended).
Ben Patton, Department of Planning Services, presented Case Z-526. Changes to the preliminary comments
have been made and new comments are final. Ben gave an overview of the application and stated that the
Department of Planning Services is recommending approval of the application, along with the Conditions of
Approval. Ben then read the recommendation into the record.
Mike Reisman, applicant, stated that he would like it recognized that the airport is under different
circumstances in comparison to other cases. He added that the airport has a unique relationship with both
Weld County and the City of Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Adam Bunah, Francis Energy, explained that they have oil wells on the airport property, and wanted to make
sure that their rights as an oil company will be maintained with this proposal. He also stated that they are
willing to work with the airport and are not opposed to this proposal.
Mr. Reisman commented that the area that the oil wells are on are not changing in this proposal.
The Vice-Chairman asked Mr. Reisman if he was in agreement with the Conditions of Approval. Mr. Reisman
stated he was in agreement.
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Stephan Mokray moved that Case Z-526, be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of approval. Michael Miller 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; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Town of Keenesburg IGA
APPLICANT: Town of Keenesburg/Weld County
PLANNER: Anne Best Johnson
REQUEST: Keenesburg Intergovernmental Agreement
Bruce Barker, County Attorney, presented the Keenesburg Intergovernmental Agreement. Bruce explained
that the Town of Keenesburg has approved the agreement itself. The agreement does not require annexation,
an agreement for annexation or a letter from the town stating they don't have to annex. This agreement
provides a referral to the Town or to the individual to discuss the right to annex into the Town.
John Quartus, Mayor of the Town of Keenesburg, stated that this agreement helps to define the working
relationship between Weld County and the Town of Keenesburg. He added the reason why the Town of
Keenesburg has never forced anyone to annex into the Town was because of the shortage of their water
supply. They want to make sure they can supply a sufficient amount of water.
Fred Walker asked if any of the surrounding property owners from both the town and the county into discuss
this agreement. Mr. Quartus replied that they held open meetings but they did not properly notify each
surrounding property owner; however, it was published in the paper.
Arlan Marrs asked Mr. Quartus how they determined the size of their urban growth area. Mr. Quartus
answered that the urban growth is defined as a half a mile from the end of their water and sewer lines.
Another two and half mile radius where Weld County will notify the Town with the activities going on and allows
for their input.
Arlan Marrs asked what this agreement will have to offer the county land owners in that area. Mr. Quartus
replied that both the Town and County will be well notified if there is activity taking place.
Bruce stated that the benefit would be the acknowledgment that public water and sewage will be provided
within the urban growth area. He added that another benefit would be that there is flexibility to amend this
agreement to change the map.
Arlan Marrs stated that he has concerns for the surrounding land owner's who will be suddenly included into
this agreement. The land owners should be notified for their approval of this agreement.
Fred Walker commented that he agreed with Arlan that the surrounding property owners should be notified
of this agreement.
The Vice-Chair 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 the Town of Keenesburg IGA, be forwarded to the Board of County
Commissioners recommending notification of the surrounding property owners by the County, with the
Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion.
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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; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: City of Evans IGA
APPLICANT: City of Evans/Weld County
PLANNER: Anne Best Johnson
REQUEST: Evans Intergovernmental Agreement
Bruce Barker, County Attorney, presented the City of Evans Intergovernmental Agreement. Bruce that this
agreement is essentially the same agreement with a few minor changes. The City of Evans specifically asked
for the definition of development in section 2.1 regarding bulk requirements for non-conforming uses. Bruce
added that there was no notifications of the surrounding land owners on this agreement.
Cristie Nicklas asked why the City of Greeley is allowed to make recommendations on this agreement. Bruce
stated that the referrals that were sent out to adjacent land owners or a municipality, the City of Greeley is an
adjacent municipality.
Earl Smith, Director of Public Works and Planning, City of Evans, commented that this process has been on
going for a couple of years and he is looking forward to finishing this project. He stated that they had concerns
regarding the animal units and wanted to eliminate non-conforming uses. Mr. Smith added that the City of
Evans Planning Commission approved this agreement last Tuesday.
Fred Walker asked Mr. Smith how they define their urban growth area. Mr. Smith explained that their urban
growth area is in their Comprehensive Plan. He added that in most areas they can provide water. The City
of Greeley provides water to the City of Evans through an agreement. The City of Greeley has to provide
three years on notification if it decides not to provide the City of Evans with water.
Stephan Mokray asked what alternatives the City of Evans has if the City of Greeley decides not to supply
them with water. Mr. Smith replied that the City of Evans has a number of different alternatives, because the
City of Evans owns their water rights.
Arlan Marrs stated that the IGA extends for 3 to 4 miles outside of the boundaries. He then asked how
realistic is it in the near future, that the City of Evans will be able to provide to that area and control what is
provided to that area. Mr. Smith answered that they could reasonably provide to that area. At the rate of
development, as long as their requests are reasonable, they would be able to control that area.
Arlan Marrs asked what happens when a property three miles out wants to annex in, and all of the property
in between is not ready to annex in yet. With this large IGA area, it prohibits the land owner's options as to
what they can do. Mr. Smith replied that they have what is called Flag Pole Annexation. If they were just to
provide water and sewer service, they could enter into an annexation plea.
Bruce stated that this agreement doesn't require annexation and it doesn't prohibit annexation.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Fred Walker moved that the City of Evans IGA, be forwarded to the Board of County Commissioners along
with the Conditions of Approval, recommending notification of the surrounding property owners by the County,
with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion.
Arlan Marrs commented that he felt this particular Urban Growth Boundary was too big in this agreement.
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The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, no; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried.
CASE NUMBER: Amuse-859
APPLICANT: AT&T Communication Corporation (Ben Lough)
PLANNER: Julie Chester
LEGAL DESCRIPTION: Part of Section 35, T4N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an expansion of a
Telecommunications Facility.
LOCATION: East of and adjacent to the East Access Road, half way between Weld County Road 36 and
Weld County Road 38.
Julie Chester, Department of Planning Services, presented Case Amuse-859 and noted that the location of
the property is actually between Weld County Road 38 and Weld County Road 40. The Department of
Planning Services is recommending approval of this application along with the Conditions of Approval and
Development Standards. Julie then read the recommendation into the record.
John Chainey, representative was present and had no comments.
Cristie Nicklas asked what is being done to address the Mountain View Fire Protection District water concerns.
Mr. Chainey replied that they have two different options. The first is to tap into a 42 inch line that they are
proposing which is a timing issue. The final option would be to have on site storage.
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 Vice-Chairman asked Mr. Chainey if he was in agreement with the Conditions of Approval. Mr. Chainey
stated he was in agreement.
Bryant Gimlin moved that Case AmUSR-859, be approved along with the Conditions of approval and
Development Standards. Michael Miller 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; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1234
APPLICANT: Nextel Communications
PLANNER: Julie Chester
LEGAL DESCRIPTION: Part of the NW4 of Section 9, T2N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a
Public Utility (Cell tower site).
LOCATION: East of Weld County Road 5 %and south of State Highway 119.
Julie Chester, Department of Planning Services, presented Case USR-1234. The Department of Planning
Services is recommending approval of the application along with the Conditions of Approval and Development
Standards. Julie then read the recommendation into the record.
Fred Walker asked Julie how far the tower would be from the County line, Development Standard#5, states
that the tower shall be painted an earth tone color which shall be approved by the City of Longmont. Julie
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July 20, 1999
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answered that the tower would sit 2 miles from the County line.
Keith Dragon, applicant, was present and had no comments.
Fred Walker asked Mr. Dragon how he felt about Development Standard#5. Mr. Dragon replied that they are
willing to comply with the City of Longmont. He said that he does not want to create an eyesore, and wanted
the color to blend in with the environment.
Stephan Mokray asked Mr. Dragon how tall the tower will be. Mr. Dragon stated that it will be 200 feet. The
signal has to project to the next site, which is located in the Mead area. He added that service from the tower
is to cover Highway 119 and part of 1-25.
Arlan Marrs asked Mr. Dragon if there was a reason why they picked the Lattice work tower rather than a
monopole tower. Mr. Dragon said that a monopole will reach its capacity at 180 feet and would be too
expensive.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Arlan Marrs stated that he would like to modify the wording in Development Standard#5 to read, "The tower
shall be painted with an earth-tone color, submitted to the City of Longmont and approved by Weld County
Department of Planning Services, to blend into landscaping of the area. The structures must be kept in good
repair at all times." Mr. Dragon said that he would be okay with this change.
The Vice-Chairman asked Mr. Dragon if he was in agreement with the Conditions of Approval. Mr. Dragon
stated he was in agreement.
Arlan Marrs moved that Case USR-1234, be approved along with the Conditions of Approval and modification
to Development Standard#5 to read, " The tower shall be painted with an earth-tone color, submitted to the
City of Longmont and approved by Weld County Department of Planning Services, to blend into landscaping
of the area. The structures must be kept in good repair at all times." 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; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Election of a new Charirman and Vice-Chairman
Arlan Marrs made a motion for the nomination of Fred Walker for Chairman. 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; Michael Miller, no; Bryant Gimlin, no; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried.
Stephan Mokray made a motion for the nomination of Cristie Nicklas for Vice-Chair. Arlan Marrs seconded
the motion.
Old Business -Consider Attendance Issues
Monica Daniels-Mika, stated that she handed out the portion of the Bylaws that address attendance. Three
meetings in the last nine months have been canceled due to there not being a quorum.
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July 20, 1999
Page 8
Arlan Marrs stated that he has received a phone call stating that there would not be a quorum. Monica replied
that staff will give a courtesy call to the remaining members and applicants if it is known in advance that there
will not be a quorum. If phone call is not made prior to the meetings, it creates a hardship for both the
applicants and the remaining members.
Fred Walker stated that he did not feel comfortable leaving a voice mail. Monica stated that the members can
tell the front staff to write the message down. She added that the commissioners are not expected to be at
every meeting,just the majority.
Bruce Fitzgerald requested that a calendar with the Planning Commission dates be sent to all the members.
Meeting adjourned at 3:45 p.m.
Respectfully submitted
Jennifer Mehring
Secretary
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