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HomeMy WebLinkAbout960702.tiff \.. I r) COUi :TV' SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April2,1'0661 -8 PM 2: 43 A regular meeting of the Weld County Planning Commission was held April 2,1996, in the OeIuESFyg Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Stree'((GiMfeja0 Colorado. The meeting was called to order by Chairman, Richard Kimmel. Tape 499 Richard Kimmel Present Ron Sommer Present Shirley Camenisch Present Cristie Nicklas Present Jack Epple Present Marie Koolstra Present Arlan Marrs Present Ann Garrison Present Zachary Allely Present Also Present;Todd Hodges,Current Planner,Gloria Dunn, Current Planner,Chris Goranson,Current Planner, Shani L. Eastin, Current Planner, Kern Keithley, Current Planner, Department Planning Services; Lee Morrison, Assistant County Attorney; Trevor Jiricek, Supervisor, Weld County Health Department; Jill Boshinski, Secretary. The Summary of the last regular meeting of the Weld County Planning Commission held on March 19, 1996, was approved as read. 1. CASE NUMBER: Z-497 PLANNER: Todd A. Hodges APPLICANT: Ronald Green (Green Acres Retirement Community) REQUEST: A Change of Zone from A(Agricultural)to PUD R-1 (Planned Unit Development) for residential and open space uses. LEGAL DESCRIPTION: Part of the SW4 of Section 4, T2N, R68W and part of the SE4 of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South and adjacent to State Highway 56; east and adjacent to Weld County Road 1. Todd Hodges explained that staff is recommending continuance to May 21, 1996. Todd stated the applicant wants to address concerns from referral agencies and staffs preliminary comments. Concerns from surrounding property owners were received on notification. Todd explained this case has been continued before, but as a courtesy that staff will send out notification of the time and date of the next hearing. Ron Sommer moved that Case Z-497 for Ronald Green(Green Acres Retirement Community) be continued to May 21, 1996. Cristie Nicklas seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. 960702 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 2, 1996 Page 2 2. CASE NUMBER: USR-1114 PLANNER: Chris Goranson APPLICANT: Jim Hergenreder/Mike Stonehocker REQUEST: A Site Specific Development Plan and Special Use Permit for an Agricultural Service Establishment (grain and seed cleaning and processing facility) in the A (Agricultural)zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 33, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of adjacent to Weld County Road 28; approximately 175' east of Weld County Road 5. Chris gave an overview of this parcel and explained how it was created. Chris stated that additional Development Standards and Conditions of Approval were incorporated due to a referral response received from Mountain View Fire Protection District. Chris explained an updated map from the applicant has been received. This map addresses some concerns as stated from the Mountain View Fire Protection District and also Weld County Public Works. Major changes to this map include dimensions of the building, addition to restroom and the radius of the cul-de-sac. It is the opinion of The Department of Planning Services the applicants are in compliance with the Weld County Zoning Ordinance and staff is recommending approval of this application. The applicant, Jim Hergenreder explained he lives one mile from the site. Mr. Hergenreder gave an overview with the cleaning, weight processing and storage of the business. Richard Kimmel asked if the applicant was in agreement with the Conditions of Approval and Development Standards. Mr. Hergenreder stated they were in agreement. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ann Garrison moved that Case Number USR-1114, Jim Hergenreder/Mike Stonehocker, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Arlan Marrs seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes; Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. 3. CASE NUMBER: USR-1115 PLANNER: Shani L. Eastin APPLICANT: Bowen and Anje Hyma REQUEST: A Site Specific Development Plan and a Special Review Permit for a home business (Sales of Printed Products) in the A(Agricultural) Zone District. LEGAL DESCRIPTION: Located in part of the SW4 of the NW4 of Section 7, Ti N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 37; approximately 1/2 mile south of Weld County Road 12. Shani L. Eastin stated that this is a request for a Special Use Permit for a home business located on 6.472 acres. Referral agency responses have been incorporated into the Conditions of Approval and Development Standards for sales of printed products as presented by staff. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 2, 1996 Page 3 Shani Eastin explained the original application stated it was a"printing business"and that the applicant sent a letter requesting the title be changed to read "sales of printed products." The Department of Planning Services feels the applicant has shown compliance with Section 24.3 and 45.6 of the Weld County Zoning Ordinance, as amended. This proposal is consistent with the Weld County Comprehensive Plan Agricultural Goals and Polices Section and the Urban Growth Boundary area goals and policies. This request lies in the Urban Growth Boundary area of the Town of Hudson. Shani also stated that no overlay districts will be affected by this property. Staff is recommending approval of this application with the five Conditions of Approval and 13 Development •Standards. The applicant, Bowen Hyma explained this is an application for a home business and that the office will allow for more space. Richard Kimmel asked the applicant if he was in agreement with the Conditions of Approval and Development Standards. The applicant, Bowen Hyma was in agreement. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ann Garrison moved that Case Number USR-1115, Bowen and Anje Hyma, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes; Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. 4. CASE NUMBER: Z-498 PLANNER: Shani L. Eastin APPLICANT: Donald and Betty Minch REQUEST: A Change of Zone from PUD(Cryogenic Research Facility)to A(Agricultural) LEGAL DESCRIPTION: The S2 of the SW4 of Section 27, T4N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 7; approximately one mile north of Weld County Road 38. Shani L. Eastin explained that this change of zone request is for a 80 acre parcel located 1/2 mile west of 1-25. A dirt bike motorcross facility lies 1/2 mile to the north. Agricultural production and pasture lie in this are. In, 1987 a PUD was applied for and approved by the Board of County Commissioners for a cryogenic research facility. The current zone district(PUD) allows uses only associated w/the cryogenic facility. Shani L. Eastin explained this proposal is to take 80 acres from the south portion out of the zone district. In the past this south acreage has been used for agricultural purposes. It is the applicants wishes to sell this property for farming production and possibility for future residence. Shani L. Eastin stated the current zone district would not allow for any residence to be built on this property. Staff feels this is compatible with surrounding property uses. Adequate water and sewer can be provided to the site. Water is supplied by the Little Water Thompson District and sewer by septic systems. Access is provided from Weld County Road 7. No overlay districts affect this site. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 2, 1996 Page 4 The proposed zoning will not affect the present or future extractions of commercial mineral deposits located on or under the property. The soil conditions are as such they will not moderate or severe the limitations to construction. Shani explained that two additional Conditions of Approval were added to the Department of Planning Service's recommendation. The Colorado Geological Survey had concerns with post-construction damage due to settling or swelling caused by alluvial gravels and location of construction site. The additional conditions address these concerns. The Department of Planning Services' is requesting that the Weld County Planning Commission approval of the change of zone request along with the four Conditions of Approval. The applicant, Donald Minch stated he wanted to place the land back into agricultural use and agreed with the four Conditions of Approval. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ron Sommer motioned that Case Number Z-498 be forwarded to the Board of County Commissioners with the Planning Commissions recommendation of approval. Zachary Allely seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes; Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. 5. CASE NUMBER: USR-1106 PLANNER: Gloria Dunn APPLICANT: David and Donna Reed REQUEST: A Site Specific Development Plan and Special Review Permit for a trash business in the A(Agricultural) Zone District LEGAL DESCRIPTION: Part of Lot 2, Union Colony Subdivision, in part of the NW4 of the SE4 of Section 9, T5N, R65 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to East 16th Street and east of Balsam Avenue (See Legal Description for precise location.) Gloria Dunn stated this case had been reviewed on February 20, 1996, and the Planning Commission members had recommended approval of this case to the Board of County Commissioners. The Department of Planning Service's staff has since determined the surrounding property owners list was not complete. Notification of all surrounding property owners has occurred and the public notification has been republished and this case is being heard again by direction from the Board of County Commissioners. Staff determined that this trash collection business is compatible with other uses in the area. Gloria stated the use by Special Review Permit does not meet the criteria of a home business because the majority of home businesses are conducted within the residence or an accessory building. Gloria Dunn explained this property is one-half acre in size. The access to the property is from an 18 foot easement from East 16th Street. Referral responses have been received from the Health Department and the Development Standards address issues such as odor, noise,and disposal of waste. Public Works requested that off street parking for the trash trucks be identified on the plat and the 18 foot easement not be obstructed. The Greeley Planning Commission is recommending approval of the application with the following conditions: 1) Storage area SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 2, 1996 Page 5 should be screened with year round material from East 16th Street; 2)The permit should limited to five years or not transferrable to future owners. Staff has received two objections and four letters in favor of the requested use from surrounding property owners. The Department Planning Services is recommending approval of this application with the three Conditions of Approval and the 26 Development Standards. Staff is recommending the additions of two Development Standards which are as follows: #27 No waste shall be stored on site or in trucks at any time;#28 The spray painting of the trash trucks and trash dumpsters shall not be allowed on site. Discussion followed and it was determined that Development Standard #27 was repetitive and should be deleted, but Development Standard #28 should be incorporated and subsequent renumbering. Shirley Camenisch did have concerns regarding the allowance of spray painting on site. Gloria Dunn explained the health hazards of airborne chemicals. Gloria stated the applicants only do touch up spraying. The Weld County Health Department would require spray painting only inside an enclosed area, but the applicants would need to meet the Weld County Building Code requirements if this was allowed. Mr. Keith McIntyre, Attorney for the applicants, asked Gloria Dunn if the spray painting of the trash trucks meant no touching up as well. Gloria Dunn stated that no touch-up spray painting would be allowed. Mr. McIntyre requested to remove Development Standard#10, as the planning commission had voted at the first hearing. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. Linda Atkins, surrounding property owner, stated they live directly behind this property and spoke in favor of this application. Richard Eisenbarth, surrounding property owner,had concerns with odors, rodents, noise, traffic conditions and time factor of this application. Mr. Eisenbarth had a petition from surrounding property owners in opposition of this application and numerous photographs. Shirley Camenisch had concerns on how many surrounding property owners within 500 feet signed this petition. Mr. Eisenbarth stated ten of the signatures were within 500 feet. Planning Commission members questioned the Health Department of receiving any complaints from surrounding property owners on health issues Trevor Jiricek, Health Department stated he was not aware of any complaints had been received and he would check on it. Arlan Marrs expressed concerns on rodents in the area if this would be caused from this business. Trevor Jiricek stated there definitely could be concerns, but by eliminating any trash on site or in trucks would help Planning Commission members addressed the issues on Development Standard#10. Arlan Marrs motioned Development Standard# 10 be removed from the record. Marie Koolstra second the motion. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 2, 1996 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. Ron Sommer motioned Development Standard#28 be added to the record. Cristie Nicklas seconded the motion(upon final completion of the resolution [renumbering due to deletions] it would become Development Standard#26). The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-no; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. Ann Garrison motioned that Case USR-1106 be forwarded to the Board of County Commissioners with Planning Commissions recommendation for approval. Zachary Allely seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Zachary Allely-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried. Meeting adjourned at 2:37p.m. Respectfully submitted etDOa Jill Boshinski Secretary Hello