extremely ugly people

FRUITA PLANNING COMMISSION MINUTES On Tuesday, 01/11/05 at 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. AMENDMENTS TO THE AGENDA D. APPROVAL OF THE AGENDA Bill Tallon- Madam Chairman I move that we accept the agenda as submitted. Joseph Barcott- I Second the motion. The Commission is polled- 7 Yes Votes E. APPROVAL OF MINUTES Joseph Barcott- Madam Chairman I move that we approve and accept the minutes as written. Charles Green- I second the motion. The Commission is polled- 1 Abstain, 6 Yes Votes. F. HEARING ITEMS Admin 1-1-05 Fruita Home Front Subdivision Application: Annexation/ Administrative Subdivision Petitioner: Home Front Management, LLC Location: 1880 J Road Zone: Rural Agriculture A request to approve a Annexation/Administrative Subdivision for a 9.26 acre parcel consisting of 3 lots with an overall density of 3 acres per dwelling unit and In a projected Rural Agriculture Zone. Frances C. Jessup Summarizes the Annexation Petition. Bennett Boeschenstein- Summarizes Staff review comments. Eric Mende- Summarizes Staff review comments. Susan Carter- Opens the Hearing to the Public, hearing none the public hearing was closed. Tim Grimsby- No Questions. Bill Tallon- No Questions. Terri Roth- Questions the Agenda Item Cover Sheet and Recommendations. Bennett Boeschenstein- Explains that the Two Options available for action. Charles Green- No Questions. Lori Buck- I don’t have any questions either. Joseph Barcott- The issue of street names came up last month also and I guess \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 1 I am just wondering if we are ever going to expand on that plan or are we going to vary from that. Obviously it doesn’t really apply to what is before the commission right now but it seems that the issue might be coming up more and more often. I am wondering if there is going to be any flexibility in the future on that scheme. Bennett Boeschenstein- Explains the City’s concept for street naming, I don’t know why they chose the name Rich and perhaps Mrs. Jessup can tell us or maybe the surveyor chose that name or where did that come from? Francis Jessup- I really don’t know, I think that it was formed a long time ago. Eric Mende- Yes, that is my understanding as well that Rich Avenue was previously plated, it is a plated name at this point in time. If you will notice on your sheet that plated right of way actually extends from J to J.2 road, so it extends beyond the boundary of this particular property. If and when that ever did develop it is along the 18 ¾ Road alignment and if there where some major subdivision that would go in there I am sure we could address street name at that time. Joseph Barcott- I guess I am wondering a couple of things on a scale of one to ten how hard does the City lean on people to name the streets after notable people or trees depending on the direction. Once we run out of tree names will the city at some point declare that all the tree names are taken so we can go now to famous sports figures or something. Bennett Boeschenstein- Down on 340 we have used the dinosaur names and also Kokopelli names, so we have quite a variety of street names in town already. Joseph Barcott- So there is flexibility, it is not absolutely mandatory. Susan Carter- This is in the receiving area for TDR,s but they are not using any TDR’s for this project. Bennett Boeschenstein- We made them aware of that and they have not chosen to do that. Perhaps in the future if the sewer gets there they could re-subdivide if they got TDR’s. Bill Tallon- Eric you are certainly made aware by the county if an engineered septic is required and have access to that information. Eric Mende- Yes sir, the buildability of that lot is driven in large part by the ability to put a septic system on it. So before they were to pull a planning clearance they would have to show us a copy of their permit for the ISD system. Bill Tallon- The really important criteria besides the county giving there approval is the requirement that they connect to our system once it comes within3 400 feet or so. \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 2 Eric Mende- It really is part of the annexation agreement, if this was already in the city and was not subject to an annexation then the requirement to connect when you are within 400 feet of the sewer would change a little bit under our land use code. It only applies if your septic system fails, under this stipulation once the sewer reaches within 400 feet regardless of the condition of the septic system the stipulation will be to connect. Teri Roth- Questions the Water Quality Control offices comment. Eric Mende- Yes, the State Water Quality Division, that is pretty much one of there standard comments. They do not like septic systems, however it is allowable under our code and it is unrealistic to expect Mrs. Jessup or anybody to extend ½ mile of sewer to service three lots. Joseph Barcott- Madam chairman I move that we approve the request for annexation and the request for a zone of annexation to Rural Agricultural. Subject to review agency comments and staff recommendations. Lori Buck- I will Second. The Board is polled- 7 Yes Votes. 01-3-05 Hughes Ranch Application: Annexation Petitioner: Sam E. & Gladys L. Dabbs Location: 977 17 1/4 Road Zone: Community Residential A request to approve a Annexation for a 1 acre parcel consisting of 1 lot In a project Community Residential Zone. Sam Dabbs- Summarizes the request for annexation. Bennett Boeschenstein- Summarizes Staff review comments. Eric Mende- I did not have any review comments for this proposal. Susan Carter- Opens the hearing to the Public, No comment was made and the public hearing was closed. Joseph Barcott- I have no comments, everything looks great to me. Lori Buck- Questions the complaint about the fence falling down. Bennett Boeschenstein- Mr. Dabbs has not done his minor subdivision but he does intend to do a subdivision as I understand it. He will put through a pedestrian walk path, which was taken out a number of years ago. I think that has caused a lot of kids to tear the fence down, because they use to walk through there. The property owner to the south objected strongly to that walk path and the City Council decided to Vacate it. However Mr. Dabbs has indicated that he is willing to dedicate a 20 foot strip on his side of the property \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 3 allow a walk path through there. Lori Buck- So where would that walk path be. Bennett Boeschenstein- It would be south on his property. Charles Green- No comments. Teri Roth- I have no comments. Bill Tallon- It is good to see, being able to annex these enclaves into the system. After looking at the annual report from the planning department and this information it is certainly beneficial in my mind to have control as the City grows, to City regulations versus what is required or permitted under the County regulations. Tim Grimsby- I have no questions. Susan Carter- Questions the rental of water shares. Eric Mende & Bennett- That is an issue for subdivision. Bill Tallon- Madam chairman I would make a motion that we forward a recommendation of approval setting a hearing for the Hughes Ranch Annexation, including the zone of annexation of Community Residential. Joseph Barcott- Second. The Board is Polled- 7 Yes Votes. 01-4 05 Annual Plan of Annexation Application: Plan of Annexation Petitioner: City of Fruita Location: Within the City of Fruita City Limits Adoption of the Annual Plan of Annexation in accordance with CRS 31 105. This plan has been prepared and is available for public inspection at the Fruita City Hall, 325 E. Aspen Ave., Fruita, CO 81521 Bennett Boeschenstein- Reviews the Annual Plan of Annexation (See Attached). Bennett Boeschenstein- Reviews the TDR Program. Bill Tallon- (Force annexation of enclaves) At some point the welfare of the public in general, to address the junk ordnance it may be a tool in getting some relief in these types of situations. Bennett Boeschenstein- Yes it is something for City Council to Discuss. Joseph Barcott- I am curious as to how that might come up, obviously it is a City Council decision, I could see City Council bringing it up on its own, I could see \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 4 maybe staff bringing it to the attention of City Council, what are some ways that it might come up. Bennett Boeschenstein- They would pass a policy or else direct us to look at particular enclaves and we would prepare the annexation petition and the City actually becomes the applicant for the annexation if the owner refuses to and we run it through public hearings but in the end the City can annex it under state law. Bill Tallon- I think the end motivation for this would be the residence and the citizens that live around these areas bringing it to the fore front and requesting the City to annex it. Lori Buck- Perhaps orchestrate it with Code Enforcement as well, If you get a lot of calls about a particular property. Susan Carter- Opens the hearing to the Public, No Comment was made. Tim Grimsby- I have been involved in involuntary annexation processes with another governmental agency and believe me they can get extremely ugly, extremely quick. I have been involved with the annexation of a very large and then the de-annexation of it to stop the civil unrest. So I would advise everybody when considering this to walk carefully and make sure that we actually have the interest of Fruita and everybody else in mind when we step forward and start forcing people to do something that they technically don’t want to do. Bill Tallon- Our Code Enforcement program is driven by complaints from other citizens and that parallels that. Tim Grimsby- Complaints from other Citizens and issues from other citizens of the City of Fruita are great and that is a reason to proceed but if the City of Fruita proceeds own just to annex just for the sake of annexation it can get really ugly. Bill Tallon- Certainly it would be a last resort and I think we would all be hopeful that the market itself will take care of these problems they become to valuable and they will eventually develop and come into the City on their own. But on the other hand I think it is important to take steps to protect peoples property and property rights as areas develop within the City limits and again it would be a last issue but it is available to them. Susan Carter- I would have to agree with the stance that the City has taken and just to softly approach it. We have a good list of people and send them a flyer on why they should annex, just to start at that minimal step with the benefits of annexing. Tim Grimsby- I agree with that, I think that there is no reason not to approach these people and ask them if they want to come into the City and provide them with a list of benefits. Bill Tallon- I would certainly recommend when we make a motion to accept this \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 5 that we request that we put it on a workshop agenda for the City Council Issue. With that, I would make a motion that we approve the 2004 annual plan of annexation and recommend to the City Council that they put it on the workshop agenda in the near future a discussion of when and if forced annexation is requested what is there feelings on it. Lori Buck- I will Second. The Board is polled- 7 Yes Votes. 01-5-05 Amendment to Fruita Community Plan 2020- Revised Fruita Area Street Classifications A proposed Amendment to the City of Fruita Community Plan 2020 (including Map and Map 6) adopting a revised Street Classifications Plan, Dated 12/1/04 Bennett Boeschenstein- Summarizes the Fruita Area Street Classifications and formal Amendment to the Fruita Community Plan 2020. Eric Mende- Summarizes how this Plan came about. Susan Carter- Opens the hearing to the public, No comment was made the hearing was closed. The Commission Discussed Street Classification and Number of lanes on specific streets. Eric Mende- I will bring all of these issues up at our next traffic committee meeting. I also will put an article in the next City Link. Joseph Barcott- Madam chairman I move that we recommend to the City Council the adoption of the Fruita Area Street Classifications Map prepared by staff dated December 29, 2004 as an Amendment to the City Fruita Community Plan 2020. Bill Tallon- I second the motion. The Board is Polled- 7 Yes Votes. 01-6-05 Other Business 1. TDR Progress 2. Annual Report 3. U.S. 6 Highway widening and beautification 4. Visitors & Guests. Bennett Boeschenstein- Summarizes the Annual Report. Visitors & GuestDave Karisny- I think you have a very dynamic Planning Commission now and it is just such a great group of people. G. ADJOURNMENT- \\Pen_1\pen_1\Planning\Agendas & Minutes\011105 Minutes.doc 6