HomeMy WebLinkAbout871716.tiff BEFORE THE BOARD OF COUNTY COMMISSIONERS
C WELD COUNTY, COLORADO
SEPTEMBER 23 , 1987
IN RE : REQUEST FROM ROBERT COMER, DBA PLASTIC ART PRODUCTS
FOR CHANGE OF ZONE FROM C-3 (COMMERCIAL) AND R-1
(LOW DENSITY RESIDENTIAL) TO I-2 (INDUSTRIAL)
COMMISSIONERS PRESENT:
Gordon E. Lacy, Chairman
C.W. Kirby, Pro-Tem
Gene R. Brantner
Jacqueline Johnson
Frank Yamaguchi
OTHERS PRESENT:
Randy Howe, representing the applicant
Lee D. Morrison, Assistant County Attorney
Rod Allison, representing the Planning Department
Debbie Campbell, Acting Clerk to the Board
871716
1 CHAIRMAN LACY: Mr. Morrison , would you make record of
2 Docket #87-57 please?
3 MR. MORRISON: Docket #87-57 is the application for a
4 Change of Zone from C-3 Commercial and R-1 Low Density
5 Residential to I-2 Industrial Zone District. The applicant
6 is Robert Comer for Plastic Art Products . Description ' s
7 Lot 4 , Block 1 , Seehusen Subdivision and Lot 1 of the
8 Southeast Quarter of Section 9 , Township 5 North, Range 65
9 West of the 6th Principal Meridian, Weld County, Colorado.
10 Notice was published August 20 , 1987 , in the Johnstown
11 Breeze.
12 MR. ALLISON: Mr. Chairman, since the Planning
13 Commission' s recommendation for approval was unanimous , do
14 you wish to have the Planning Commission' s written
15 recommendation entered into the record?
16 CHAIRMAN LACY: Yes , please . Does the Board have
17 questions for either Lee or Pod on this request? I have a
18 question. Going from a C-3 Commercial , which allows outside
19 storage and so on and so forth, if we go to an I-2 , is this
20 the same?
21 MR. ALLISON: No, the storage would have to be enclosed.
22 CHAIRMAN LACY: It would be enclosed storage? Okay.
23 MR. MORRISON: Screened or enclosed.
24 CHAIRMAN LACY: Screened .
25 MR. ALLISON: Excuse me, screened or enclosed.
1
1 CHAIRMAN LACY: Okay, thank you. Further questions for
2 Rod? There being none I would ask that the applicant or
3 representative come forward to the microphone. State your
4 name and information that you have for the Board.
5 MR. HOWE: My name is Randy Howe , representing Robert
6 Comer.
7 CHAIRMAN LACY: Do you have any further information for
8 the Board other than what we 've received in the packet?
9 MR. HOWE : Not at this time .
10 CHAIRMAN LACY : Are there any questions for Mr. Howe
11 from the Board? Okay, if we have any questions. . .
12 COMMISSIONER BRANTNER: Going through this , just
13 probably very quickly and simply, what is the reason for the
14 change?
15 MR. HOWE: Well, we feel that right now for future
16 possible use of what we 're doing right now, that we would
17 like to have the entire lot zoned all the same zoning of 1-2 .
18 The I-2 reflecting what we are primarily in the operation of
19 doing right now. And so the real intent is just to, rather
20 than working with having all the different zones in the
21 property we acquired this fall , to have it all rezoned in one
22 zoning.
23 COMMISSIONER BRANTNER: Okay, thank you.
24 CHAIRMAN LACY : Further questions? Thank you. I might
25 state for the record, Commissioner Yamaguchi was upstairs a
26 little bit ago. I 'm not sure why he ' s not down here . If
2
1 there is a split vote , Mr. Yamaguchi would listen to the
2 tapes and would then cast the vote. At this time, I would
3 ask if there is anyone in the audience who cares to speak
4 either for or against the request from a Commercial-3 to I-2
5 Change of Zone?
6 MR. BOHLENDER: Mr. Chairman and members of the Board,
7 my name is William E . Bohlender. Attorney for Jerre F.
8 Largent. The property owner that ' s adjacent to the proposed
9 zoning change and partially surrounded by this property that
10 you have under request at this time. She lives at 1829 and
11 1831 Cherry Avenue . And Mr. Chairman, I 'd like to, at this
12 time , be able to ask questions--possibly of the staff
13 preliminary, then put on one or two witnesses and we will be
14 very brief in our presentation.
15 CHAIRMAN LACY: Okay
16 MR. BOHLENDER: Could I ask the staff a couple
17 questions?
18 CHAIRMAN LACY: Yes . Yes .
19 MR. BOHLENDER: Again, I believe the gentleman
20 representing the applicant stated somewhat of a reason for
21 this change . What is the reason that the staff and the
22 County recommended this change?
23 MR. ALLISON: The County has policies in its
24 Comprehensive Plan, specifically, this site . The Urban
25 Growth Boundary section would be the goals and policies that
26 this site would adhere to, and it does meet the Urban Growth
3
1 Boundary Goals and Policies . Primarily, the number one goal
2 is to refer the land use for consideration to the
3 municipality within three miles . This was referred to the
4 City of Greeley, and they indicated that the use fit with the
5 plans that the City had with the area and that was primarily
6 the main reason. Beyond that, it has the basic purpose of
7 this proposal , water, access to an adequate road system, and
8 therefore, it was recommended for approval.
9 MR. BOHLENDER: Isn ' t it correct that this would be an
10 industrial island then in this particular area, an industrial
11 zone, an industrial park?
12 MR. ALLISON: Not necessarily. I think the City has
13 indicated that this area is changing for the types of use
14 that the applicant now presently has on the property.
15 MR. BOHLENDER: But is it consistent with your type of
16 planning, in Weld County planning, that you go from a
17 residential to a very light commercial to an industrial when
18 you have residential all around it?
19 MR. ALLISON: Well, in this case , I think the use on the
20 property already exists as it is today. And the applicant is
21 planning in the future to expand this particular use .
22 MR. BOHLENDER: So we have an expansion of this. . .In
23 other words , we get industrial and we ' ll expand this to a big
24 industrial park. Isn 't that correct?
4
1 MR. ALLISON: No. I think this lot is , the request to
2 change the zoning to industrial fits with what the City of
3 Greeley has the uses in this area are eligible for.
4 MR. BOHLENDER: In other words, all this residential
5 area will go industrial, is that what you 're saying?
6 MR. ALLISON: Similar type of uses could possibly exist
7 around this particular use. That ' s correct.
8 MR. BOHLENDER: Now the Greeley Industrial Park and the
9 Evans Industrial Park , there ' s lots of space growing up in
10 weeds , right?
11 MR. ALLISON: I have no idea .
12 MR. ROHLENDER : You 've never been around there?
13 MR. ALLISON: Well , I don ' t know if they're growing up
14 in weeds .
15 MR. BOHLENDER: Or if there ' s a lot of activity out
16 there?
17 MR. ALLISON: I would imagine that there is some
18 activity out there.
19 MR. BOHLENDER: You' re not familiar with the other
20 industrial areas?
21 MR. ALLISON: No, I 'm not.
22 MR. BOHLENDER: So you 're only familiar with this
23 industrial area.
24 CHAIRMAN LACY: Excuse me, to answer that, Mr.
25 Bohlender. We are not involved with the Greeley or Evans
5
1 industrial areas because they're within the cities. See we
2 would not. . .
3 MR. BOHLENDER: But I 've just asked this gentleman it he
4 was familiar with them. Okay.
5 MR. ALLISON: No, I 'm really not.
6 MR. BOHLENDER: Okay, I have no further questions . I
7 would ask Jerre Largent to come up. Where would you like,
8 Mr. Chairman, her to sit over here by the other mike or. . .
9 CHAIRMAN LACY: No, that' s fine. Right there would be
10 fine. Right with you. That would be fine.
11 MR. BOHLENDER: Here with me . Okay. We can stand
12 together alright.
13 MS . LARGENT: Okay.
14 MR. BOHLENDER: How' s that. Now you're not nervous, are
15 you.
16 MS. LARGENT: Yes.
17 CHAIRMAN LACY: State your name and address, please.
18 MS . LARGENT: Jerre Largent. 1831 Cherry Avenue .
19 MR. BOHLENDER: You are right adjacent and partially
20 surrounded by the people that are asking for this change,
21 right?
22 MS . LARGENT: Yes .
23 MR. BOHLENDER: And you purchased this property that
24 you're now on in 1983 , is that right, around July?
25 MS . LARGENT: That' s right.
6
1 MR. ROHLENDER: Okay . Would you explain to the
2 Commission here, the status of that property in 1983 as far
3 as buildings and so forth were concerned. And Mr. Chairman,
4 could we have a little map marked. We guarantee that this is
5 not according to scale.
6 MR. MORRISON: It would be Exhibit F.
7 MR. BOHLENDER: Mrs . Largent, I show you this has been
8 designated as Exhibit F. Is this a free drawing that you
9 made out concerning the property?
10 MS. LARGENT: Yes .
11 MR. BOHLENDER: I ' ll just hand this around. A lot of
12 you may look at it as we progress with it. It ' s very little
13 but you can look. Now, what you have set out there in the
14 general description of this property that' s in black, is that
15 what was present in 1983?
16 MS . LARGENT: Right. Yes .
17 MR. BOHLENDER: And up on the top, right below what is
18 marked as 18th Street is the original building, the small
19 commercial building. Is that correct?
20 MS. LARGENT: That ' s right.
21 MR. BOHLENDER: And then to the south and a little bit
22 to the west of that is what is designated as a pole barn. Is
23 that correct?
24 MS . LARGENT: Right.
7
1 MR. BOHLENDER: And then your property is right south of
2 that which is marked Duplex in yard and Circle Drive. Is
3 that correct?
4 MS . LARGENT: That' s right.
5 MR. BOHLENDER: Now, Mrs . Largent, then progressing on
6 to 1987 , are the changes marked out in red?
7 MS . LARGENT: Yes .
8 MR. BOHLENDER: In other words , the original small
9 commercial building. The new boundary in red shows the
10 extensions on that. The pole barn has been changed over to
11 another location west of you, is that correct.
12 MS . LARGENT: That ' s right .
13 MR. BOHLENDER: And your property is the property right
14 directly east of the pole barn reaching out into the avenue,
15 is that correct?
16 MS LARGENT: That ' s right .
17 MR. BOHLENDER: Would you explain to the Board what has
18 happened in 1987 , as to the operation of this commercial
19 property, as far as , first of all , you 've designated the
20 expansions of the building. What about the noise.
21 MS . LARGENT: The noise has increased a lot.
22 MR. BOHLENDER: Would you explain that? Explain what
23 you 're talking about by the noise .
24 MS . LARGENT: Whatever their production is, they're
25 running a night crew until 12 : 30 or 1 :00 o 'clock in the
8
1 morning and the doors are open , have been opened during the
2 summer and there ' s a lot of noise now.
3 MR. BOHLENDER: What about the items that they're using.
4 Has there been anything blowing over or anything interfering
5 with your property? Would you go into that?
6 MS . LARGENT: Well, when all of this was being built,
7 whatever they were delivering had large sheets of plastic on
8 it and it blew all over the neighborhood.
9 MR. BOHLENDER: What about shingles or anything like
10 this .
11 MS. LARGENT: Shingles off the pole barn blew into my
12 corral , scared my animals a lot.
13 MR. BOHLENDER: Would you go into what about the water
14 situation and the drainage and what happened this spring?
15 MS . LARGENT: Well, when the approval was made to put in
16 this bigger building, I was concerned about covering all that
17 property with building, where there had been grass . I was
18 afraid that it would flood. And, when it did rain for two
19 weeks , Mr. Comer ' s dock filled clear up with water and for
20 the first time since I 've lived there , my closet downstairs
21 mildewed. I can' t say that that was directly a result of
22 that, but that ' s what happened .
23 MR. ROHLENDER: What about ditches or so forth being
24 drawn along your property. Would you explain what happened
25 there?
9
1 MS . LARGENT: The green line shows a ditch, I think it ' s
2 a holding area for the runoff there, but it ' s running water
3 that runs to the west. An open ditch now.
4 MR. BOHLENDER: So you have an open ditch that runs on
5 the north of your property and on the west, is that correct?
6 MS. LARGENT: Right.
7 MR. BOHLENDER: Is this supposedly for drainage or do
8 you notice water running in it?
9 MS . LARGENT: Yeah, there ' s water running in it.
10 MR. BOHLENDER: And before , isn ' t it correct, that this
11 land that was taken out and put buildings on before that, it
12 would absorb this moisture that' s now running in these open
13 ditches .
14 MS . LARGENT: Right.
15 MR. BOHLENDER: Okay. What about the sprinklers and so
16 forth that you 've mentioned to me about.
17 MS . LARGENT: You can see the sprinklers there on the
18 south side of the new building. They spray over my fence and
19 all over my shed. I was out there painting and the water
20 came on. I had to run and put a bucket over it so I could
21 finish painting my shed.
22 COMMISSIONER BRANTNER: Excuse me, before you go any
23 further. You own--what the ditch is in the middle of that
24 square where it ' s identified as "shed-sprinklers"--that area,
25 that is your property also?
10
1 MS . LARGENT: Right. That line that runs along there
2 is my property line.
3 MR. BOHLENDER: Why don ' t you go up and show the
4 Commissioners exactly what you 're talking about to make sure
5 that they understand it.
6 MR. BRANTNER: Well , then this ditch that is identified,
7 I mean. . .
8 MS: LARGENT: No, no, that ' s just showing that the ditch
9 runs right here and right here . The water. . .
10 COMMISSIONER BRANTNER: Oh, this is what?
11 MS . LARGENT: This? That ' s just a line to show you that
12 it' s a ditch.
13 COMMISSIONER BRANTNER: Okay. This is pointing to the
14 two ditches .
15 MS . LARGENT: Right.
16 COMMISSIONER BRANTNER: Okay.
17 MS. LARGENT: Okay?
18 MR. BOHLENDER: Just to make another clarification. Why
19 don ' t you write across there in red your property. Put
20 Largent on that, would you?
21 COMMISSIONER KIRBY : Why don ' t you show the property on
22 these maps so we. . .
23 COMMISSIONER BRANTNER: What did you say, Bill?
24 COMMISSIONER KIRBY: No. I thought maybe we could get
25 the property identified on the map that we have.
11
1 CHAIRMAN LACY: It is .
2 MR. BOHLENDER: And why don ' t you just pass that around
3 so everybody can take a look at that, and Jerre go ahead and
4 explain it to anyone that would like to. . .
5 COMMISSIONER BRANTNER: Largent owns I think 005 and 04 ,
6 Bill, if that helps you on that map. No, she owns 04 , not
7 005 . Isn ' t that right?
8 MR. BOHLENDER: If it ' s any clarification, she owns the
9 property directly south of the proposed property change,
10 adjacent and directly south and also they come around the
11 corner and she faces her west boundary up against the
12 property, so that corner ' s totally hers .
13 COMMISSIONER BRANTNER: Would you identify her property
14 on the map we have in our packet?
15 MR. BOHLENDER: Okay, this is the proposed changes in
16 here, right?
17 COMMISSIONER BRANTNER: Yes . But it ' s either this or
18 these two?
19 MR. BOHLENDER: Her property is these two here.
20 COMMISSIONER BRANTNER: 005 and 04 .
21 MR. BOHLENDER: Yeah. The Largent property runs right
22 there, in other words , if it ' s adjacent exactly to the
23 southern boundary of this property and also to the east
24 boundary.
25 COMMISSIONER BRANTNER: Now, on our map, 109 is a lot
26 identification number. Is that zoned now C-3? On this map.
12
1 This is theirs , is that zoned C-3 now? I guess I 'm wondering
2 what we ' re dealing. . .
3 MR. ALLISON: The property under question is zoned C-3
4 Commercial and also zoned R-1 Residential (inaudible) . Part
5 of the lot is zoned R-1 and part of the lot is zoned C-3 .
6 COMMISSIONER KIRBY: Okay, then Rod, what about the
7 surrounding property?
8 MR. ALLISON: Well, you have Linn Grove Cemetery to the
9 north which is zoned Agricultural . And you have to the
10 north-northwest, you have Industrial zoning, and immediately
11 to the west of the subdivision, you have an area that ' s zoned
12 R-1 and south of subdivision, you have an area that' s zoned
13 R-1 . And then also further east you have some more
14 Commercial-3 Zoned District.
15 COMMISSIONER JOHNSON:. The property is. . .
16 MR. ALLISON: You basically have a. . .
17 COMMISSIONER KIRBY : There ' s no Agricultural zoning,
18 right?
19 MR. ALLISON: Well , Linn Grove Cemetery, but. . .
20 COMMISSIONER KIRBY: Except Linn Grove.
21 MR. ALLISON: Yah.
22 (Inaudible Conversation)
23 COMMISSIONER KIRBY: No, but her testimony about
24 animals , that isn ' t even. . .
25 MR. ALLISON: Well, you can have animals in areas zoned
26 Residential-1
13
1 COMMISSIONER KIRBY: You still can in the County.
2 MR. ALLISON: Based on a lesser amount, of course , that
3 in Agricultural .
4 COMMISSIONER KIRBY: Okay.
5 COMMISSIONER JOHNSON: Just for information, in this
6 little white envelope, there is contained a map that shows
7 the current zoning of this property.
8 COMMISSIONER KIRBY: Yeah, I didn ' t study it as much as
9 I should have, I guess .
10 CHAIRMAN LACY: Go ahead Mr. Bohlender. Do you any
11 further questions?
12 MR. BOHLENDER: Mrs . Largent, did you, when you
13 purchased the property, have a lien or mortgage on the
14 property that required a full payment in 1988?
15 MS . LARGENT: Yes .
16 MR. BOHLENDER: And is that going to be approximately
17 thirty-five thousand dollars that you ' re going to have to
18 refinance or pay off in July of 1988 . Is that correct?
19 MS . LARGENT: Yes .
20 MR. BOHLENDER: Have you been attempting to refinance
21 your property to obtain the necessary funds to acquire
22 refinancing?
23 MS . LARGENT: Yes, I have.
24 MR. BOHLENDER: And what has been your experience in
25 that?
14
1 MS . LARGENT: No . They won' t loan me any money.
2 MR. BOHLENDER: What are the reasons they state for
3 that?
4 MS . LARGENT: The industry next to me .
5 MR. ROHLENDER: You have applied to the--I believe Intra
6 West lending institution, is that correct?
7 MS . LARGENT: Intra West Mortgage.
8 MR. BOHLENDER: And they replied back that, first of
9 all , your credit was okay, everything was excellent , except
10 they were complaining about the commercialization of the
11 property north of you. Is that right?
12 MS . LARGENT: That ' s right.
13 MR. BOHLENDER: You haven ' t received that official
14 letter back, but they told you about this on the phone, is
15 that correct?
16 MS. LARGENT: Yes .
17 MR. BOHLENDER: Now I have what is marked as Exhibit G.
18 Is this a letter from World Savings concerning a turn down on
19 a loan. Is that right?
20 MS . LARGENT: That ' s right.
21 MR. BOHLENDER: And I 'd like to note on the bottom of
22 this , they mention the reason for the turn down as economic
23 obsolescence due to lack of similar sales, and the subject
24 property is within close proximity to commercial properties.
25 I 'd like to give this to the Board to pass around. In other
26 words , if you don ' t refinance the property or can ' t by next
15
1 July, what ' s going to happen is you' ll have to be forclosed
2 on because you don' t have thirty five thousands dollars in a
3 savings account, do you.
4 MS. LARGENT: No. Yes, that ' s right.
5 MR. BOHLENDER: Unless you hit the lottery or something.
6 MS. LARGENT: Right.
7 MR. BOHLENDER: Okay. I believe that 's all I have of
8 Mrs . Largent right now unless the Board or anyone would like
9 to ask her a question.
10 COMMISSIONER JOHNSON: I would just note for the record
11 that this note also indicates that part of the problem is
12 that the subject is unique and that it is a duplex on a
13 residential acreage , so I didn' t hear you mention that, but
14 that seems to be the. . .
15 MR. BOHLENDER: Well, it ' s included in that statement.
16 Correct?
17 CHAIRMAN LACY: Have any questions for. . .Go ahead.
18 MR. BOHLENDER : I have no further witness , but would
19 like to make a statement to the Board. First, I would like
20 to draw the Board ' s attention to the Weld County Zoning Code
21 I looked at the other day, and I 'd like to read from two
22 parts of it. On page 30-23 , it sets out the intent of C-3 ,
23 your commercial zone. The intent of your Commercial-3 zone
24 it states as follows : "The C-3 District shall be located,
25 designed, and operated in a manner that minimizes the
26 undesirable impacts on the area in which they are located. "
16
1 And I emphasize that this C-3 is designed to minimize the
2 undesirable impacts on the area around it. Now I point out
3 to the Board the, on page 30-32 of your Code, what Industrial
4 is. "The purpose of the Industrial districts is to provide
5 protection zones for the development and operation of
6 industrial uses to protect industry from the encroachment of
7 Commercial and Residential uses which may be adverse to the
8 operation and expansion of such industry. " And as the
9 applicant testified here, they propose to expand. In other
10 words , what they have done here is they have expanded
11 dramatically in 1987 , as shown by our drawings and your
12 records will show, their stated intent is to continue
13 expanding in the Industrial . Now once you zone this
14 Industrial, you' re going to protect it. In other words,
15 you ' re now going to have an Industrial park zone . And your
16 rules or your definition sets out that you're going to
17 protect this Industrial zone from encroachment from the
18 Residential. Whereas, when you go back to the Commercial, at
19 least the minor Commercial, your stated purpose is to protect
20 the residential people from encroachment. Two very
21 contrasting operations . Now if Mrs. Largent can' t receive a
22 loan today because there is a zoned Commercial north of her,
23 what' s going to happen if she attempts to receive a loan when
24 there is an Industrial zone? And that ' s our point here is--I
25 don 't understand the intent of zoning except in my mind it' s
26 to balance the rights of the parties involved. All of the
17
1 Commissioners know the economic situation in Weld County and
2 the cities within it. We have industrial sites all over the
3 place . Why are we allowing this place to become an
4 industrial manufacturing place in expanding to this point and
5 continuing to expand and you 're taking away very possibly the
6 very property rights of the people around it. Now what
7 better test is there in economic development as when you have
8 a piece of property you can' t get a loan on? What more can
9 we say? We can have appraisal after appraisal, but what more
10 can we say to you as if I have a piece of property that now
11 I 'm going to lose if I can 't come up with thirty-five
12 thousand dollars next July. Mrs. Largent' s going to lose her
13 property. We have two instances of turn downs here. Just
14 because there ' s Commercial around it. What' s going to happen
15 if we have Industrial? That ' s a big red flag completely and
16 so I submit that with this , our plain and simple reason for
17 being here is this is a continuing cancer in that area,
18 expanding itself in hitting all the residential areas south
19 of it. She started out with a view with grass and so forth
20 to the west, with the small commercial to the north, and now
21 she ' s ending up with being partially surrounded by buildings
22 and being surrounded by a drainage problem, being surrounded
23 by noise . Surely we can stop at least at this point. The
24 problem Jerre has had is the fact that she was a bit naive
25 and should have been in here raising all sorts of cain very
26 early, I suppose, but she thought to be neighborly and let
18
1 this possibly develop in the best fashion. Therefore , I
2 submit to you that we surely would like you to take this on
3 serious consideration and not allow it to continue to proceed
4 down the line and hurt the neighborhood to where she will be
5 unable to either sell or refinance and lose her. property.
6 Thank you.
7 CHAIRMAN LACY: Are there anv questions for Mr.
8 Bohlender at this time.
9 COMMISSIONER JOHNSON: I have a couple for Planning
10 staff if I might.
11 CHAIRMAN LACY: Fine. Okay. Thank you, Bill.
12 MR. BOHLENDER: Fine.
13 COMMISSIONER JOHNSON: The uses in a C-3 District, the
14 uses allowed, you can have the same under a Use by Special
15 Review, you can have the same uses as those allowed in an
16 I-1 , is that correct?
17 MR. ALLISON: That' s correct, with a Use by Special
18 Review.
19 COMMISSIONER JOHNSON: With a Use by Special Review.
20 And if I 'm--there are certain design standards or that sort
21 of thing that have to be met when that happens , is that
22 correct?
23 MR. ALLISON: That ' s correct, depending on if there' s
24 any impacts to mitigate .
19
1 COMMISSIONER JOHNSON: Okay. The uses in--I 'm trying to
2 get at what the real difference is here in terms of the I-1
3 use and the USR in a C-3 that we 've already given.
4 MR. ALLISON: Well , the Commercial-3 Zone District
5 allows any sort of retail or wholesale commercial to the
6 general public, and in this particular case, you have a Use
7 by Special Revew on this property which allows processing,
8 manufacturing, fabricating, for this particular use. Now, a
9 Change of Zone to I-2 allows processing, fabricating,
10 manufacturing, as permitted by the 1-2 Zone District, but it
11 also requires a site plan review which the basics are checked
12 off such as water, sewer, access, proper screening and so,
13 really, the main difference in this particular case is the
14 Use by Special Review specifically speaks to this particular
15 use, whereas the I-2 would allow additional uses with
16 approval of a site plan review.
17 COMMISSIONER JOHNSON: Thank you.
18 COMMISSIONER BRANTNER: Rod , as far as you know and as
19 far as you' re aware of, under the existing zone that they
20 have C-3 , Use by Special Review, they are in compliance and
21 what they propose to do, and I think of it still being in
22 compliance under the area that is zoned as it is?
23 MR. ALLISON: Right.
24 COMMISSIONER BRANTNER: Now, also, the 6 . 84 acres it
25 says, existing zone C-3 , is that also under the Use by
26 Special Review, or is that just straight C-3?
20
1 MR. ALLISON: Well , there ' s a C-3 Zone District on
2 approximately 5/6ths of the 6 .84 acres is zoned C-3 , and the
3 remaining 1/6th is zoned R-1 , and there ' s a residential home
4 on that. And then the Use by Special Review is on the C-3
5 area and that ' s for the use that' s there now.
6 COMMISSIONER BRANTNER: They could not then, under the
7 parcel I ' ll identify as 6 . 84 acres--does that include the R-1
8 zone then?
9 CHAIRMAN LACY: Yes .
10 MR. ALLISON: Yes.
11 COMMISSIONER BRANTNER: Okay, but looking only at the
12 C-3 , they could not then manufacture , doing what they're
13 doing in that zone, without an expanded Use by Special Review
14 then, is that correct?
15 MR. ALLISON: Without it, yes, that ' s correct
16 COMMISSIONER BRANTNER: And, of course, R-1 , that would
17 have to be C-3 with a Use by Special Review so that it would
18 be uniform under the present zoning that they have in the
19 northeast corner.
20 MR. ALLISON: Well, their request is to make the. . .
21 COMMISSIONER BRANTNER: Whole thing. . .
22 MR. ALLISON: . . . zoning uniform.
23 COMMISSIONER BRANTNER: Yeah. But they could accomplish
24 the same thing by a C-3 Use by Special Review for the whole
25 parcels , all three parcels .
21
1 MR. ALLISON: As long as there ' s not a need to, and I
2 don ' t think there is , to expand onto the area zoned R-1 .
3 COMMISSIONER BRANTNER: They could ask for a change of
4 that one the same. Couldn ' t they?
5 MR. ALLISON: To just. . .
6 COMMISSIONER BRANTNER: To a C-3 , Use by Special Review?
7 MR. ALLISON: Well , they could request a Change of Zone
8 to C-3 and then get a Use by Special Review. That ' s
9 possible. You really have to be looking at an area that' s
10 under transition which mix Residential and Commercial
11 throughout. That ' s basically the feedback we got from the
12 City of Greeley. They had no objections to this proposal .
13 COMMISSIONER JOHNSON: Is the reason for I-2 instead of
14 I-1 having to do with the enclosure, of it being. . .
15 MR. ALLISON: Yes , the I-1 requires everything to be
16 totally enclosed except some forms of parking. They do have
17 some outside storage, I believe .
18 COMMISSIONER BRANTNER: Enclosed by fence or enclosed by
19 building?
20 COMMISSIONER JOHNSON: Building.
21 MR . ALLISON: The I-1 requires enclosed by building.
22 COMMISSIONER BRANTNER: Okay.
23 CHAIRMAN LACY: At this time, I would ask if there ' s
24 anyone else in the audience who cares to speak either for or
25 against this application. We ' ll let you rebut as soon as we
26 get finished, okay. Being no one, we would now let the
22
1 applicant come up for the final word and then we will close
2 the testimony.
3 MR. HOWE: I would like to comment briefly on. . .
4 CHAIRMAN LACY: Would you state your name again for the
5 record, please .
6 MR. HOWE: Randy Howe, representing Robert Comer. I
7 would like to just briefly review what has happened on that
8 property. Originally it was a run down truck stop at the
9 time that a lease with option to purchase came out. And then
10 in the middle and late 70 ' s was expanded with the twin tee
11 construction and the manufacturing operations that we have,
12 and the pole barn placed at that time back close to Mrs .
13 Largent ' s corrals and our last expansion which, in regards to
14 Mrs . Largent ' s property, we've expanded cold storage
15 warehouse facility, not manufacturing facilities closer to
16 her property, I believe , by about ten feet from where the
17 pole barn was to her corrals . And once again, done with an
18 effort to minimize the impact on the neighborhood, and at
19 that time , which is still, we 're currently working on, there
20 have been over five hundred trees planted around the entire
21 perimeter of this property with the specific idea of
22 minimizing any visual impacts to our neighbors. We do like
23 to maintain a good neighbor policy. There has been water
24 that has collected in the drainage facilities. That once
25 again, in an effort to beautify and improve and enhance the
26 appearance of the facilities there, we have seeded
23
1 approximately three acres and watering it every hour on the
2 hour, which hence has , there has been some water that has
3 gone into drainage from that specific use . In regards to
4 noise factor, since 1983 at the point of purchase, there has
5 been no additional manufacturing equipment that has been
6 placed anywhere closer in proximity to Ms. Largent' s facility
7 that existed at her time of purchase . The only thing that
8 has increased is cold storage at that time. In regards to
9 shingles blowing off, I 've done my best to advise and control
10 God
11 and his acts during my lifetime but I have not had much
12 success in doing that . Once again, we ' re trying to place as
13 many visual barriers as possible. There was water that we
14 had some severe rains during construction . Prior to the
15 completion of the drainage facilities that were in part of
16 the plan, we did receive some large rains . We ourselves were
17 flooded in our facility. And since the time that we have had
18 the full drainage plan built into the facility, there has not
19 been a problem in our facility since that time. In regards
20 to adverse effects , I 'm slightly puzzled at the thought of it
21 right now, since it was not more than three or four months or
22 during the time of construction that Mrs . Largent herself
23 approached us with the idea of leasing the property directly
24 behind her with the pole barn in its current position that
25 she herself may operate some business of hoarding and
26 training horses using the pole barn in its present location
24
1 behind her property. I regret any mishappenings of
2 sprinkling systems and so forth. Those have not been moved
3 whatsoever closer to her property since the time of
4 construction, and we will make every effort not to allow that
5 to happen. In summary, we are trying to minimize impacts to
6 our neighbors by beautifying in increasing the property and I
7 would ask various members of the Board to drive by the
8 facility and take a look and give your own personal opinion
9 as to the improvements in the appearances , not the other
10 direction of seeing degradation take place to the property
11 values . I would also encourage you to consider the facts
12 that in economic impact, we have already provided twenty-five
13 new jobs to this County in our expansion and we are
14 continuing to add additional jobs which is allowing people to
15 go out and make home mortgages and make payments upon them.
16 And with that in mind, I 'd ask that you give approval at this
17 time. Thank you.
18 CHAIRMAN LACY: Are there any questions for Mr. Howe
19 from the Board? Thank you.
20 COMMISSIONER BRANTNER: Rod, to refresh my memory, you
21 went over this once but I didn' t catch it all . The zoning
22 surrounding this property, Linn Grove Cemetery, is zoned
23 Agricultural.
24 MR. ALLISON: Correct.
25
1 COMMISSIONER BRANTNER: The property west and north of
2 Cedar Avenue and U.S . Highway 34 in this immediate vicinity
3 is zoned?
4 MR. ALLISON: Well, you have a combination of
5 Residential and Commercial-3 .
6 COMMISSIONER BRANTNER: Looking at the vicinity map on
7 the plat, I guess, there ' s a big E.
8 MR. ALLISON: That ' s Estate, which has been, as a
9 previous classification, that the County used. They now use
10 R-1 , Low Density Residential.
11 COMMISSIONER BRANTNER: So, that zoning now is R-1 and
12 Ms . Largent' s property is also R-1?
13 MR. ALLISON: Correct.
14 COMMISSIONER BRANTNER: Then going east across Cherry
15 Avenue, Western Hills has a fire station there, and then
16 south of that is zoned what?
17 MR. ALLISON: That' s also zoned Residential-1 .
18 COMMISSIONER BRANTNE.F: Where the fire station is and
19 then south of that?
20 MR. ALLISON: Right.
21 COMMISSIONER BRANTNER: Okay.
22 CHAIRMAN LACY: Further questions for Rod or for Lee at
23 this time and for staff?
24 COMMISSIONER KIRBY: Yes . Rod, the only other question I
25 would have, I think, is, are there any other businesses in
26
1 that vicinity that should be requiring Industrial zoning, on
2 the south side of 34?
3 MR. ALLISON: On the south side , we primarily have
4 agricultural and residential uses .
5 COMMISSIONER KIRBY: Plus there was a commercial farm
6 implement dealer to the east.
7 MR. ALLISON: The east?
8 COMMISSIONER KIRBY : Yeah, but they would all be
9 commercial or less intense along there . . .
10 MR. ALLISON: In that specific area, yes .
11 COMMISSIONER KIRBY: . . .except this one . Okay.
12 COMMISSIONER BRANTNER: There' s no Industrial zoning
13 anywhere then in close proximity to this area?
14 MR. ALLISON: Well, northwest of the site there ' s
15 Industrial zoning. It' s the eastern boundary above Cedar
16 Avenue . Can you see that on your map?
17 COMMISSIONER BRANTNER: Yes.
18 MR. ALLISON: So, that ' s next to, it' s just west of Linn
19 Grove Cemetery. It' s on the north side of 34 and also it' s
20 in between 34 and 16th Street.
21 COMMISSIONER BRANTNER: Is that I-1?
22 MR. ALLISON: No, that ' s 1-3 .
23 COMMISSIONER BRANTNER: I-3 .
24 MR. ALLISON: Right.
25 COMMISSIONER BRANTNER: Is that that monument work.
27
1 MR. ALLISON: I think that ' s one of them in there,
2 but. . .
3 COMMISSIONER BRANTNER: But it would be at least a
4 block, block and a half away?
5 MR. ALLISON: I think you' re looking at approximately
6 two square blocks .
7 COMMISSIONER BRANTNER: Away.
8 MR. ALLISON: It' s not even one side of Linn Grove
9 Cemetery.
10 COMMISSIONER JOHNSON: Directly to the north and west,
11 however, is a fairly large Industrially-zoned tract, is that
12 right? Several. . .
13 MR. ALLISON: That' s what we were talking--north and
14 west, that ' s correct.
15 COMMISSIONER BRANTNER: If there were a 17th Street, if
16 it was there, would it be north of that then?
17 MR. ALLISON: You mean Industrial zoning?
18 COMMISSIONER BRANTNER: Yes.
19 MR. ALLISON: Yes .
20 COMMISSIONER BRANTNER: Okay.
21 MR. ALLISON: Well, actually, according to the map, it
22 appears that it cuts off at 17th Street. I don' t see it
23 running north of 17th Street, Gene . The Industrial zoning.
24 COMMISSIONER BRANTNER: What ' s indicated as I is all
25 Industrial zoning today.
28
1 MR. ALLISON: Right. That ' s I-3 .
2 COMMISSIONER BRANTNER: Now, Mr. Bohlender read out of
3 the zoning book the interpretation was that under C-3 , we
4 were to protect the impact upon the neighborhood. Under
5 Industrial zoning, you were to protect the Industrial from
6 residential encroachment. What type of protection does that
7 require if Ms. Largent wanted to build another horse barn or
8 build a new home there . Would you have to protect your
9 Industrial--flow could you protect you Industrial zoning? I
10 guess, I didn ' t quite understand how you protect Industrial
11 zoning from encroachment of residential.
12 MR. ALLISON: Well, you could do it through extended
13 setbacks or intensive landscape of property, but normally
14 Industrial zoning isn' t protected from Residential zoning.
15 It ' s usually the other way around. Does that. . .
16 COMMISSIONER BRANTNER: If Mrs . Largent wanted to expand
17 her residential use by building a two hundred thousand dollar
18 home right next to the I , there would be no problem?
19 MR. ALLISON: On her lot? If she
20 COMMISSIONER BRANTNER: On her lot.
21 MR. ALLISON: Expand her home?
22 COMMISSIONER BRANTNER: Yes .
23 MR. ALLISON: She currently has zoning for that purpose.
24 COMMISSIONER BRANTNER: Well, I guess I don' t understand
25 Mr. Bohlender ' s statement or his interpretation of the
26 zoning.
29
1 MR. ALLISON: I think the argument, and correct me if
2 I 'm wrong, I think the argument was the ability financially
3 to do that isn' t there, with the Industrial zoning being next
4 door. I think they could not--It was indicated that they
5 couldn' t secure financing because of this use.
6 CHAIRMAN LACY: . . .of the Commercial zone. . .
7 MR. ALLISON: Well, it' s just the use of the property.
8 I think that was the point that was being made.
9 COMMISSIONER BRANTNER: So, then it would make it more
10 difficult then to obtain financing if it was "I" rather than
11 C?
12 MR. ALLISON: I can' t answer that one .
13 COMMISSIONER KIRBY: To get this off dead center, I 'm
14 going to make a motion. I am going to move to deny. My
15 reasoning is , I think we have to accept the use as it is , but
16 I think they can operate legally in that manner. They even
17 will have the opportunity to expand the use by an Amended
18 Special Use Permit. I think, as was brought out, if they do
19 desire to change their Residential to Commercial , that also
20 could be accomplished. But at least I think we have control
21 of the kind of industrial use , where with a Change of Zone,
22 if this business should move at some point in time, it could
23 be changed to a totally different and conceivably noisier,
24 more obtrusive type of industry. So, this is a tough one,
25 but I don' t think the changes around it have been sufficient
26 yet to necessarily warrant the Change of Zone.
30
1 COMMISSIONER BRANTNER: Second.
2 CHAIRMAN LACY: Motion by Bill, seconded by Gene to
3 deny . Bill stated comments . Is there further discussion by
4 the Board?
5 COMMISSIONER JOHNSON: I will vote in opposition to
6 motion . The evidence as presented by the Planning staff and
7 Planning Commission indicates to me that the Change of Zone
8 is an appropriate one . Services are adequate. The area is a
9 changing area. The City of Greeley, who is adjacent, has
10 indicated that this is compatible with their planning for the
11 area and so, I frankly think the difficulty is here that we
12 do have a change of conditions , and I guess we don' t always
13 agree on when that change if sufficient to warrant, but I
14 would say that it is in this area.
15 COMMISSIONER KIRBY: Well , I . . .
16 CHAIRMAN LACY : Further discussion?
17 COMMISSIONER JOHNSON: To me, Bill, there ' s a lot more
18 change going on here than in some other areas that we 've
19 looked at and found changing conditions to justify a Change
20 of Zone , so. . .
21 COMMISSIONER KIRBY: I don ' t. . . maybe I missed something
22 in the arguments that have been presented, but I don't see an
23 expansion of commercial with exception of this particular
24 property. I don' t see any expansion on the south side of
25 18th. I don' t think it' s as intensively commercial as it was
31
1 a few years ago in many ways , when there were more intensive
2 ag-related businesses like the implement dealer that was. . .
3 COMMISSIONER BRANTNER: I guess I would agree with Bill
4 on two points : One was. . .
5 COMMISSIONER KIRBY: I haven' t been shown that in the
6 testimony that it is changing to a more intensive commercial
7 or industrial, with the exception of this one property.
8 COMMISSIONER BRANTNER: With the. . .
9 COMMISSIONER KIRBY: It is. . .
10 CHAIRMAN LACY: Let Gene speak.
11 COMMISSIONER BRANTNER: With the Use by Special Review,
12 and I think that ' s a very important part of that is that,
13 that is to the present users and you go 1-2 , they sell
14 that--it ' s hard telling what could go into that and one of
15 the. . . the opinion of the Weld County Planning Commission
16 that the applicant has shown compliance with 21-5 of the Weld
17 County Zoning Ordinance, as follows . And one of those is
18 that the use allowed on the subject property by granting the
19 Change of Zone will be compatible with the surrounding
20 properties and I guess I would disagree with that one also.
21 CHAIRMAN LACY: Further discussion?
22 COMMISSIONER KIRBY: I would certainly grant this is
23 about as borderline as you get on which way to flip.
24 MR. MORRISON: But, the only thing I 'd point out is that
25 the issue of changing conditions is an alternative to
26 consistency with the policies of the Comprehensive Plan and
32
1 21 . 6 . 2 . 1 provides the proposal is consistent with the
2 policies of the Weld County Comprehensive Plan, if not, then
3 that the zoning of the property under consideration is
4 faulty, or that changing conditions in the area warrant a
5 Change of Zone . So, in fact, there are three alternatives
6 within that condition. And so changing conditions is one of
7 those alteratives .
8 COMMISSIONER KIRBY: Yes, but we ' re still looking at
9 compatibility in all those other things .
10 MR. MORRISON: Certainly, and if the Board would like,
11 I 'd review those standards .
12 COMMISSIONER KIRBY: I think it would be appropriate to
13 make a record of it now.
14 MR. MORRISON: The demonstration the applicant is held
15 to is that first one that I advised you of: consistency with
16 the Comprehensive Plan, or faulty zoning, or changing
17 conditions in the area warrant a Change of Zone. The second
18 is that the uses which would be allowed on the subject
19 property by granting the Change of Zone will be compatible
20 with the surrounding land uses. That adequate water and
21 sewer services can be available to serve the site , and that
22 street or highway facilities are adequate in size to meet the
23 requirements of the proposed zoned district.
24 COMMISSIONER JOHNSON: Okay, the point I was trying to
25 make is that the Comprehensive Plan urban growth boundaries
26 indicate , first of all, that growth should be concentrated or
33
1 adjacent to those existing urban areas , but beyond that, that
2 it should be . . .
3 MR. ALLISON: Coordinated.
4 COMMISSIONER JOHNSON: Coordinated, thank you, Rod, with
5 the municipality, and as I read the review comments from the
6 City of Greeley; Comment nunber four, the area zoned
7 Industrial to the northwest of this site has had many
8 develoment requests including residential, multi-family and
9 commercial uses . These uses have generally been incompatible
10 with Industrial zoning. This suggests that there ' s a need
11 for zoning compatible with the mix of uses in this area, this
12 includes zoning and manufacturing use. I guess I 'm swayed by
13 that comment.
14 COMMISSIONER BRANTNER: Rod, I have a question? Under
15 I-2 that they 're asking for, are there uses that could not be
16 served by a septic system?
17 MR. ALLISON: Well, the requirement is adequate sewer,
18 and the way we would handle it is we would make a referral to
19 the Health Department upon receiving a site plan review and
20 we would have to get appproval of whatever type of system
21 that they were proposing. That ' s basically what it would
22 take . That ' s set up to where. . .
23 COMMISSIONER BRANTNER: So, it is possible then under
24 I-2 , if they sold this property for someone to come in, have
25 proper zoning, proper use , but then could not meet that
34
1 requirement because they would not have adequate sewage .
2 There ' s that possibility.
3 MR. ALLISON. Yes . The use that comes into this site
4 has effluent that needs to be taken care of that the septic
5 can 't handle.
6 CHAIRMAN LACY: I might comment that I agree with Bill ' s
7 comments , that I will vote for the motion , and that I feel
8 that the zoning is proper on the property at the present time
9 and that it can be furthered without going through a change
10 to the Industrial . Is there further discussion by the Board?
11 Roll call please? Excused me , the motion is to deny and I
12 wouls state that before we start.
13 WHEREUPON, a roll call vote was taken and Commissioners
14 Brantner, Kirby, Lacy and Yamaguchi voted aye, and
15 Commissioner Johnson voted nay.
16 CHAIRMAN LACY: The request has been denied.
35
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