HomeMy WebLinkAbout20050092 HEARING CERTIFICATION
DOCKET NO. 2005-02
RE: CHANGE OF ZONE, CZ#1076, FROM THE I-1 (INDUSTRIAL)ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT - DAVE FINLEY AND TODD FINLEY
A public hearing was conducted on January 12, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December 21, 2004, and duly published
December 29, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Dave Finley and Todd Finley for Change of Zone,CZ#1076,from the I-1 (Industrial)Zone
District to the 1-3 (Industrial)Zone District. Lee Morrison, Assistant County Attorney, made this a
matter of record. Chris Gathman, Department of Planning Services, presented a brief summary
of the proposal and entered the unfavorable recommendation of the Planning Commission into the
record as written. Mr. Gathman gave a brief description of the location of the site and surrounding
land uses,and stated the property is currently vacant,zoned I-1 (Industrial),and located within the
three-mile referral area forthe cities of Brighton and Fort Lupton. He stated the County has entered
into an Intergovernmental Agreement(IGA)with the City of Fort Lupton, and Section 19-2-50.6 of
the Weld County Code stipulates the County will disapprove proposals for urban developments
outside of the municipal urban growth area. Mr. Gathman explained a zone change is considered
to be development, therefore, the City of Fort Lupton referral indicates it is opposed to rezoning,
which allows heavy industrial zone uses without planned, proposed uses or design criteria. He
stated 1-3(Industrial)zoning would allow for outdoor storage,which is not allowed under the current
zoning. He also noted the City of Fort Lupton is currently in the process of reviewing an annexation
request and a Use by Special Review Permit for gravel mining on several parcels of land west of
Weld County Road 27 between Roads 10 and 6. If approved,the annexation would be adjacent to
the subject parcel on the north and east sides. In response to Chair Jerke, Mr.Gathman indicated
the locations of Highway 85 and Weld County Road 27, and stated the site is nine acres.
Pam Smith, Department of Public Health and Environment, stated there is an abandoned septic
system on the property,and the site map indicates a water well at the same location; however,the
residence has been removed. She stated the applicants were issued a well permit in
September2004,from the Division of Water Resources for industrial usage; however, it has not yet
been drilled. Ms. Smith clarified the site is currently vacant, therefore, staff will review the septic
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HEARING CERTIFICATION - DAVE FINLEY AND TODD FINLEY (CZ#1076)
PAGE 2
system and Waste Handling Plan as part of the Site Plan Review. Ms. Smith stated she is
requesting the applicant provide evidence that the existing septic tank has been properly abandoned,
and clarification regarding the applicant's intentions for the existing well.
Peter Schei, Department of Public Works, stated he has no plans to review because the request
is for a Change of Zone without a proposed use. He stated at the time of the Site Plan Review staff
will request information regarding internal roadways, proposed uses, a drainage report, etcetera.
Mr. Schei gave a brief description of the location of the site, and stated Weld County Road 8 is
classified as a collector status road and staff is requesting the 40 feet of right-of-way be dedicated.
He stated the site is also adjacent to Highway 85, and should the future uses create a significant
increase in traffic volumes, they will be required to participate in the Highway 85 Access Control
Plan. In response to Chair Jerke,Mr.Schei stated the site is currently accessed from Weld County
Road 8 on the south end of the parcel, and the access to the north is for oil and gas or agricultural
uses.
Lauren Light, LANDPROfessionals, LLC, represented the applicant and stated the property was
originally rezoned 21 years ago, and this rezoning request is for marketing purposes. She stated
it has been listed for sale for a year and the owners have had no interested buyers as currently
zoned. She stated the parcel is in an area that is in transition to industrial uses, and the proposal
is compatible with surrounding land uses. Ms. Light stated she contacted the City of Fort Lupton
regarding annexation; however,city services do not extend beyond Weld County Road 10 and the
City has expressed concern with the potential uses for the site given what is allowed under 1-3
(Industrial)zoning in Weld County. She explained that after a use has been identified,the owner will
be required to go through the Site Plan Review and referral process; however,it will not come back
before the Board. She stated they will be required to address setbacks,landscaping,buffering,road
improvements,drainage,etcetera. Ms. Light stated adequate buffering and screening will reduce
the impacts to surrounding properties,and they must comply with a 50-foot setback from Highway
85 and a 40-foot setback from Weld County Road 8. She stated it is to the applicant's advantage
to complete the Change of Zone process for marketing purposes because most businesses do not
want to risk a possible denial and waste time and money. She stated the Fort Lupton Planning
Commission has approved the adjacent annexation request and it will be heard by the City Council
on February 9,2005,with a final decision on March 9,2005. She stated if the request is approved
the propertywill be mined for20 more years,and Fort Lupton will not be extending infrastructure to
the area. In summary,Ms. Light stated they feel the rezoning request should be approved because
of transitional changes in the area, compliance with the Weld County Comprehensive Plan,there
is direct access to a major transportation route,access will be from Weld Count Road 8,a Site Plan
Review will be required before any use can commence on the site,Fort Lupton will be sent a referral
and staff can add any necessary conditions, 1-3 (Industrial)zoning already exists in the area, and
there is potential fora gravel operation directly to the east. Responding to Commissioner Masden,
Ms. Light stated there is no opportunity for mining activity on the nine-acre site, and she added the
area where the house is located is zoned 1-1 (Industrial). In response to Commissioner Vaad, Mr.
Gathman stated storage is not required to be screened in the 1-3(Industrial)Zone District; however,
there are design standards that do require screening of parking and loading areas, as well as
landscaping setbacks. Commissioner Vaad stated the Board has been working cooperativelywith
Fort Lupton and Brighton regarding the appearance of properties in this area. He expressed
concern with granting a use which is contrary to the IGA. Mr. Morrison stated the Planning Services
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HEARING CERTIFICATION - DAVE FINLEY AND TODD FINLEY (CZ#1076)
PAGE 3
staff and Planning Commission recommendations were both for denial based on the finding that the
proposal is for urban development in areas of municipal referral area outside the Urban Growth
Boundary. He stated the Board would either have to find that this is not urban development or that
the property has no other feasible use. Commissioner Vaad stated the property is currently zoned
I-1 (Industrial)and the request would be for a more intense use,which is contrary to the IGA and
what is allowed along Highway 85. Therefore, he feels leaving the zoning at I-1 (Industrial) still
leaves some use on the site and granting 1-3 (Industrial) is problematic. Ms. Light reiterated the
applicants have been trying to sell the property, there is no public infrastructure to the site, and
potential buyers have only expressed interest if the zoning is changed. She stated the Site Plan
Review could include conditions which require more intensive landscaping once a specific use is
identified. Responding to Chair Jerke, Ms. Light indicated the property which is being considered
for annexation to the City of Fort Lupton to be used for gravel mining. Chair Jerke stated although
this site would be required to go through the Site Plan Review process, it seems that there would
be serious problems based on the shape of the property and one-quarter of a mile of frontage along
Highway 85. Ms. Light concurred those factors have made it difficult to sell the site zoned I-1
(Industrial); however, if 1-3 (Industrial) zoning is granted a small company that requires outdoor
storage would be able to operate from the site. Responding to Chair Jerke, Ms. Light stated she is
unaware of the listed sales price.
No public testimony was offered concerning this matter. Responding to Chair Jerke, Ms. Light
stated she and the applicants have reviewed and concur with the Conditions of Approval as
proposed.
Commissioner Masden expressed concern because expanding from I-1 (Industrial)to 1-3(Industrial)
is not consistent with the goals for the Highway 85 corridor, Fort Lupton is in the process of
annexing property that is adjacent to the subject site, and approval would be contrary to the IGA.
Chair Jerke stated there are problems with the proposal and he suggested the applicants discuss
a possible arrangement with the owners of the property that is being annexed.
Commissioner Geile concurred with the prior comments, and added it is a bad precedent to grant
a zone change without a proposed use simply because the owner cannot market a property as it
exists.
Chair Jerke stated the Board has granted a zone change for other properties in this area without a
specific use; however, in those instances they had frontage on Weld County Road 27 rather than
Highway 85,as well as railroad frontage. He stated the proposed change will not be conducive to
Highway 85 beautification.
Commissioner Vaad moved to deny the request of Dave Finley and Todd Finley for Change of Zone,
CZ#1076, from the I-1 (Industrial) Zone District to the 1-3 (Industrial)Zone District, based on the
finding that approval would be in violation of the Intergovernmental Agreement with the City of Fort
Lupton. The motion was seconded by Commissioner Masden,and it carried unanimously. There
being no further discussion, the hearing was completed at 3:45 p.m.
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HEARING CERTIFICATION - DAVE FINLEY AND TODD FINLEY (CZ #1076)
PAGE 4
This Certification was approved on the 17th day of January 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H4erke, Chair
1861 ((:Iijhc ,
to the BoardGeile, Pro-Tern
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♦r clerk to the Board - c
David E. Long TAPE #2005-04 U&VW
Robert . Masdei
DOCKET #2005-02 -(4
Glenn Vaad
2005-0092
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EXHIBIT INVENTORY CONTROL SHEET
Case CZ #1076 - DAVE FINLEY AND TODD FINLEY, CIO LANDPROFESSIONALS, LLC
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 11/16/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Referral Response from Building Inspection,
received 11/16/2004
F. Applicant Letter re: Request to Proceed, received
12/13/2004
G. Planning Staff Certification and Photograph of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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