HomeMy WebLinkAbout20041069.tiff HEARING CERTIFICATION
DOCKET NO. 2004-40
RE: CHANGE OF ZONE #1052 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT - HUNT BROTHERS PROPERTIES, INC.
A public hearing was conducted on April 28, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
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, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 7,2004,and duly published April 10,2004,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Hunt Brothers
Properties, Inc., do Dan Hunt,for Change of Zone#1052 from the A(Agricultural)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 favorable recommendation of the Planning Commission into the record
as written. Mr. Gathman gave a brief description of the location of the property, existing site
conditions,and surrounding uses. He further stated the site is within the three-mile referral area for
the cities of Brighton and Fort Lupton; however, it is not within the Fort Lupton Intergovernmental
Agreement area. Mr. Gathman stated the applicant provided a letter, dated December 22, 2003,
indicating there is no specific land use proposed; however, staff has received letters from various
surrounding property owners expressing concern regarding the potential for an incompatible gravel
mining and batch plant operation resulting in increased traffic, hazards for school children,and uses
which may be allowed by right. They also indicated the potential uses will require urban uses and
should be annexed,and the application violates the Fort Lupton Intergovernmental Agreement and
established Urban Growth Boundary, which he reviewed for the record. Mr. Gathman stated the
Planning Commission recommends approval of this request following the recent Code revisions.
Responding to Commissioner Geile, Mr. Gathman stated the original application designated
proposed uses; however,during subsequent conversations the applicant indicated at this time they
have no specific intentions for the property under the proposed zoning. He further stated pursuant
to recent Code change, if this Change of Zone is granted,the applicant will have to apply for a Use
by Special Review Permit if they request a gravel mining operation or batch plant facility.
Pam Smith, Department of Public Health and Environment, stated because the previous Use by
Special Review Permit was denied,the septic was not installed; however,the previous evaluation
indicates there is potential for a conventional septic system on this site. She stated if this Change
of Zone is approved and the future use requires a Use by Special Review Permit or Site Plan
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Review, then staff will review the specifics. She further stated there is an existing septic system
for the house.
Donald Carroll, Department of Public Works, submitted a vicinity map,2003 traffic counts, and an
accident summary, marked Exhibit L. He stated recent Code revisions require further review under
a Use by Special Review process, or a Site Plan Review for uses allowed by right. He stated staff
typically reviews external roads (Weld County Roads 6 and 8), intersections, internal roads, and
drainage. Commissioner Jerke stated the intersection of Weld County Roads 27 and 6 needs to
be improved to accommodate future anticipated uses in this area, and he would like to see a plan
which requires proportional sharing of the cost of improvements. Mr. Carroll stated a culvert has
been installed at the intersection which is suitable for current conditions; however,it will have to be
upgraded to handle any large-scale operations. Chair Masden stated Weld County Road 6 between
Weld County Road 27 and U.S. Highway 85 is currently a local paved road and will require new
paving, wider shoulders, and turning lanes that also need to be shared proportionally.
Lauren Light, LANDPROfessionals, LLC, represented the applicant and clarified this is not an
application for an asphalt and concrete batch plant. Ms. Light stated that use was requested under
the first application; however,the use was denied and it is not being pursued as part of this hearing.
She stated the property has been transferred to Hunt Brothers Properties, Inc.,which is pursuing
a Change of Zone for marketing reasons. She stated the agricultural zoning is not economical,
residential uses would not be compatible; however,the site is suited for Industrial Zoning based on
the surrounding uses and access to a railway line. She reviewed the five Weld County Code criteria
for the record,and stated this matter was continued by the Planning Commission pending the Code
revisions to address concerns expressed by the City of Fort Lupton. Ms. Light reiterated Hunt
Brothers is not certain what the property will be used for; however, they cannot sell it for the
agricultural value, therefore, they are requesting a Change of Zone for marketing purposes. She
reviewed a slide presentation, marked Planning Commission Exhibit 6d,and stated a Use by Right
will require a Site Plan Review by staff. Responding to Commissioner Geile, Ms. Light stated there
are various divisions within the Hunt Brothers Properties. She stated the property was originally
purchased with intentions of acquiring a Use by Special Review for a concrete and asphalt batch
plant; however,because that request was denied,the current owner is requesting a Change of Zone
to increase the land value for marketing purposes.
David Norcross, Fort Lupton Mayor, stated southern Weld County is changing and the City is
working to upgrade its Comprehensive Plan and Urban Growth Boundary under the
Intergovernmental Agreement with Weld County. She stated the City Council has discussed goals
regarding improved transportation routes,therefore, if this request is approved,the applicant should
be required to dedicate additional right-of-way suitable for an arterial highway,as well as enter into
an annexation agreement with Fort Lupton. He stated there are many new prospective companies
coming into the area which have met with City representatives and area residents to develop an
agreement to make the proposed uses compatible. Mayor Norcross submitted news articles,
marked Exhibit J, regarding denial of the application by Asphalt Specialties, as well as property
deeds,marked Exhibit K. In response to Mr.Norcross,Chair Masden confirmed under the proposed
zoning,a Use by Special Review Permit would be required for an asphalt and concrete batch plan.
Responding to Commissioner Geile, Mayor Norcross stated the deeds indicate a clear intent to
establish a batch plant facility.
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Floyd Acre,surrounding property owner,expressed opposition to this request and stated it is similar
to other proposals being denied in the area. He stated it is apparent this site will be used for sand
and gravel mining and the Board of Commissioners needs to represent the interests of residents
in southern Weld County.
Joe Gilbert,surrounding property owner, stated the signs notifying the public for this hearing were
inadequate. He also stated many uses are allowed under 1-3 zoning and the criteria is not very
prohibitive. Mr.Gilbert indicated there are many existing gravel pits,and there appears to be recent
interest in mining the area between Brighton and Fort Lupton. He expressed concern with
decreased property values, and stated there are 100 homes within one mile of the proposal that
have expressed opposition. He stated the final results of a mining operation are pleasant; however,
he does not want to deal with the negative impacts during the interim. Mr.Gilbert stated this request
should not be allowed at the loss of surrounding property owners,and although the Change of Zone
may increase the property value, he feels there are many suitable uses allowed in the Agricultural
Zone District.
Rosalee Everson,surrounding property owner,stated there are many 1-3 properties in the area and,
although it appears to be a trend,the area residents are opposed. She expressed concern with the
existing mining operations that are affecting the water table, and the applicant's inability to provide
information regarding the intended use for the site.
Dale Pralle, surrounding property owner, stated the traffic in the area has increased, and will
continue to do so as additional uses come into the area. He expressed concern with well water
levels decreasing, and stated many long-time residents are selling their property.
Ms. Light stated 1-3 zoning does not allow concrete and asphalt batch plants without approval of a
Use by Special Review Permit. She stated although the applicant is interested in annexing,it would
require various flagpole annexations and it would be very expensive to extend public services from
Weld County Road 10 to the site. Ms. Light reiterated this application is not for a mining operation
or batch plant facility, rather,the applicant is requesting a Change of Zone to increase the value of
the property for marketing purposes. She stated the uses allowed by right will by reviewed by
County staff through the Site Plan Review process. She further stated residential uses are not
compatible with the surrounding uses,and an industrial use is consistent with the changing trends
in the area. Responding to Chair Masden, Ms. Light stated Martin Marrieta Company bought the
Horton Feedlot and if that property is annexed, then it would be more realistic for the applicant to
pursue annexation to the City of Fort Lupton once the services are extended into the area.
Commissioner Geile commented Weld County Road 27 is highly congested,and without knowing
what the future use will be, it is difficult to agree to a Change of Zone and require appropriate
mitigation measures. He stated there may be a better time to pursue this request, 1-3 Zoning does
make many uses available, and his opinion may be different if he knew the intent for the land. He
further stated the City of Fort Lupton does have the responsibility of providing services pursuant to
its Comprehensive Plan, and it is apparent the best uses of the land in this area will be urban.
Commissioner Geile stated the request does not comply with Sections 23-2-40.B.2 or B.4 because
he does not find the request to be compatible with surrounding uses, nor can he make a
determination regarding transportation facilities without knowing the future use of the site.
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Responding to Commissioner Jerke, Mr. Morrison stated a Use by Special Review Permit would
be required for mining and batch plant facilities; however, 1-3 zoning allows outside storage and
includes possible uses that would only be subject to staff review through the Site Plan Review
process. Based on those comments, Commissioner Jerke stated a mining operation would require
a Use by Special Review Permit, and the remaining uses would be at staffs'discretion to address
various issues including transportation,health,etcetera. Commissioner Jerke stated the necessary
improvements would be made to Weld County Roads 27 and 6 pursuant to Condition of
Approval #2.N.8, and 1-3 zoning is consistent with the surrounding uses in the area. He further
stated one of the major issues of denial on previous applications was the lack of a traffic signal at
Weld County Road 6, which has since been addressed. Commissioner Jerke stated site has
access to railroad transportation,which is an asset for industrial-type uses,and he feels this would
be a favorable change for the area.
Commissioner Vaad thanked Mayor Norcross for attending and making comments in a spirit of
cooperation for planning in this area. He stated the applicant has expressed interest in annexing to
Fort Lupton once urban services can be provided, and he feels the City may also experience
positive impacts from industrial and commercial uses coming to the area. He stated, if approved,
Condition#1.H requires the applicant to address the requirements and concerns of the City of Fort
Lupton, and he suggested the applicant be required to negotiate in "good faith" an annexation
agreement as a Condition of Approval,which gives Fort Lupton more control over what happens in
the area, and allows the Board of Commissioners the opportunity to determine whether the
Condition has been met. Commissioner Geile commented he still has issues of concern even if
the property is annexed.
Responding to Chair Masden, Ms. Light stated the applicant is willing to work on an annexation
agreement once services are available. She further stated she and the applicant have reviewed and
concur with the Conditions of Approval as proposed and modified.
Commissioner Long stated he supports the application because it is compatible with the
surrounding uses,the Conditions of Approval provide for the health,safety,and welfare of the area
residents, and requiring an annexation agreement provides a safeguard and gives the local
community the ability to control its destiny.
Commissioner Vaad moved to approve the request of Hunt Brothers Properties, Inc.,do Dan Hunt,
for Change of Zone#1052 from the A(Agricultural)Zone District to the 1-3(Industrial)Zone District,
based on the recommendation of the Planning Commission, with the Conditions of Approval as
entered into the record. His motion also included modifying Condition of Approval#1.H to add,"The
applicant shall in good faith, negotiate an annexation agreement with the City of Fort Lupton." The
motion was seconded by Commissioner Jerke. Commissioner Vaad stated it is somewhat difficult
to approve a zoning request without knowing the future use of the site,and although a specific use
has not been determined, the change to Condition #2.H involves the appropriate people for
determining what is best for the area.
Chair Masden thanked the members of the public for providing testimony. He stated although there
are a lot of properties zoned 1-3 (Industrial) in the area, he does have reservations regarding the
number of uses allowed by right. He stated some of the uses do require a Use by Special Review
Permit or Site Plan Review, but he would be more comfortable with making a decision if he knew
2004-1069
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HEARING CERTIFICATION - HUNT BROTHERS PROPERTIES, INC. (COZ #1052)
PAGE 5
what was to be expected how to make appropriate accommodations. Upon a call for the vote,the
motion carried three to two,with Commissioner Geile and Chair Masden opposed. There being no
further discussion, the hearing was completed at 11:45 a.m.
This Certification was approved on the 3rd day of May 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: atj,I %a--
Robert D. Masden, Chair
Weld County Clerk to F- : lik s
.i t �-
_ c William H. Jerke, Pro-Tem
Deputy Clerk to the • Mjj
M. . Geile
TAPE #2004-20 e�
David . Long
DOCKET #2004-40
Glenn Vaa
2004-1069
PL1532
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1052 - HUNT BROTHERS PROPERTIES, INC.
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 03/16/2004
and 01/20/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum dated 03/24/2004 re:
Conditions of Approval and PC Inventory List
F. LANDPROfessionals, LLC Letter re: Signature on Statement of
Agreement for Oil and Gas Mineral
Ownership, dated 03/18/2004
G. LANDPROfessionals, LLC Letter and supporting information to satisfy
Conditions of Approval Prior to Scheduling
BOCC, dated 03/23/2004
H. Leo and Margaret Bissell E-mail of Opposition, dated 04/26/2004
Planning Staff Certification and Photo of sign posting,
submitted 04/28/2004
J. David Norcross Various News Articles, submitted
04/28/2004
K. David Norcross Quit Claim Deeds and Warranty Deed
involving Asphalt Specialties and Hunt
Brothers, submitted 04/28/2004
L. Public Works Staff Vicinity Map, 2003 Traffic Counts, and
Accident Summary, submitted 04/28/2004
M.
N.
O.
P.
Q.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF APRIL, 2004:
DOCKET#2004-40 - HUNT BROTHERS PROPERTIES, INC.
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