HomeMy WebLinkAbout20131684.tiffHEARING CERTIFICATION
DOCKET NO. 2013-38
RE: CHANGE OF ZONE, COZ13-0001, FROM THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - WAKE LLLP, C/O
A. BRUCE JOHNSON
A public hearing was conducted on July 3, 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, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
la I hereby certify that pursuant to a notice dated May 31, 2013, and duly published
June 5, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of
Wake LLLP, c/o A. Bruce Johnson, for a Change of Zone, COZ13-0001, from the R-1 (Low -
Density Residential) Zone District to the 1-3 (Industrial) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, reviewed the referral agency responses, and entered the favorable recommendation
of the Planning Commission into the record as written. He stated there is another zoning
request for oil and gas use on the adjacent property, there is direct access onto U.S. Highway
85 from O Street, the site is well screened by deciduous trees, and there are two single family
residences close by. Mr. Gathman stated he was contacted by one property owner concerned
about extra traffic, and by a Pleasant Valley Estates representative worried about property value
impact due to the trees not screening the view in the winter time. He said staff recommends a
note be placed on the plat indicating that, at the time of site plan review, screening and buffering
may be required. Any future uses will be required to adhere to the Airport District Overlay
requirements. CDOT indicated they would review the proposed development in terms of traffic
at the site plan review, and future development can be served by the North Weld County Water
District. Mr. Gathman stated there is no time frame for development of the project, he noted
that the referral response from the City of Greeley had recommendations on future right-of-way
requirements, and he presented photographs of the site.
El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He said this is a straight Change of Zone, but the parcel may be split
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or have a PUD in the future. He noted that Weld County maintains O Street at this location and
it is designated an arterial. He said the letter from CDOT may indicate intersection improvement
requirements and discussed the intersection and traffic counts; the southern end is in the flood
zone. He discussed various notes which will be added to the plat by staff, Conditions of
Approval #2.F.5 through #2.F.12.
El Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She noted receipt of a letter from the North Weld County Water District.
El Bruce Johnson, General Partner for Wake, LLLP, asked the Commissioners if they had
any questions for him.
tg No public testimony was offered concerning this matter.
tg Commissioner Kirkmeyer asked when it was changed to low density residential, and
Mr. Johnson replied back in 1972 (approximately). Mr. Johnson said preliminary engineering
was done on the site; the southern end is a natural draw, and they will put a retention structure
there in the future. He mentioned that part of their plan included irrigation for landscaping,
which will be beneficial to the site. He stated his opposition to the extra 140 -foot right-of-way.
He asserted that O Street has Stop signs on every intersection and dead -ends at the airport, so
it does not seem like an important arterial.
ta Commissioner Kirkmeyer asked to delete Condition of Approval #1.B, which was done by
assent of the Board. She also noted a typo under Condition of Approval #2.B. She requested
the deletion of the words "typical details for all Best Management practices to be utilized," in
Condition of Approval #2.F.9, because she feels that "Best Management practices" should not
be a regulation. She also requested the deletion of #2.F.11; all changes were made by assent
of the Board. Commissioner Rademacher suggested changing "shall" and "will" to "may" on
Conditions of Approval #2.F.20 and #2.F.21, which was done by consent of the Board.
Commissioner Conway brought up the right-of-way issue, and Mr. Carroll said that there is
heavy traffic on that road, and staff wants to reserve additional right-of-way to keep the future
options open. El Commissioner Kirkmeyer agreed that, because the area is becoming
industrial and commercial, additional lanes may be required and buildings should be far enough
back to accommodate change. Mr. Gathman noted the City of Greeley right-of-way requirement
may be deleted, but Commissioner Conway said to leave it in as part of the referral process,
because the likelihood is that Greeley will annex this area at some point. Commissioner
Rademacher concurred.
Mr. Johnson agreed to abide by the Conditions of Approval, as amended.
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El Commissioner Rademacher moved to approve the request of Wake LLLP, c/o A. Bruce
Johnson, for a Change of Zone, COZ13-0001, from the R-1 (Low -Density Residential) Zone
District to the 1-3 (Industrial) Zone District, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval as entered into the record. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:14 a.m.
This Certification was approved on the 8th day of July, 2013.
BOARD F COUNTY COMMISSIONERS
WELD LINTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy erk to the Boar��--,'!'�
Sean P. Conway
William F. Garda, Chair
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