HomeMy WebLinkAbout20031678.tiff HEARING CERTIFICATION
DOCKET NO. 2003-50
RE: CHANGE OF ZONE #1036 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT -JMF CATTLE COMPANY/ GRANT BROTHERS
A public hearing was conducted on June 25, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated May 30,2003,and duly published June 5,2003,in the
South Weld Sun, a public hearing was conducted to consider the request of JMF Cattle
Company/Grant Brothers for Change of Zone#1036 from the A(Agricultural)Zone District to the
1-3(Industrial)Zone District. Lee Morrison,Assistant County Attorney,made this a matter of record.
Kim Ogle,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. Ogle
gave a brief description of the location of the site,which is within the three-mile referral boundary
for the cities of Brighton and Fort Lupton. He stated the City of Fort Lupton is recommending denial
of this request, which is in conflict with the Fort Lupton Comprehensive Plan, as well as the
Coordinated Planning Agreement with Weld County. Mr. Ogle gave a brief description of the
surrounding uses. He stated 14 referral agencies reviewed this proposal, six offered comments
which have been incorporated into the Conditions of Approval, and staff received two letters from
surrounding property owners.
In response to Commissioner Geile, Pam Smith, Department of Public Health and Environment,
stated public sewer is not available at this site. Peter Schei, Department of Public Works, stated
if the eventual use of the site has a major impact on the transportation system,staff will require an
improvements agreement at the Site Plan Review phase. Responding to Commissioner Geile, Mr.
Schei stated his memorandum,dated March 7,2003,indicates numerous issues that have not been
completed; however, those will be mitigated through the Conditions of Approval. Responding to
CommissionerJerke,Mr.Schei stated Weld County Road 7 is classified as a collector status road,
and the applicant will need to verify the right-of-way for that road. He stated the Conditions of
Approval require the applicant show 40 feet of right-of-way on the plat. He further stated staff verifies
the existing right-of-way,and if it is less than what the road classification calls for,then the additional
right-of-way is requested from adjacent land owners. Commissioner Jerke commented the road
classification and width for Weld County Road 7 may not be adequate,and the matter needs to be
addressed as a separate matter by the Board due to recognized growth in the area.
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Lauren Light, LANDPROfessionals,LLC,represented the applicant and displayed a map,marked
Exhibit F,showing the surrounding industrial uses. Ms.Light referenced the five criteria listed under
Section 23-2-40.6 of the Weld County Code. She stated this development is consistent with the
Weld County Comprehensive Plan because there is a transportation system in place,well permits
are in place for commercial and fire protection uses, and a commercial septic permit will be
required. She further stated this area is in transition with a mixture of industrial and agricultural land
uses,and she reviewed the adjacent land uses. Ms. Light stated there is no land use map for this
portion of the County to provide direction regarding where specific land uses should occur. She
stated a Site Plan Review will be required for review by the Department of Planning Services before
any industrial use can be located on the property,which will provide additional review by referral
agencies and ensure compatibility with the surrounding land uses. She further stated the
commercial and fire suppression well permits are in place because public water is located
approximately one mile away, and a septic permit will be required through the Site Plan Review
process. Ms. Light stated street and highway items have been addressed through the Conditions
of Approval, and more specific details will be addressed in the Site Plan Review process once a
specific use has been determined. She stated the site does have adequate access and
infrastructure,which was created to accommodate the heavy truck traffic generated by the previous
feedlot, and there are no overlay limitations on this site. In response to Commissioner Geile, Ms.
Light concurred that most of the industrial uses in the area were established prior to the Fort Lupton
Intergovernmental Agreement, which became effective in November 2000.
Tom Haren,LANDPROfessionals,LLC,stated the operators of the 20,000-head feedlot leased this
property and have operated it as a nonconforming use since 1962. He stated the site has
experienced problems controlling dust in the past,and the propertyowner does not feel it is practical
to bring the facility to current standards given the changing nature of the area. He stated they would
like to change the zoning and sell the site with potential for industrial development. He stated this
property is approximately 148 acres,and it is in a good location;however,the only access is on the
west and traffic must cross the railroad. He stated after reviewing the existing zoning uses in the
area and considering the potential uses which could be centered around a railroad and existing
infrastructure, it was determined that this site would accommodate an industrial use. He further
stated there are not many industrial uses which are more intense than the previous feedlot use. Mr.
Haren referenced the letter from John Willard, dated April 14, 2003, marked Exhibit 19, which
indicates concern with the continued feedlot use,yet does not want the zoning changed to allow for
a new use. He stated the owner has property rights and 1-3 zoning appears to be the only feasible
use for the property. He further stated this property is located within a three-mile development
boundary which extends beyond the Urban Growth Boundary established by the Fort Lupton
Intergovernmental Agreement,effective in 2000. Mr. Haren stated the Board is bound to the terms
of the agreement to the extent legally possible. He stated this proposal is not an issue of highest
and best use, rather, this is the only option for this property. He stated this site will not be sold as
a feedlot due to the location and the cost for bringing the site up to current standards. In response
to Commissioner Jerke, Mr. Haren stated this site is 148 acres, some of the wells are already
approved industrial, and one well is registered for fire suppression. He stated the property has
frontage on Weld County Road 27,traffic must cross the railroad to get to Weld County Road 27,
and the access is separated from the railroad by approximately 500 feet. Responding to
Commissioner Geile, Mr. Haren stated the feedlot facilities do adjoin Weld County Road 27.
Commissioner Geile stated the City of Fort Lupton identifies Weld County Road 27 as a major
arterial,but Weld County has it classified as a collector status road,and it appears the current and
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anticipated use likely exceeds a collector status road. He further stated if the proposed zoning is
approved, the future developer would need to be aware of the significant transportation
improvements necessary to accommodate the railroad system. Commissioner Geile commented
this property is located beyond the area designated for urban uses, and the Intergovernmental
Agreement states the County will not allow urban growth in a non-urban area because it affects Fort
Lupton's Comprehensive Plan. In response to Commissioner Geile,Mr.Haren stated the applicant
did approach both Fort Lupton and Brighton regarding annexation;however,both declined since the
site is located one mile past the cities'planning boundaries. He reiterated this property is located
within the three-mile referral area,which Fort Lupton also designated as its development boundary;
however, this is beyond the Urban Growth Boundary. Mr. Haren indicated concern with the
established boundaries because there are no maps indicating the intended uses for this area. He
further stated the future owner will have some difficult safety issues to address through the Site Plan
Review process regarding the potential need for an overpass over the railway to accommodate
traffic accessing the site.
Brian Grubb,Fort Lupton City Attorney,referenced a letter from Fort Lupton,dated March 15,2003.
He thanked Weld County staff for considering their comments and keeping them involved in the
review of this proposal. Mr. Grubb stated the applicant did approach the City of Fort Lupton
regarding annexation;however,the property is located too far past the intended growth area to justify
the expense of extending water and sewer services. However, the City of Fort Lupton remains
concerned with the extensive list of uses allowed by right in the 1-3 Zone District,and the Site Plan
Review process allows for review by referral agencies;however,surrounding property owners are
neglected through that process. He further stated Site Plan Reviews are reviewed administratively
and are generally approved if the application meets all the relevant standards. Mr. Grubb further
stated the 1-3 Zone District does not have strong or effective development standards. He stated the
appearance of Weld County Road 27 and Highway 85 leading into Fort Lupton is important,and they
are classified as four-lane arterial roadways with acceleration and deceleration lanes. He stated the
City cannot depend upon state or federal funds to address transportation issues along Highway 85,
therefore,the City of Fort Lupton attempts to control the traffic volume by controlling development
in the area. He stated 80 feet of right-of-way is not adequate under their transportation plan, and
they would recommend the applicant be required to provide 100 to 125 feet. Mr.Grubb stated if the
zoning request is granted, it remains unclear whether an improvements agreement would be
required, and the landlocked nature of the property may not be suitable for all types of industrial
uses. He stated the City's comments address good planning in relation to the City of Fort Lupton,
and the Fort Lupton Planning Commission is opposed to the rezoning due to the potential negative
impacts and lack of control over future uses. He stated the site may be suitable for industrial
development; however, the City would prefer to know more specifics about what uses will be
locating at this site. He proposed this application be denied and the applicant be directed to go
through the Planned Unit Development process which allows for public input and additional review
to ensure the transportation issues will be adequately addressed to correspond to the intended use.
In response to Commissioner Jerke, Mr. Ogle stated if this request is approved,the next step is a
Site Plan Review,which will be done administratively. He stated the only portion of the case that
would return before the Board would be the improvements agreement. He further stated the Site
Plan Reviews all industrial or commercial Change of Zone applications are reviewed
administratively;only a Planned Unit Development has a final plan which can be reviewed by the
Board. Mr. Morrison stated if the applicant chooses to subdivide the property, there is also a
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subdivision process that comes before the Board. He clarified the Site Plan Review process does
provide for an improvements agreement to address all transportation and non-transportation issues,
which must be reviewed bythe Board. In response to Commissioner Geile,Mr. Morrison stated the
intent of the Intergovernmental Agreement was to restrict urban uses from locating in the non-urban
area, and promote them in the urban area. He stated it appears premature to determine whether
this property will have urban-type uses at this time. However,this application is located in the area
between the Urban Growth Boundary and the three-mile referral area,and within that area the Board
has agreed to discourage urban development, as long as the process is legal.
David Norcross,former councilman and planning commissioner for the City of Fort Lupton,stated
Fort Lupton does have a wellhead protection area bounded by Weld County Roads 8 and 14.5,the
Fulton Ditch, and the South Platte River. He stated this property is at the southern edge of the
protection area,with the aquifer traveling from the southeast to the northwest. He stated this site
should not be allowed to continue as a feedlot,and he is concerned with a vague Change of Zone
application which does not indicate what the future use may be. He stated some of the potential
uses will not create a desirable appearance as this area develops into the southern entrance to the
City of Fort Lupton. Mr. Norcross stated the Fort Lupton Planning Commission did discuss
annexing the property,and at one time the applicant indicated they would be willing to pay for the
cost of extending infrastructure to the site.
Rosalie Everson, County resident, stated the proposed 1-3 zoning allows for many uses, and it is
uncertain what problems may be created. She stated the residents of the area would like to know
what will be there and the County process for 1-3 zoning eliminates any local control or say in what
use will be allowed at the site. There being no further comments, Chair Long closed public
testimony.
Commissioner Jerke referenced Condition of Approval#2.D requiring 80 feet of right-of-way,and
he proposed that is not adequate for the future uses in this area,regardless of whether this zoning
request is approved or denied. He proposed there should be at least 100 feet of right-of-way. Mr.
Schei concurred and stated staff would be willing to accept the higher standards of the adjoining
municipality. He stated the applicant would be required to dedicate 50 feet of right-of-way to be
shown on the plat.Commissioner Vaad commented the applicant should only be required to reserve
50 feet of right-of-way,and Mr.Schei concurred. CommissionerJerke moved to amend Condition
of Approval#2.D to state,"Weld County Road 27 is currently classified by the County as a collector
roadway. The City of Fort Lupton classified Weld County Road 27 as an arterial roadway in its
referral. Weld County accepts the higher standard of arterial classification for Weld County Road 27
with a 100-foot right-of-way. The applicant shall reserve 50 feet of right-of-way on their property to
be shown and dimensioned on the Change of Zone plat." Commissioner Vaad seconded the
motion, which carried unanimously.
Mr. Haren concurred with the proposed amendment to Condition#2.D. He stated this is a rezoning
request;not a subdivision. He stated there are uses which are allowed in the 1-3 Zone District,and
the property owners want to establish the zoning to promote the sale of the property rather than
continuing as a feedlot. He reiterated the applicant did discuss annexation with Brighton and Fort
Lupton because the utilities would be beneficial to the site; however, both indicated the site is
located too far from their development boundaries. He stated it appears Fort Lupton does not want
the property,yet wants to dictate what is not in their jurisdiction. He stated this is not the end of the
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process;he feels the County Site Plan Review process is adequate to control what happens at this
site. He further stated there are similar uses immediately adjacent to this site, and the potential
industrial uses will likely be preferable to the existing feedlot nuisance conditions. (Switched to
Tape#2003-24.) He stated the surrounding uses and infrastructure meet the intent of the 1-3 Zone
District. In response to Chair Long, Mr. Haren stated he and the applicant have reviewed and
concur with the Conditions of Approval as proposed and modified. He stated it is apparent the
applicant will be unable to address some of the concerns expressed by the City of Fort Lupton,
therefore, he requested the Board consider amending or deleting Condition#2.J. Mr. Ogle stated
that condition was included to address item#2 in the letter from the City of Fort Lupton; however,
because the Board modified Condition#2.0,the matter has been addressed and Condition#2.J can
be deleted.
Commissioner Jerke commented the Board recently approved a Change of Zone for 1-3 zoning
where the adjacent community supported the zoning which would bring in a major business. He
further stated the Economic Development Action Partnership (EDAP) also urged the Board's
support of industrial uses in Weld County. Commissioner Jerke stated this property will be able to
safely access U.S. Highway 85 with the recent addition of a traffic signal,and the development will
likely provide an economic benefit with new jobs. He stated the property is technically outside Fort
Lupton's Urban Growth Boundary, but the future development will likely be an asset to the city by
eliminating the historic nuisance conditions created by the feedlot. He stated the County's
standards are strict and stringent,and anyfuture uses will be required to address the environmental
and traffic concerns.
Commissioner Geile commented there is an Intergovernmental Agreement with the City of Fort
Lupton, which became effective in 2000, and he feels allowing an urban use in a non-urban area
could pose conflicts with the intent of the Agreement. He stated this property does not have access
to public water or sewer, and the Site Plan Review process circumvents the opportunity for
surrounding property owners to provide input. He reviewed some of the uses allowed in the I-3 Zone
District, and stated some of those uses could present incompatibility issues with the surrounding
area due to the size of the site and impact to the roads. Commissioner Geile further stated some
of the potential uses could be detrimental to the continued planning coordination with the City of Fort
Lupton, because although the economic potential in this area is significant, the proposed zoning
process takes away the ability for local community planning. He stated the Fort Lupton
Comprehensive Plan does need to be upgraded to establish planning goals for this area. He further
stated he does not support this application due to the lack of a final review by the Board,conflict with
the intent of the Intergovernmental Agreement, and the potential impact of 1-3 zoning.
Commissioner Vaad commented he finds this application complies with Sections 22-2-140,
22-2-150,and 23-2-40.6 of the Weld County Code.He stated the site has an adequate water source
and is suitable for an industrial septic system. He further stated Weld County has been actively
working to mitigate the incompatibilities between agricultural uses and urban uses,which is evident
in the efforts being made to improve the appearance along U.S. Highway 85. He stated although
1-3 zoning does allow numerous uses,it is unlikely the future ownerwill develop a use that does not
make economic sense. Further, in reviewing the Site Plan Review, staff will be required to abide
by the goals and policies listed in Section 22-2-150.6.5 regarding the natural environment,
compatibility with surrounding land uses, access to public roads, and visual and sound barrier
landscaping. Based on those findings, Commissioner Vaad stated he supports this application.
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Commissioner Masden commented southern Weld County is transitioning from Agricultural uses.
He stated this property has operated as a non-conforming agricultural use for many years, but he
is concerned with granting 1-3 zoning which only allows for an administrative review of the Site Plan
Review application. He further stated this application will create an urban use in a non-urban area,
and public water and sewer services are not currently available. Based on those issues, he does
not support the application.
Chair Long stated based on the intent of the Weld County Comprehensive Plan, media coverage,
and the voice of constituents,he feels people have indicated the need for this type of growth in Weld
County. He stated it is not beneficial to continue developing bedroom communities without having
any industrial or commercial amenities to support the communities. He expressed concern with
an administratively approved Site Plan Review,which does not allow for final review by the Board;
however, if the property is subdivided,there is a process for bring the application back before the
Board.
Commissioner Vaad commented this property may be developed under one use, which will be
reviewed administratively;however,the future owner may choose to subdivide the parcel,which falls
under a different process and requires Board consideration.
Commissioner Geile stated there are too many questions regarding this site if approved for
1-3 zoning,which is not appropriate at this time. He stated the Board must also consider the terms
and intent of the Intergovernmental Agreement with the City of Fort Lupton regarding not allowing
urban growth in non-urban areas.
Commissioner Jerke moved to approve the request of JMF Cattle Company/Grant Brothers for
Change of Zone#1036 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 deleting Condition of Approval#2.J and amending
Condition#2.D to state, "Weld County Road 27 is currently classified by the County as a collector
roadway. The City of Fort Lupton classified Weld County Road 27 as an arterial roadway in its
referral. Weld County accepts the higher standard of arterial classification for Weld County Road 27
with a 100-foot right-of-way. The applicant shall reserve 50 feet of right-of-way on their property to
be shown and dimensioned on the Change of Zone plat." He stated his motion is based on the
findings as cited previously by Commissioner Vaad. The motion was seconded by Commissioner
Vaad. Mr.Morrison stated the terms of the Intergovernmental Agreement with the City of Fort Lupton
do provide that the Board will disapprove an urban use in non-urban areas, to the extent legally
possible. Commissioner Vaad stated he seconded the motion based on his assessment of this
proposal in relation to Weld County's goals and polices; however,to the extent legally possible, it
is possible for the County to be challenged on this issue. Commissioner Jerke concurred and
stated he believes in the property rights of the owner,as well as the fact that this property is outside
the Urban Growth Boundary,and there is potential to improve the existing conditions. Upon a call
for the vote, the motion carried three to two, with Commissioners Geile and Masden opposed.
There being no further discussion, the hearing was completed at 12:00 p.m.
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This Certification was approved on the 30th day of June 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: t_/{� L��
e wd E. L ng, Chair
Weld County Clerk to e • .r
Robe D asden, ro-Te
BY: i/!. .
Deputy Clerk to th:`�o �i
N M. J. eile
TAPE #2003-23 and #2003-24
Willis H. Jerke /
DOCKET#2003-50 ‘414 !//>//
Glenn sad
2003-1678
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#1036 - JMF CATTLE COMPANY/ GRANT BROTHERS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/15/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Applicant Aerial map of surrounding industrial uses
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' ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JUNE, 2003: -
DOCKET#2003-51 -JOHN JOHNSON DENTDENTON CORE
DOCKET#2003-50 -JMF CATTLE COMPANY/GRANT BROTHERS N
DOCKET#2003-49 - LYONS 66 PACIFIC, LLC, CIO JOHN DAVIS
TIMOTHY S.HAKES
Broker Associate
Dunton Realty Company
PLEASE legibly write or print your name and complete address. 1720 So.Bellaire Street,Penthouse•Denver,Colorado•80222
(303)758-3131 •Fax:758-3293•Direct:758-0427 x369
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