HomeMy WebLinkAbout20031623.tiff HEARING CERTIFICATION
DOCKET NO. 2003-46
RE: CHANGE OF ZONE #1040 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT - GREAT WESTERN RAILWAY COMPANY OF
COLORADO, LLC
A public hearing was conducted on June 18, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
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, Monica Mika
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 23, 2003, and duly published May 29, 2003, in
the South Weld Sun, a public hearing was conducted to consider the request of Great Western
Railway Company of Colorado, LLC, for Change of Zone #1040 from the A (Agricultural) Zone
District to the 1-3 (Industrial)Zone District. Lee Morrison,Assistant County Attorney, made this a
matter of record. Monica Mika,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. Ms. Mika gave a brief description of the location of the site, reviewed the zoning for
surrounding uses, and displayed various photographs of the surrounding area. She stated 13
referral agencies reviewed this proposed,four did not respond,and staff received one telephone call
from a surrounding mineral interest owner requesting general information regarding the case. Ms.
Mika reviewed the recommended reasons of approval for the record,and displayed a map showing
the approval dates of surrounding developments,as well as the Windsor Urban Growth Boundary.
In response to Commissioner Vaad,Ms. Mika stated the site is only adjacent at two points,and the
area which is being excluded is approximately 80 acres. In response to Commissioner Geile, Ms.
Mika stated the City of Greeley has indicated it does not deem outdoor storage an appropriate use
on this site. She further stated a Site Plan Review will be required for this proposal,and the referral
agencies will be able to review the proposal in greater detail. She further stated the Town of
Windsor did commit to providing water and sewer services to this site; however, there are other
service providers which may also have the ability to provide utilities.
Pam Smith, Department of Public Health and Environment,stated the applicant is proposing public
water and sewer,and there is a septic permit on file for the residence,which was permitted in 1984.
She stated if public sewer is provided for this development,the applicant will need to abandon the
septic system.
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HEARING CERTIFICATION - GREAT WESTER RAILWAY COMPANY OF COLORADO, LLC
(COZ#1040)
PAGE 2
Peter Schei,Department of Public Works,stated the applicant has not proposed any development
at this site;however,staff will require more extensive documentation at the Site Plan Review phase.
In response to Commissioner Geile, Mr. Schei stated Eastman Kodak Drive is currently in the
County,and any development will be required to participate with improvements to the infrastructure
prior to annexation. Responding to Commissioner Jerke, Mr. Schei stated a traffic study will be
required at the time of Final Plan.
Fred Otis, attorney with Otis, Goan, and Stewart, LLC, represented the applicant and introduced
Alex Yeros,Manager and Director of Great Western Railway. Mr.Yeros,stated the Great Western
rail system operates between the cities of Greeley,Fort Collins,and Longmont. He stated they have
been operating for more than 100 years,overtime the business has expanded significantly,and he
reviewed the types of materials hauled. Mr. Yeros stated the rail system also accesses the
Burlington Northern/Sante Fe and Union Pacific railway systems. He explained the parent company
is Omnitracks,and this property will provide a profitable site for future commercial/industrial uses.
Mr. Yeros referred to an aerial photograph, marked as Planning Commission Exhibit 5f, and
reviewed the surrounding uses. He stated the property will have access to high pressure gas and
transmission lines that run adjacent to the railway, and any future industrial or commercial uses
would have the option of using rail transports which reduces truck traffic. Commissioner Geile
commented there are large electric and gas transmission lines,and it is likely these lines could be
extended onto this property for future users. Responding to Commissioner Geile, Mr. Morrison
stated if the facilities on the site are modified,then 1041 Regulations will not be an issue;however,
there is a provision that allows for the Board to discuss and make a decision based on a finding that
this process sufficiently deals with 1041 issues. He further stated the Director of Planning Services
can administratively publish a determination that there is no need for 1041 issues,which provides
notice and a means of appeal. Commissioner Geile commented the 1041 Regulations would apply
if a future user operates a transmission substation. Mr. Yeros stated it is very likely the service
providers would require a large substation, and the issue would be addressed at that time.
Commissioner Geile further stated he wants to ensure those issues are addressed now rather than
later.
Responding to Commissioner Vaad, Mr. Yeros stated the applicant is currently under contract to
acquire this property. Mr. Morrison added the real estate contract has contingencies that stated the
applicant must acquire the permit prior to finalizing the deal. Mr.Yeros stated the current owner did
sign a power of attorney allowing them to complete this process. Mr. Morrison stated if this request
is approved, the zoning will remain in effect, even if the property sale is not finalized. Mr. Yeros
stated in the event this property is not acquired,the applicant will continue to promote the anticipated
uses on this site to benefit the railroad.
Joseph Plummer, Director of Planning for Windsor, stated in May 2003, the Windsor Planning
Commission voted to amend the Town's Land Use Plan and change the designated use of this
property from light industrial and low-density estate/residential to heavy industrial, which will be
compatible with this application. He stated the Town of Windsor supports this application,which
is consistent with their plans for the area. Responding to Commissioner Celle, Mr. Plummer stated
the Town does not have plans for improvements to Eastman Park Drive beyond the municipal limits,
and any improvement will be the responsibility of the developers and the County. However, they
have discussed annexation of the property after the Change of Zone, Site Plan Review,and Final
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HEARING CERTIFICATION - GREAT WESTER RAILWAY COMPANY OF COLORADO, LLC
(COZ #1040)
PAGE 3
Plan have been completed and facilities have been constructed. In response to Commissioner
Vaad, Mr. Plummer stated The Town of Windsor anticipates the circulation system would need to
be improved to accommodate any future truck traffic, and they would also enter negotiations with
the Colorado Department of Transportation regarding additional traffic on State Highways.
David Clarkson, Economic Development Action Partnership (EDAP) Chair, stated they work
extensively with the private sector and communities in Weld County to encourage economic
development. He stated recently they have discovered a limited number of sites available for
industrial development due to the extensive promotion of residential sites. Mr. Clarkson stated
EDAP supports this application because they feel there is a need for this industrial site. He
encouraged the Board to promote industrial sites as they consider future land use matters.
In response to Chair Long, Mr. Otis stated he and the applicant have reviewed and agree with the
Conditions of Approval and Development Standards as proposed by staff. (Switched to
Tape #2003-23.)
Commissioner Geile moved to approve the request of Great Western Railway Company of
Colorado, LLC,for Change of Zone#1040 from the A(Agricultural)Zone District to the 1-3(Industrial)
Zone District, based on the recommendations of the Planning staff and the Planning Commission,
with the Conditions of Approval as entered into the record. The motion was seconded by
Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing
was completed at 10:45 a.m.
This Certification was approved on the 23rd day of June 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
'-+ WE COU TY, COLORADO
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DOCKET #2003-46 ���
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2003-1623
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#1040 - GREAT WESTERN RAILWAY COMPANY OF COLORADO, LLC
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 06/03/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Table of surrounding land uses/zoning
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF JUNE, 2003:
DOCKET#2003-47 -GEORGE S. REYNOLDS ESTATE
DOCKET#2003-48 -AURORA DAIRY - COLORADO
DOCKET#2003-46 - GREAT WESTERN RAILWAY COMPANY OF COLORADO, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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WI N D SO Joseph P. Plummer,AICP
RDirector of Planning
Town of Windsor
COLO
301 Walnut Street Office:(970)686-7476
Windsor, CO 80550 Fax:(970)686-7180
www.windsorgov.corn plummer@windsorgovcon
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