HomeMy WebLinkAbout20010027.tiff HEARING CERTIFICATION
DOCKET NO. 2001-02
RE: CHANGE OF ZONE#552 FROM THE A(AGRICULTURAL) ZONE DISTRICT TO THE 1-3
(INDUSTRIAL) IN THE A(AGRICULTURAL) ZONE DISTRICT- HOSHIKO FARMS, INC.
A public hearing was conducted on January 17, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated December 20, 2000, and duly published January 3,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Hoshiko Farms, Inc., for Change of Zone#552 from the A (Agricultural) Zone District to the 1-3
(Industrial) Zone District in the A (Agricultural) 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. Mr. Morrison indicated Exhibit H, a photo of the sign
posting, and Exhibit I, a letter from the Planning Commissioner to the City of Greeley, are in the
file. Ms. Mika identified the boundaries of the proposed site and the existing surrounding land
uses. She stated the site is east of U.S. Highway 85, and south of Weld County Road 66, and the
applicant is requesting a Change of Zone from Agricultural to 1-3. Ms. Mika indicated the
application appears to be three separate parcels, however,the is one parcel of approximately 109
acres,with another small parcel adjacent which is not included in this request. Ms. Mika stated this
is a conventional Change of Zone to 1-3, not a Change of Zone to a Planned Unit Development,
and indicated in future the applicant may apply for a Recorded Exemption, or other type of
subdivision process. She stated the City of Greeley comments and concerns have been
incorporated into staff recommendations,and that there were several residents in opposition to this
proposal at the Planning Commission Hearing on December 5, 2000, who indicated concerns
regarding incompatibility with surrounding land uses. Ms. Mika indicated the application is
consistent with the Weld County Code including the expansion of the economic base of the County;
and indicated Platte River Steel, Big R, Winograd's and other like industries are in the area. Ms.
Mika indicated on an overhead,the location of the surrounding property owners,and explained only
those within 500 feet of the Change of Zone site received notice; therefore, people beyond Mr.
Hoshiko's property on the east side of the site would not have been notified. Ms. Mike also stated
the Site Plan review process will minimize the impacts of the uses on the site and will address the
concerns of surrounding property owners. She further stated there is adequate water and sanitary
sewer available to the site. Responding to Commissioner Vaad, Ms. Mika stated the key issue
used to determine items such as setbacks and landscaping is whether the zoning is 1-3 or 1-2. She
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HEARING CERTIFICATION - HOSHIKO FARMS, INC. (COZ #552)
PAGE 2
stated the 1-3 District is the most intense use, with outdoor storage, also allowed; however, she
indicated at this time, the applicant does not know what the future use will be. Mr. Morrison
indicated Exhibit J is a supplemental list, of property owners, and Ms. Mika indicated it is those
beyond 500 feet, and those who requested notice of today's hearing. Responding to Chair Geile,
Ms. Houghtaling stated when she first reviewed the request she thought it was three sites
accessing from Highway 85 instead of one site, and she stated she is delaying the full review until
the Site Plan Review by staff.
Dennis Hoshiko, applicant, stated this is a straightforward application for a Change of Zone from
Agricultural to 1-3 and gave a brief history of use on the site. He indicated the industrial neighbors
to the southwest, including Platte River Steel and WSW, Inc., and said he is trying to fit into what
is going on in the vicinity. Responding to Commissioner Vaad's concern about the visual impact
of future uses since outside storage is allowed in the 1-3 District, Mr. Hoshiko stated the visual
impact of the uses cannot be determined at this time; however, most generally landscaping and
buffering would enhance the property.
Tom Selders, Vice President and co-owner of WCW, Inc., stated he is in support of the rezoning
application. He said this is a logical place for more industrial uses, because of the main line Union
Pacific Railroad, with the railroad spur to the south of the site. He said it is an appropriate use of
the land and,with Winograds and Platte River Steel already in the area, it makes sense to expand
the zone somewhat to the north. Mr. Selders stated the intersection of Weld County Road 66 and
Highway 85 was identified in the Colorado Department of Transportation study as a probable future
site for a traffic signal.
Gary Reinke, who lives northeast of site, stated he is opposed to the proposal. He stated the
applicant could pick a more appropriate area, and a lot of other people beyond the 500-foot
boundary are concerned about this change but did not have a chance to speak out about it. Mr.
Reinke stated he has recently purchased the old Victorian home across the road from the site in
order to restore it and live there permanently,and he is concerned an industrial use across the road
will devalue his property.
Cliff Behring, surrounding property owner stated if approved, further approval of the use will not
come back before this Board; therefore, a medical waste facility or some other undesirable use
could be placed at the site. He stated the 1-3 District is for heavy industrial uses, and suggested
it be scaled back to stay closer to Highway 85. Responding to Commissioner Vaad, Ms. Mika
indicated the uses allowed would be determined by staff to be in compliance with the 1-3 uses
listed, and Mr. Morrison stated there is a distinction between the type of uses since some require
a Certificate of Designation by the Solid Waste Act. Mr. Morrison further stated it depends on
whether another regulation exists for the process they are proposing, not necessarily a County
regulation. Mr. Behring reiterated if this proposal is approved today, the use does not come back
before the Board of County Commissioners, and the applicant can put in any heavy industrial use
desired.
Laurie Behring, surrounding property owner, stated she is opposed to the application since there
is no control about what use will be allowed. She stated the 1-3 District allows a lot of different
uses, and a buffer or scaling back the size of the proposal would be nice.
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John Watson stated he is opposed to the application and submitted a copy of his remarks,
Exhibit K. He said he lives one mile east of the site, and his family has 120 acres in agriculture,
1/2 mile east of the site. Mr. Watson stated the proposed site is prime farmland with excellent
water rights, and suggested Mr. Hoshiko's other properties would be more appropriately used for
these types of uses. Mr. Watson stated further concerns regarding traffic on Weld County
Road 66, since it is a farm-to-market road, and any commercial use is going to cause congestion
and make the existing traffic problems worse. He also indicated the entrance to Highway 85 is
extremely difficult at certain times of the day, and this can only make it worse.
Dewey Zabka stated he is opposed to the application until the traffic pattern is identified. He stated
Weld County Road 41 at 66 is a disaster, and it cannot handle more traffic. (Changed to tape
#2001-04)
Laurie Reinke said she lives adjacent to the site and the petition which was submitted was signed
by everyone they talked to in the area, except one. She stated her concerns regarding the
description of Industrial uses.
Ed Munson, Munson Brothers, stated he is in favor of the application and said the railroad spur is
the reason those uses have ended up in this area. He further stated this is some of the highest
priced industrial property in the area, and said a residential development will not go there because
of existing uses. Responding to Chair Geile, Mr. Munson stated his property is east of Platte River
Steel.
There being no one else present to speak, Chair Geile closed public testimony.
Responding to Commissioner Vaad, Ms. Houghtaling stated the intersection of Weld County
Road 41 and 66 was studied by the Department of Public Works; however, it did not meet the
warrants of 4-way Stop. She explained there must be five or more accidents in a 12-month period,
over 500 vehicles per hour,or a signal light planned. Commissioner Vaad indicated the reason for
six fatalities in the one accident mentioned was an individual who ran a stop sign. Responding to
Chair Geile and Commissioner Vaad, Ms. Mika stated the response from the Colorado Department
of Transportation dated July 27, 2000, indicated it would be reviewed when the specific uses are
identified. Ms. Mika further indicated the intensity, and other traffic concerns will be evaluated at
the Site Plan review stage, and CDOT will be supplied with the specific numbers at that time to
determine whether improvements are warranted. If improvements are required, the applicant is
responsible for completion. Responding to Mr. Morrison, Ms. Mika stated staff have previously
included external roads in the Site Plan review process. Responding to Commissioner Masden,
Ms. Mika stated the Highway 85 study would be taken into consideration at that time.
On rebuttal Mr. Hoshiko stated he is unsure of the uses that will end up on the site; however, the
site is attractive for many different kinds of uses and he understands he will have to present more
detailed information for the specific uses. Responding to Chair Geile, Mr. Hoshiko stated he
agrees with the Conditions of Approval.
Responding to Commissioner Vaad, Ms. Mika stated the disparity in the City of Greeley's referral
response was probably created because of staff looking at different parts of the site, instead of
evaluating it as one. She stated visual impact can be minimized by requiring screening and
buffering in the Site Plan review process only in the 1-2 District, not under 1-3 District requirements,
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HEARING CERTIFICATION - HOSHIKO FARMS, INC. (COZ #552)
PAGE 4
and indicated it would be the choice of the applicant to screen or buffer. At Chair Geile's request,
Ms. Mika reviewed the Site Plan review process and purpose for the Board, and stated any
unresolved dispute about appropriate use could end up with the Board, since it has ultimate land
use authority,and the Board of Adjustment might be involved. Responding to Commissioner Long,
Ms. Mika reiterated staff will not be able to determine impacts until the user is known and it will not
come back before the Board unless it goes into the subdivision process. She stated if the property
is developed as one parcel with multiple users, it would not go to the subdivision process; however,
the applicant could apply for a Recorded Exemption,which would either be Board or staff approval.
Commissioner Vaad stated he appreciates the predicament of surrounding property owners,
although with the active rail line and highway, as well as Greeley's anticipated industrial
development in the area discussed in its Comprehensive Plan,it appears to be an appropriate area
for industrial uses. He further stated he is sensitive to the concerns about future uses; however,
the application is consistent with our Comprehensive Plan, both in the choice of location and goals
to increase the employment base. He stated the Conditions of Approval give assurance that issues
can be dealt with, including traffic circulation on and off site;therefore, Commissioner Vaad moved
to approve the request of Hoshiko Farms, Inc., for Change of Zone#552 from the A(Agricultural)
Zone District to the 1-3 (Industrial) Zone District in the A (Agricultural) 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.
Commissioner Masden sated with the rail corridor the area fits well into the Industrial District.
Commissioner Long stated although the current traffic problems will worsen with additional uses,
without the increase in use a study will not offer a solution. On a roll-call vote, the motion carried
unanimously.
This Certification was approved on the 22nd day of January 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:Mill EL • EXCUSED DATE OF APPROVAL
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- M. J. Geile, C air
Weld County Clerk to thto. tE'
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TAPE #2001-03 and #2001-04 Ch Ihnl g
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Robert D. Masden
2001-0027
PL1465
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#552 - HOSHIKO FARMS INC
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)
D. Clerk to the Board Notice of Hearing
E. Cliff and Laurie Behring Letter of Opposition (12/20/2000)
F. Gary and Laurie Reinke Letter of Opposition (01/04/2001)
G. Various surrounding property owners Petition of Opposition (01/04/2001)
H. Planning Staff Photos of sign post at site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF JANUARY, 2001:
DOCKET#2000-69 - JOHN MOSER
DOCKET#2001-03 - FAY AND MARY SHULTZ
DOCKET#2001-02 - HOSHIKO FARMS, INC.
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
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