HomeMy WebLinkAbout20130431.tiffHEARING CERTIFICATION
DOCKET NO. 2013-10
RE: CHANGE OF ZONE, PUDZ12-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) LOTS
WITH C-3 (COMMERCIAL), AND I-1, 1-2, AND 1-3 (INDUSTRIAL) USES - BIG
THOMPSON INVESTMENT HOLDINGS, LLC
A public hearing was conducted on February 13, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated December 21, 2012, and duly published
December 26, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Big Thompson Investment Holdings, LLC, for Change of Zone, PUDZ12-0003, from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6)
lots with C-3 (Commercial), and I-1, 1-2, and 1-3 (Industrial) uses. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and location. He reviewed the referral responses, specifically, the City of Greeley
which indicated annexation would be required if connection to public water and sewer were
pursued, and the Town of Kersey, which indicated no conflicts with its interests. He also
reviewed the requirements of the Airport Overlay District and displayed an aerial vicinity map
indicating the location of surrounding residences. Mr. Gathman referenced the existence of a
pending sales contract and stated Conditions of Approval #2.A.2 and #2.1 requiring a
Landscaping and Screening Plan can be deleted if the contract is finalized. He stated the
applicant is requesting approval of the Change of Zone (COZ) as a Specific Development Guide
and administrative review of the Final Plan; however, due to the insufficient Drainage Plan, staff
recommends it be approved as a Conceptual Design and that the Final Plan be reviewed by the
Board of Commissioners. He displayed maps and photographs of the site and surrounding
area. In response to Commissioner Kirkmeyer, Mr. Gathman stated the Administrative process
takes approximately 45-60 days to complete, and the Board review may add a couple of weeks.
He further stated the Planning Commission recommended approval of the request on a vote
of 7 to 2.
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ID Heidi Hansen, Department of Public Works, provided a brief overview of the roadway
classifications, anticipated transportation loads and improvements requirements. She stated
staff has requested a COZ Drainage Report and, depending on the content, it may result in
revisions to the final design and layout. In response to Commissioner Rademacher,
Ms. Hansen stated there is no average daily traffic (ADT) count on County Road (CR) 62 due to
the dead-end nature of the road, and staff is working with the City of Greeley to address
complaints regarding the water depot activity which has resulted in deteriorated road conditions.
She further stated the ADT on CR 47, taken in 2010, was 316 vehicles.
e Lauren Light, Department of Public Health and Environment, reviewed the preliminary
water and sewer provisions and explained further review will occur during the Site Plan Review
(SPR) process as the individual lots are developed.
El Tom Haren, AGPROfessionals, represented the applicant and reviewed the site plan
layout and surrounding land uses. He displayed a PowerPoint presentation, marked Exhibit E,
which he reviewed for the record, addressing the review criteria, airport overlay district, water
and sewer, road/highway systems, potential development already in process, and benefits. He
confirmed they do have a pending sales agreement with the adjacent property owner pending
approval of this application. IR Chair Garcia clarified the Airport Authority Board has not
reviewed this matter, and Mr. Haren concurred their discussions have been limited to Airport
staff.
ID Todd Drommand, owner of the single family residence surrounded on three sides,
indicated he supports the application, the applicant has been easy to work with, and he is
pleased with the relocation arrangement.
ID Eric Angus, surrounding property owner, expressed no opposition to the specifics of the
proposal; however, he asserted the intersection of CRs 62 and 47 needs to be improved due to
damage from the significant amount of truck traffic already in the area. Commissioner
Rademacher commented plans for improvements to CRs 49 and 47 started ten years ago and
there has been significant public notice; however, Mr. Angus indicated he moved to the area in
2005. Commissioner Kirkmeyer explained the realignment is to the southern portion of CR 49,
south of CR 47, four proposals were reviewed, and they are also looking at improving CR 47,
north of State Highway 392. In response to Commissioner Conway, Mr. Angus requested turn
lanes in both directions.
ID Dennis Hoshiko, surrounding property owner, expressed concern with the existing traffic
density in the area, and asserted expansion of CR 49 will only serve to increase traffic further.
He referred to staff's photographs of the intersection depicting truck tracks resulting in road
damage at the intersection of CRS 47 and 62 and explained there is an agricultural/oil and gas
access along the northern property line which has been addressed with the applicant. El In
response to Commissioner Kirkmeyer, Mr. Hoshiko stated he has no interest in the irrigation
ditch located within the subject property. Responding to Commissioner Conway, Mr. Hoshiko
reiterated the need for acceleration/deceleration lanes to improve the turning radius. In
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response to Commissioner Conway, Ms. Hansen stated the traffic count for CR 47 was done in
2010, and is scheduled for an updated count this year.
IR Mr. Haren expressed agreement with the removal of Conditions of Approval #2.A.2
and #2.1 relating to landscaping/screening, pending confirmation of the sales contract. He
stated the application was submitted as a Specific Development Guide, the Site Plan and
engineering have been completed, and he does not want a pending Drainage Plan to hold up
the entire process. He explained staff requested an additional 40 feet for CR 47 right-of-way,
which has delayed a finalized Drainage Plan, and he proposed the option of providing a Final
Drainage Plan for Lot 1, which is slated for development by the Dairy Farmers of America, and
also work with the County for a regional approach to address the ditch along CR 47. He further
stated the water depot operated by the City of Greeley, and oil and gas mud land application at
the Airport, have already triggered road improvements; therefore, the applicant should not be
held accountable for resolving prior conditions, and any improvements made at this time will
likely be removed when the County widens the roadway.
El In response to Commissioner Kirkmeyer, Mr. Gathman stated staff is recommending the
Final Plan be reviewed by the Board, and although the SPR could be reviewed concurrently, it
could not be finalized until the Final Plan plat is recorded. Commissioner Kirkmeyer stated staff
and the applicant should be able to work through the technical aspects of the intersection and
drainage issues, and the Board agreed the City of Greeley and Airport Authority may also need
to be involved in the discussions. F In response to Commissioner Kirkmeyer, Ms. Hansen
stated the Greeley Water Depot is not within the County; however, they are utilizing and
impacting the County roadways and the adjacent drainage ditch. She further stated the
Greeley -Weld County Airport Authority also needs to address the matter. El The Board
agreed that when the regional roadway and drainage project are discussed, the surrounding
property owners and public members who are present today should be invited to participate.
F In response to Commissioner Kirkmeyer, Mr. Gathman explained Condition of
Approval #1.A is simply requiring the applicant to submit a written response to the referral
submitted by the City of Greeley. Commissioner Kirkmeyer proposed the deletion of Conditions
of Approval #1.B and #1.C and the Board concurred. Responding further to Commissioner
Kirkmeyer, Ms. Hansen and Mr. Haren addressed the status of the ditch referenced in Condition
of Approval #2.C and the Board agreed to delete the last sentence. Based on staff's
explanation, the Board also agreed to delete Condition of Approval #2.K, since it is addressed in
Condition #2.J, and to modify Condition of Approval #3.B to delete "and Urban Drainage
Standards". F Following discussion concerning the process pursuant to a Specific or
Conceptual Development Guide, the Board agreed to delete criteria paragraphs #2.H.1 and
#2.H.2 and amend the second to last sentence of paragraph #2.H to state, "This PUD has been
submitted as a Specific Development Guide." The Board also instructed staff to provide notice
to the surrounding property owners and those in attendance today at the time of review for the
Final Plan and the regional roadway/drainage issue.
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E Mr. Haren referenced Condition of Approval #2.A.4 and criteria paragraphs #2.A.5, #2.B.1
and #2.B.5 and explained internal paving is currently required by the Code and as a result of
concern for the surrounded property; however, the applicant is proposing concrete entrances for
200 feet into the property and a 30 -foot internal gravel road, since asphalt is easily damaged by
trucks and the adjacent landowner is relocating. El Based on staff's explanation, the Board
agreed to waive the paving requirement and only require 30 feet of right-of-way, with dust
control to be addressed in the Road Maintenance A reement and the understanding that the
road will not be accepted for County maintenance. IN In response to Chair Garcia, Mr. Haren
stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval,
as proposed and amended.
El Commissioner Kirkmeyer moved to approve the request of Big Thompson Investment
Holdings, LLC, for Change of Zone, PUDZ12-0003, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for six (6) lots with C-3 (Commercial), and I-1,
1-2, and 1-3 (Industrial) uses, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. Her motion included
deleting criteria paragraphs #2.A.5, #2.B.1, #2.B.5 and modifying Condition of Approval #2.A.4
to waive the paving requirement and reduce the internal right-of-way width to thirty (30) feet;
deleting criteria paragraphs #2.H.1 and #2.H.2, and revising the second to last sentence of
paragraph #2.H to state, "This PUD has been submitted as a Specific Development Guide."
Additionally, she moved to delete Conditions of Approval #1.B, #1.C, #2.A.2, #2.1, #2.K, and the
last sentence of #2.C, and modify Condition of Approval #3.B to delete the words "and Urban
Drainage Standards." (Clerk's Note: Criteria paragraph #2.A.4 was also modified to remove the
last two sentences which were redundant and referred to paving, and at the request of the
applicant, staff agreed it was consistent to delete the second sentence of Condition of Approval
#1.D.7 - see Exhibit F.) The motion was seconded by Commissioner Rademacher. The Board
also directed staff to work with the City of Greeley and the Airport Authority to look at a regional
approach for resolving transportation impacts and the adjacent drainage system, with notice to
surrounding property owners for public input concerning the matter. There being no further
discussion, the motion carried unanimously and the hearing was completed at 12:27 p.m.
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This Certification was approved on the 20th day of February, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COJ4NTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
he Boa
\klam F. G
oug -. RademacI4er, Pro -Tern
CUSED DATE OF APPROVAL
an P. Conway
CUSED DATE OF APPROVAL
ike Freeman
/
rbara Kirkmeyer
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 13T" DAY OF FEBRUARY, 2013:
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4350 Hwy 66, Longmont, CO 80504
4350 Hwy 66, Longmont, CO 80504
1613 Pelica Lakes Point Ste. 201, Windsor, CO 80550
22785 CR 62 Greeley, CO 80631
22785 CR 62 Greeley, CO 80631
5937 W 4th Street, Greeley, CO 80634
15950 CR 47.5 LaSalle, CO 80648
48645 , CR 29 Nunn, CO 80648
829 S. HWY 85 Frontage Road, Nunn, CO 80648
4986 Boothville Road, Doyline, LA 71023
30740 CR 47 Greeley, CO 80631
eric.angus@cdschurch.org
1811 38th Ave. Greeley, CO 80634
dhoshiko@vahoo.com
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Tim Naylor, AGPRO
Glen Czaolewski, AGPRO
Justin K. Mauler, DFA
puowwwa pool
Kristi Hayden
Warren Sitzman
Ray Nelson
Nick Varra
Kevin Carter
John Jackins
Eric Angus
Dennis Hoshiko
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Hello