HomeMy WebLinkAbout20120342.tiff HEARING CERTIFICATION
DOCKET NO. 2012-05
RE: CHANGE OF ZONE, COZ11-0001, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BIG THOMPSON INVESTMENT
HOLDINGS, LLC
A public hearing was conducted on February 1, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair- EXCUSED
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tom Parko
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2011, and duly published
January 4, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Big Thompson Investment Holdings, LLC, for Change of Zone, COZ11-0001, from
the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
Chair Pro-Tem Garcia advised the applicant's representative, Tom Haren, AGPROfessionals,
LLC, that he has the option of continuing this matter to a date when the full Board will be
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Conway will listen to the record and make the determining
vote. Mr. Haren indicated he would like to proceed today.
Tom Parko, Department of Planning Services, presented a brief summary of the proposal and
the location of the site. He reviewed the Code criteria and staff findings for the record and
explained the intersection of County Road 44 and U.S. Highway 85 was previously recognized
as an Urban Development Node. Mr. Parko indicated the COZ is intended to help market the
property and provide the potential for uses allowed in the 1-3 Zone District, as well as the I-1 and
1-2 Districts following approval of a pending Ordinance. He indicated the location of the access
from County Road (CR) 33 and stated the proposed access from CR 44 cannot be utilized until
improvements and realignments are made. He further stated the Planning Commission
recommended denial of the application on a five to two vote, with one member absent and one
member abstained. Mr. Parko stated the number of employees and hours of operation will
remain unknown until future uses are determined through the Site Plan Review (SPR) or Use by
Special Review (USR) process. He stated 16 referral agencies reviewed the proposal, five
responded favorably or offered comments which have been addressed in the Conditions of
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Approval and Development Standards, and staff also received various inquiries regarding the
application from area residents. In response to Chair Pro-Tem Garcia, Mr. Parko explained any
use, even a Use by Right, will still require a SPR, which entails an administrative review of
traffic, lighting, landscaping, sighting, etcetera; however, there is no public notice or hearing. He
displayed a vicinity map and photographs of the area and explained the intersection of County
Road 44 (State Highway 256) is technically no longer an Urban Development Node because the
highway was turned over to the County; however, it is still a major intersection, with rural
residential, commercial, and light industrial uses within close proximity. In response to
Commissioner Rademacher, Mr. Parko stated both lots total 113 acres, and there are a couple
of residences east of the subject site. Responding to Commissioner Kirkmeyer, Mr. Parko
explained Commercial and Industrial uses are allowed in the A (Agricultural) Zone District if they
go through the USR process.
Heidi Hansen, Department of Public Works, stated because there is no known end user at this
time, staff has notified the applicant that a SPR application will require a complete traffic study,
drainage report, site layout, and an improvements agreement and access permits based on a
specific use. She stated the average daily traffic count on CR 44, taken in 2011, was
approximately 1,400, and the average for CR 33, in the year 2010, was approximately 260
vehicles. She further stated staff will need to investigate whether the surrounding USR's are
required to contribute to impacts on County roads when determining what to require of the
future uses.
Janet Carter, Department of Public Works, confirmed the improvements will only be required if
the future use(s) create substantial impacts that warrant upgrades. Commissioner Rademacher
noted the referral from CDOT indicates no comment at this time due to the unknown use.
Lauren Light, Department of Public Health and Environment, stated staff will review and make
specific requirements for waste, dust, etcetera, once a specific SPR or USR application is
submitted. She stated there is a Will Serve letter for the site from the Central Weld County
Water District, and the future uses will require designed septic systems which will be reviewed
by the Board of Public Health.
Mr. Haren stated the COZ will establish a flexible plan to develop the site into four to six lots,
ranging from five to twenty acres. He indicated Weld County currently has only seven sites with
1-3 zoning and they are all occupied, and he believes this proactive zoning will attract
businesses due to the "shovel ready" location near a major intersection with suitable access.
Mr. Haren stated many agriculturally-related companies need industrial/commercial sites and he
displayed a conceptual design and indicated the intensity of the future uses will be limited by the
use of septic systems. He stated the site is conveniently located in the center of the Denver-
Julesburg (DJ) Basin and additional commercial/industrial-zoned sites will help support the
appropriate location of growing businesses and may result in fewer zoning violations. Mr. Haren
described the surrounding full-movement intersections, accesses, and potential future
improvements for the record, and indicated SPR's or USR's will also be subject to
Improvements Agreements, with traffic triggers for improvements, which can direct where traffic
goes. He stated Ms. Carter did inform them of the County's policy to restrict new accesses on
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major arterials, unless there are extenuating circumstances; however, the subject site does
allow flexibility and the applicant is willing to work with the County. Mr. Haren reviewed the
various types of businesses which may be suited for the future lots, which are similar to existing
uses in the area. He displayed a PowerPoint presentation, marked Exhibit E, regarding
compliance with the Comprehensive Plan, compatibility with existing uses and the adjacent rail,
access to utilities, road and highway facilities, a pending agreement with Anadarko for minerals,
overlay districts, and the growth boundary for the Town of Gilcrest. He also reviewed the
various design standards, and stated the applicant is requesting a Condition to notify the
neighborhood when a SPR application is submitted to allow for public review and input.
In response to Commissioner Garcia, Mr. Haren deferred to staff on the specific language and
placement for the new Condition. Ms. Carter explained her criteria when reviewing an access
permit request and expressed concern with granting an access to County Road 44. In response
to Commissioner Kirkmeyer, Ms. Carter indicated the location of the current access on County
Road 44, which has better spacing than the proposed access; however, she still recommended
against adding new industrial level accesses to the north and added CDOT will be lengthening
the acceleration/deceleration lanes on U.S. Highway 85 to increase safety.
Lynette Kilpatrick, surrounding property owner, expressed concern with granting a Change of
Zone which provides the opportunity for future businesses to move in without notifying the
neighborhood of their intentions. She stated the site is also a poor location due to the future
realignment of CR 33 between the site and the railroad, and indicated the accesses to
Highway 85, at CR's 44 and 42, are not suited for large, slow-moving semi tractor trailers to flow
into existing background traffic. Ms. Kilpatrick also expressed concern with decreased property
values and views, the need to protect productive agricultural land, and the creation of buildings
which will be vacant once the oil and gas industry dwindles. She submitted a petition with 118
signatures in opposition to the proposal, marked Exhibit I.
Cheryl Clausen, surrounding property owner to the east since 1968, expressed opposition to the
proposed COZ and endorsed the Planning Commission's denial recommendation. She stated
the agricultural heritage of the site should be preserved; the principles of Big Thompson do not
reside in Weld County and will not be impacted by the zoning change. She also expressed
concern with existing traffic hazards due to excessive speeds, movement of large equipment,
limited sight distances, and lack of infrastructure or emergency responders in the area. In
response to Commissioner Kirkmeyer, Ms. Clausen stated she also expressed opposition to the
previously approved USR's in the area as well.
Jose Cervantes, surrounding property owner, expressed concern with the proposed access on
CR 44 due to the presence of three school bus stops along that route. He stated the excessive
speeding is not regularly enforced, the intersection is unsafe, the complexity of the intersections
is a problem for emergency responders, and noise will impact the area residents at night.
Mr. Cervantes submitted his written comments, marked Exhibit J.
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Stan Gingrich, surrounding property owner to the east, stated the intersection of
U.S. Highway 85 and CR 44 is one of the most hazardous intersections in Weld County and
they drive out of the way with their agricultural operations to avoid the area. In response to
Mr. Gingrich, Commissioner Kirkmeyer confirmed it would have been inappropriate for the
applicant to make a presentation to the U.S. Highway 85 Coalition; however, the group has had
extensive discussion on the intersections at CR's 42 and 44. Mr. Gingrich stated the proposed
use should be directed to a nearby municipality, the applicant has not offered to pay for the cost
of any improved infrastructure, and he agrees with staff's recommendation to prohibit the site
from accessing CR 44. If approved, he requested the industrial uses be restricted from cutting
through his father-in-law's property to the north. Commissioner Kirkmeyer commented when
the U.S. Highway 85 Corridor Plan was developed, it was acknowledged that this would be a
Commercial/Industrial Node.
Doug Graham, surrounding property owner to the west, stated his property will be most
impacted by the dust, noise, and traffic generated at the site. He disagreed with the applicant
and stated there appears to be many vacant commercial/industrial properties throughout the
County, and the existing USR's in the immediate vicinity are agriculturally related; not oil and
gas. He further stated the site is in close proximity to residential, there are no shoulders on
CR 44, and the egress lanes on U.S. Highway 85 are short at CR's 42 and 44. Mr. Graham
stated he purchased his property in June, 2011, and the potential use of the subject site will be
a large detriment to the rural living conditions.
Dave Petrocco stated he purchased the six-acre Martin Produce facility in 2009, which is used
for onion storage and sorting. He stated he has no opposition to the proposed zone change and
respects his neighbor's judgment on the best development of the subject property.
Chair Pro-Tem Garcia recessed the hearing until 1:30 p.m. Upon reconvening, Arturo
Cervantes, surrounding property owner to the northeast of the site, stated his four younger
siblings wait for the school bus, which makes three stops along CR 44 and then turns south and
makes several more stops along CR 33. He expressed concern for the safety of kids waiting
along the roads to catch the bus and requested clarification on the displayed Urban Node and
whether it is current. Mr. Parko stated the current GIS map does not show this as an Urban
Node.
Steve Woodward stated he works in the agricultural industry; however, Weld County has very
limited industrial sites and this proposal would be very beneficial.
Jerry Kilpatrick, surrounding property owner to the southwest, expressed his opposition to the
proposal and commented the previously recognized Urban Node boundary barely skirted the
subject property. He stated the applicant is just trying to make money on dried up land, while
disturbing area wildlife and residents. He asked the Board to choose wisely and protect the
farming of Weld County.
Irene Peppier, surrounding property owner at the corner of CRs 33 and 42, expressed
opposition to allowing industrial uses on prime agricultural land and increasing traffic hazards
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and delays, noise, and dust. She indicated the locations of homes in the area on the displayed
map and stated the Administration office and athletic field for School District RE-1 and Gilcrest
Fire Protection District are also in close proximity.
Bill Jerke, LaSalle resident and former County Commissioner, stated he owns property five
miles from the site and is also a Western Ditch stock holder. He estimated ten to twenty percent
of the ditch rights are owned by urban municipal interests and stated in most instances he
strongly supports public policy makers protecting water for agricultural use; however, in this
instance the proposal appears to be the highest and best use for the property. He stated the
safety concerns can be mitigated with acceleration and deceleration lanes on CR 44, or by
restricting the access to CR 33 and use the light at CR 42. He further stated this location is a
good opportunity to gain double property taxes and attract business growth in an area that was
historically an urban node.
Roswell Checketts, LaSalle resident on CR 43, stated he owns and operates a local dairy farm
and, although he typically supports retaining farm ground, he believes this area would be a
prime location for the proposed use(s).
Mark Bradley, RealTech Commercial Real Estate Services, stated he works with both
agricultural operations and oil and gas companies to find suitable locations; however, there is a
shortage of sites with good road and rail access within the County. He stated companies are
looking for "shovel ready" sites to accommodate their needs and Weld County is losing jobs to
Wyoming and Larimer County. He further stated the Board should consider traffic routes
directly east in the oil and gas target area, which brings in tax base and building permit revenue.
Harry Strohauer stated he has farmed the subject property for more than ten years and is
usually looking for additional ground to farm. He stated it is good ground; however, it is not
conducive for an irrigation sprinkler. He further stated he understands the concerns of the
neighbors; however, he is confident the site will be developed correctly and will not likely affect
the residents to the extent they think. He agreed that agricultural companies are looking for
access along U.S. Highway 85 and he wants the site to continue to support agriculture.
Eric Berglund, interim CEO of Upstate Economic Development, stated their goal is to bring new
companies to the region. He stated industries want to remove any uncertainty by locating on
"shovel ready" sites; U.S. Highway 85 is the highest growth corridor in the County; and the
proposed rezoning will benefit the County tax rolls and the economy. In response to
Commissioner Kirkmeyer and Chair Pro-Tem Garcia, Mr. Berglund confirmed there is very little
Industrial-zoned property in unincorporated Weld County, and Upstate does get leads on
companies looking for this kind of"shovel ready" site or property with existing structures.
Ms. Kilpatrick returned and asked whether the Board had had an opportunity to review the
petition and written comments. She noted Dan's Garage signed on as opposed to the proposal,
and added the lack of industrial uses along the highway may be attributed to the difficult access
angle and other hazards previously discussed. There being no further comments, Chair
Pro-Tem Garcia closed public testimony.
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Mr. Haren stated the most predominant concerns are safety and traffic and whether or not to
use CR 44. He stated it is unusual to have three options for dispersing traffic or concentrating
traffic, the applicant is aware of the alignment issues on U.S. Highway 85, and it will likely be a
long time before the intersection at CR 44 is improved. He stated zoning violations often start
as a result of unexpected business growth and this is an opportunity to be proactive in
establishing a site for the appropriate uses. He further stated the County Code is very specific
on what uses can go in and the intensity of the future uses will be further restricted by the use of
septic systems. He reiterated the applicant is requesting the addition of a Condition to require
notification of the surrounding property owners in the event of a SPR application, and the
Comprehensive Plan supports this proposal. In response to Commissioner Kirkmeyer,
Mr. Haren stated the traffic signal at CR 42 was primarily for the benefit of the School District
and local fire protection district, and he agreed the conceptual plan for the project certainly
accommodates a new alignment further to the east or through the center of the site if necessary.
He clarified the application focused on the use of CR 44 because traveling on CR 42 will impact
more residences. Responding further to Commissioner Kirkmeyer, Mr. Haren stated some of
the traffic in the area is generated by existing agricultural industry and the proposed site may
complement the existing traffic, versus generating more.
In response to Chair Pro-Tem Garcia, Mr. Parko proposed the following language be added as
Condition of Approval #3.G.18: "The owner, and its heirs, successors, or assigns, agrees to
notify adjacent property owners within 500 feet of the property when an application for a Site
Plan Review (SPR) is filed with the County." The Board indicated agreement with the proposed
language and Mr. Haren stated he and the applicant have reviewed, and agree to abide by, the
Conditions of Approval, as proposed and modified.
Commissioner Kirkmeyer commented, if approved, future proposed uses will be reviewed by the
County through the USR and SPR processes, as well as the Improvements Agreements to
ensure traveling safety prior to any construction. She stated the intersection at CR 44 and
U.S. Highway 85 is dangerous due to the angle, and the Highway 85 Corridor Access Plan
needs to be updated and projects submitted for funding. She commented there are a lot of
industrial zoned areas along the corridor and the proposal fits well at the subject location as
well. She further stated safety is the biggest issue and the applicant needs to work with the
County, CDOT, and the Railroad to ensure the best planning for the area as it continues to
transition.
Commissioner Rademacher agreed with Commissioner Kirkmeyer's comments and reiterated
the Department of Planning Services, and the County in general, will be aware of what is
moving forward at this location through the various land use processes and negotiation of an
Improvements Agreement. He further stated the site is in an area of transition, with the
remaining three corners already in commercial use.
Commissioner Long thanked the public for bringing all of the concerns to the attention of the
Board. He stated the County will strive to mitigate the safety concerns and commented the use
of septic systems will mitigate much of the concern in limiting the numbers of people and types
of operations that may come in. He further stated this proposal takes marginal land and
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concentrates various uses in one location rather than dispersing them throughout the region on
other more productive land.
Commissioner Garcia agreed with the previous comments and added the issues regarding the
bus routes likely exists today, regardless of the potential use, and he noted the School District
indicated no conflict with the proposal. He thanked Mr. Strohauer for his testimony concerning
the highest and best use of the land, as well as Mr. Jerke for his comments about allowing good
use of the land when it is no longer feasible in agriculture.
Commissioner Kirkmeyer thanked everyone for coming and providing testimony which improved
the process, and she moved to approve the request of Big Thompson Investment Holdings,
LLC, for Change of Zone, COZ11-0001, from the A (Agricultural) Zone District to the 1-3
(Industrial) Zone District, based on her finding of conformance with Sections 23-2-40.B.1 though
6.5, with the Conditions of Approval as entered into the record and the addition of
Condition #3.G.18 to state, "The owner, and its heirs, successors, or assigns, agrees to notify
adjacent property owners within 500 feet of the property when an application for a Site Plan
Review (SPR) is filed with the County." The motion was seconded by Commissioner Long, and
the motion carried unanimously. There being no further discussion, the hearing was completed
at 2:37 p.m.
This Certification was approved on the 6th day of February, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Sean P. C way, Chair
Weld County Clerk to the Board
' iam arcia, Pro-Tem
BY: e
Deputy Clerk to the Boar���.. �'� LQ
CTj4LS1à
� /Barb ra Kirkmeyeri
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NSA F fa, de
( Dougl Rademache
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ11-0001 - BIG THOMPSON INVESTMENT HOLDINGS, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 1/17/2012)
D. Nick Berryman Letter of Support, dated 1/27/2012
E. Applicant PowerPoint presentation
Lynette and Ashlee
F. Kilpatrick Letter of Opposition, dated 1/31/2012
Eric Berglund, Upstate
Colorado Economic
G. Development Letter of Support, dated 2/1/2012
H. Ryan Good, CBRE Letter of Support, dated 1/25/2012
I. Lynette Kilpatrick Maps and 118 signatures opposing Change of Zone
J. Jose Cervantes Notes associated with public comment
K. Planning Staff Proposed language for Condition #3.G.18
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