HomeMy WebLinkAbout20090255.tiffHEARING CERTIFICATION
DOCKET NO. 2009-09
RE: CHANGE OF ZONE, CZ #1151, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-3 (INDUSTRIAL) ZONE DISTRICT - KRISTI WALKER
A public hearing was conducted on February 11, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated December 22, 2008, and duly published
December 26, 2008, in the Greeley Tribune, a public hearing was conducted to consider the
request of Kristi Walker for Change of Zone, CZ #1151, from the A (Agricultural) Zone District to
the 1-3 (Industrial) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as written.
She stated the site is approximately 12.3 acres in size, and is located east of and adjacent to
U.S. Highway 85, and south of County Road 20. She clarified the applicant originally applied for
a Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District with Commercial and Industrial uses; however, it was determined by the Department
of Planning Services and the County Attorney, that a Change of Zone for mixed zoning
classifications is not allowed. She indicated staff re-classified the application as a PUD Change
of Zone, to allow the mixed zoning, and the Sketch Plan requirements were waived; however, since
the application was for a PUD Zone District, a Final Plan application would be required. She
indicated after discussions with the applicant, the applicant requested to change the application
materials to a Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone
District, and staff is in support of the request.
She stated the site consists of two parcels, Lots A and B of Recorded Exemption #3949, and Lot B,
the northern lot, contains an existing Tote -A -Shed business approved through USR #1227 in 1999.
She further stated Lot B is served by a commercial well and septic system, and Lot A is currently
vacant; however, a well permit has been issued for the parcel, and a septic system will be installed
before any business locates on the site. She indicated the property to the north is permitted
through USR #1459 and contains a vehicle sales and detailing business, and she gave a brief
description of the uses of other surrounding properties. She read Section 19-12-50.B of the Fort
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HEARING CERTIFICATION - KRISTI WALKER (CZ #1151)
PAGE 2
Lupton Intergovernmental Agreement (IGA) into the record, and confirmed this site is not located
within an IGA area or Urban Growth Boundary (UGB) area; however, the site is located within the
three-mile referral area for the City of Fort Lupton. She clarified the municipal limits for the City of
Fort Lupton are located approximately three miles to the south of the site, and the referral provided
by the City indicates no conflicts. She indicated the applicant has chosen to adhere to the bulk
requirements of the 1-3 (Industrial) Zone District, thirteen referral agencies reviewed the application
materials, five responded favorably or included comments which have been addressed through the
Conditions of Approval, and one letter of support has been provided from the property owner to the
north. Ms. Hatch displayed photographs of the site and surrounding area.
Lauren Light, Department of Public Health and Environment, reiterated both lots contain
commercial well permits, Lot B contains an engineer -designed septic system, and Lot A will require
an engineer -designed septic system when a business is built on the property. She stated the
applicant will have to complete the Site Plan Review (SPR) process for the proposed business on
Lot A, and the use of the site will be reviewed through the SPR process to determine if a Dust
Abatement Plan or Waste Handling Plan will be required. She confirmed the Department does not
have any outstanding concerns with the application materials.
David Snyder, Department of Public Works, stated the access to the site is on County Road 20,
which is a local gravel road with an average daily traffic count of approximately 137 vehicles. He
confirmed the applicant will utilize the existing access, the traffic impacts associated with the site
will be reviewed within the SPR process, and the Department has no outstanding concerns with
the application materials.
Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and clarified Lot B is
6.4 acres in size and the USR pemit allowing the uses on the site was approved in 1994. She
indicated Lot B is currently served by an existing well and septic system, Lot A is undeveloped, and
due to the improvements already constructed on the site, it wold be impossible for the applicant to
restore the site back to agricultural uses. She displayed photographs of the site and surrounding
areas and confirmed there is not an existing sewer line within 400 feet of the site. She stated
railroad right-of-way exists east of the property, on the other side of the Platteville Ditch, and
Suncor Energy, an industrial company located northeast of the site, intends to expand their
operations; however, she is unsure if the company will complete the expansion process, due to the
current economy. She confirmed Country Truck and Auto, the business on the property to the
north, has provided approval of the shared access, and the document will be recorded soon. She
clarified the Conoco pipeline is located on a lot north of the site, which is only 400 feet in width, and
there are additional existing properties with industrial uses within the immediate vicinity.
Ms. Lockman displayed a copy of the City of Fort Lupton Comprehensive Plan land use map, and
indicated the site is designated as a future employment center on the map, therefore, the uses on
the site will be concurrent with the City's plans.
No public testimony was offered concerning this matter.
In response to Chair Garcia, Ms. Hatch confirmed staff is not proposing any amendments to the
Resolution. Further responding to Chair Garcia, Ms. Lockman indicated the applicant has
reviewed, and concurs with, the Conditions of Approval, as presented.
2009-0255
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HEARING CERTIFICATION - KRISTI WALKER (CZ #1151)
PAGE 3
Commissioner Conway moved to approve the request of Kristi Walker for Change of Zone,
CZ #1151, from the A (Agricultural) 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 10:50 a.m.
This Certification was approved on the 18th day of February, 2009.
APPROVED:
BOARD OF CO TY COMMISSIONERS
WELD CI) f1f, COLORADO
ATTEST:
Weld County Clerk to
BY.
Deputy Cl: to the Board
Sea,/'. Conway
William F. Garcia, Chair
Douglas
ademache Pro-Tem
EXCUSED DATE O APPROVAL
bara Kirkmeyer
David E. Long
2009-0255
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EXHIBIT INVENTORY CONTROL SHEET
Case CZ #1151 - KRISTI WALKER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/20/2009)
D. Planning Staff Certification and photo of sign posting
E. Applicant Various maps and photos presented during
presentation
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