HomeMy WebLinkAbout20242409.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location
Parcel Number:
COZ24-0002
WW, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B Recorded Exemption RECX16-0076; being part of the W1/2 SE1/4 of Section
33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 2: approximately 0.5 miles east of County
Road 17.
146933400042
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
Section 22-2-30.8 states: "Locate urban development in urban areas."
Section 22-2-30. 8.1 states: "Encourage annexation of urban -scale development. Zone
changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged.
Property owners who want to rezone or subdivide their property are encouraged to contact the
municipality about annexation."
The property is located more than one (1) mile from the nearest municipality. This Change of
Zone is consistent with the Section 22-2-30.B.1. because the closest municipality is more than
one (1) mile from the site.
Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban
services, including public water, are available."
Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated
December 1, 2017. TCVMD will provide water to the site.
Per the Weld County Department of Public Health and Environment, referral dated May 30,
2024, an on -site wastewater treatment system (OWTS) will serve the site.
Section 22-2-40.A. states: "Support compatible economic development opportunities."
This site is partially in a Weld County Opportunity Zone. The location of the site is consistent
with the Comprehensive Plants intent to place commercial businesses within one-half mile of
an intersection of a collector and an arterial road.
Section 22-4-10.8.1, the Weld County Opportunity Zone criteria, states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one-
half (1/2) mile of collector/arterial intersections.
This property is located within the one-half mile (1/2) of the intersection of County Road 2 and
County Road 19 therefore it is within a Weld County Opportunity Zone as defined by the
Comprehensive Plan. The Comprehensive Plan states that zone changes to commercial and
industrial are preferred in the Opportunity Zones.
Resolution COZ24-0002
VVW, LLC
Page 2
B 23-2-30 A 2 — The uses which would be allowed on the subject property by granting the
Change of Zone will be compatible with the surrounding land uses
The adjacent properties to the east are ,zoned both C-3 (Business Commercial) and A
(Agricultural) The properties to the north and west are also zoned A (Agricultural) and the
properties to the south are in Adams County The land uses to the north, east, and west include
rural residential, agriculture, vacant land The land use to the south, in Adams County, is an oil
and gas well pad The C-3 (Business Commercial) zoned property is located east of and
adjacent to the subject property and was rezoned in 2022 under case #COZ22-0010 this parcel
is currently vacant land The land use on the south side of County Road 2 (168. Avenue) is a
well pad with about thirty (30) wells via Adam's County case # USR2018-00002 and A-3
(Agricultural -3) Zone District Additionally, Eagle Shadow Subdivision is located in Adams
County about a half mile west of the site
There are nine (9) properties in Weld County that are adjacent to this site and eight (8) are
zoned A (Agricultural) and one is zoned C-3 (Business Commercial) The eight (8) agriculturally
zoned properties range in size from 2 2 acres to 46 acres in size and each parcel contain at
least one (1) single-family dwelling -unit
There are fourteen (14) USRs within one (1) mile of the site USR-1396, USR-1063, and USR-
1077 are all for 24 -inch natural gas pipelines Amended AMUSR-256 is for an oil and gas
support and service facility MUSR12-0013 is for a Class II Oilfield Waste Disposal Facility,
USR19-0019 is for a storage and staging yard for oil and gas equipment, USR-1376 is for a
landscaping business, USR18-0128 is for a contractor shop, Fourth Amended 4MUSR22-87-
778 for oil and gas support and service, USR17-0032 is for a greater than 12 -inch high-
pressure natural gas pipeline, USR12-0022 is for a RV and Boat facility, USR17-0067 is for a
self -storage facility, SUP -10 is for a kennel, USR18-0053 is for eight (8) compressors and five
(5) construction office trailers
The site is located within the three (3) mile referral area for the Cities of Dacono, Northglenn,
and Brighton as well as Adams County The Cities of Dacono and Northglenn submitted referral
agency comments stating no concerns dated May 29, 2024 and June 5, 2024 respectively
Adams County submitted referral agency comments dated May 10, 2024 The City of Brighton
did not return referral agency comments
Adams County, in their referral dated May 10, 2024, stated that, "The lots located South of
E 168. Avenue in Adams County have a future land use (FLU) designation of Residential Low
The Residential Low FLU designation is intended for suburban and exurban areas in Adams
County as it primarily consists of single-family housing The preferred land use adjacencies are
Agriculture Small Scale, Parks and Open Space, and Residential Low Typical zone districts
are A-1, RE, and R -1-C [Adams County zone districts)"
The referral also states that, "Since the preferred land use adjacencies do not provide for
Commercial Zoning, this proposal is most likely not consistent with the Adams County
Comprehensive Plan The applicant could consider some enhanced screening/setbacks from
the southern property line to mitigate any potential negative impacts from the proposed
commercial use "
It is unclear when the "suburban and exurban" will be built out with residential dwelling units as
a majority of this Adams County property is currently encumbered with a large oil and gas
battery permitted via Adam's County USR2018-00002
The subject site is not located within a Coordinated Planning Agreement (CPA) boundary of
any municipality
Resolution COZ24-0002
WW, LLC
Page 3
The Department of Planning Services sent notice to twelve (12) surrounding property owners
within 500 -feet of the subject parcel Five (5) surrounding property owners, all within the 500 -
foot buffer, responded with objections to this Change of Zone The concerns outlined in the
letters include issues due to increased traffic, taking away agricultural land, the commercial
uses not being compatible with the surrounding residential uses, potential visual impact, noise,
and odors from a commercial operation, County Road 2 in a state of disrepair, uncertainty of
what can be built on a commercially zoned property, property values decreasing The letters
also state there are two (2) parcels adjacent to and north of the subject property that use the
access easement from County Road 2 and the owner is concerning that a re -zoning could
violate the recorded access agreement These letters were sent to the applicant's
representative on June 9, 2024 and the applicant responded to each of these letters on August
14, 2024 The responses from the applicant were emailed to the respective Surrounding
Property Owner by staff on August 14, 2024
There is an access and utility easement that travels north -south through the center of the
subject property from the center point where the site abuts County Road 2 to two (2) smaller
parcels north of and adjacent to the subject property This easement is a thirty (30) foot access
and utility easement for the benefit of Lot A of RE -4407 and SE -1083 and provides ingress and
egress as well as a utility easement to the two (2) smaller parcels now known as Lot A of
RECX16-0076 and SE -1083 These two (2) smaller lots are under the same ownership at this
time This easement was created in 2006 on Recorded Exemption plat RE -4407 (reception
#3409326, recorded August 4, 2006) and also shown on Recorded Exemption plat, RECX16-
0076 (reception #4219060, recorded July 14, 2016) RECX16-0076 adjusted the lot lines
between Lot A and Lot B of RE -4407 A separate document, created in 2016, (reception
#4229459, recorded August 16, 2016) elaborates on the use and maintenance of this
easement
According to the referral comments from Development Review, dated June 7, 2024, states that,
"The applicant shall obtain a commercial access permit This may include reconfiguring the
existing access point "
The applicant, WW, LLC c/o Ralph Walker, purchased the property in August 23, 2016 and on
March 6, 2017 submitted a Use by Special Review application USR17-0016 for RV and boat
storage, a dump station, enclosed self -storage, and the parking and staging of trash containers,
roll -offs, and vehicles and/or equipment to pick up and deliver roll -offs, and four (4) individual
flex office buildings in the A (Agricultural) Zone District During the review of USR17-0016 it
was noted by staff that an unpermitted roll -off and dumpster business was operating on the
site Although clarification was requested from the applicant during the review of this Change
of Zone, it is unclear who operated this roll -off and dumpster business, but it doesn't appear to
be operating on the site currently
Staff and the Planning Commission recommended denial of USR17-0016 and the USR was
denied by the Board of County Commissioners at the June 21, 2017 hearing Per the amended
Board of County Commissioner Resolution dated March 15, 2018 the findings for denial include
incompatible with the existing land uses, which at that time included agricultural and residential,
and impacts to traffic as the only access is on to County Road 2 at the top of a hill and there
are no turn lanes
In 2019 the applicant, WW, LLC c/o Ralph Walker, submitted a Substantial Change in order to
proceed with a Planned Unit Development (PUD) subdivision with residential and commercial
uses on the same parcel This Substantial Change request was approved by the Board of
County Commissioners on September 8, 2019, however, the PUD application was never
submitted and the property is currently vacant
This recommendation of approval is based on the findings that this area of the County has
changed in character since 2020 There are two (2) new single-family dwelling units
constructed in 2022 on the properties west of and adjacent site and one (1) on a property to
Resolution COZ24-0002
WW, LLC
Page 4
the east of the site However, in addition to these two residences, a newly revised Weld County
Comprehensive Plan was adopted on November 9, 2020 and established Opportunity Zones
Finally, in the past two (2) years, three (3) Change of Zones applications have been approved
in this area, each of these Change of Zones have been a change from A (Agricultural) to C-3
(Business Commercial) The first Change of Zone, COZ22-0010, was approved by the Board
of County Commissioners (BOCC) on December 21, 2022 The second Change of Zone,
COZ23-0002, was approved by the BOCC on August 9, 2023 This property is owned by the
Seltzer family and has had a RV storage facility on it since 2012 The third Change of Zone,
COZ23-0005, was approved by the BOCC on May 8, 2024 and is south of and adjacent to
COZ23-0002 and also owned by the Seltzer family All of these Change of Zone cases had a
recommendation of approval from staff and the Planning Commission The four (4) properties
are within one quarter (1/4) mile of each other and are all within a one-half mile (1/2) mile radius
of the intersection of County Road 2 and County Road 19 placing them entirely or partially
within an Opportunity Zone
County Road 2 does not have turn lanes at the subject property, however, any development
on the site will need to meet all County regulations concerning traffic It was noted, during the
site visit by staff, that County Road 2 has been paved within the last few months and is no
longer is a state of disrepair as stated in the Surrounding Property Owners' letter
The site in a Weld County Opportunity Zone which is a preferred site for rezoning to commercial
and industrial Any future commercial uses will have to be approved through a Site Plan
Review, Use by Special Review, or a Zoning Permit process Site Plan Review and Use by
Special Review applications are sent to referral agencies and, with the Use by Special Review
and Zoning Permit processes, also sent to the surrounding property owners for comment The
Conditions of Approval and Development Standards applied to both this Change of Zone and
any future Site Plan Reviews, Use by Special Reviews, or Zoning Permits will adequately
address and mitigate potential impacts
C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated
December 1, 2017 TCVMD will provide water to the site
Per the Weld County Department of Public Health and Environment, referral dated May 30,
2024, an on -site wastewater treatment system (OWTS) will serve the site
D Section 23-2-30 A 4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts
Per the referral dated June 7, 2024, from the Department of Planning Services — Development
Review County Road 2 is a collector road This road meets the criteria specified in Section 23-
2-30 A 4 and Section 23-2-40 B 4 for Change of Zone in that this road is paved
This portion of County Road 2 is a paved road with 60 feet of right-of-way Per March 14, 2014,
Memorandum of Understanding between Weld County and Adams County, this portion of
County Road 2 is to be maintained by Adams County
E Section 23-2-30 A 5 — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards
1) Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay
D►stnct identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay D►stncts
Compliance maybe demonstrated in a previous public hearing or in the hearing concerning
the rezoning application
Resolution COZ24-0002
WW, LLC
Page 5
The proposed Change of Zone (COZ) site is not located within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property
The proposed zoning will not interfere with the future extract of mineral deposits anymore
that the existing zoning The Geologic Hazards and Mineral Resources Report from Earth
Engineering Consultants, LLC, dated April 29, 2024, submitted in the application materials,
state that no sources of critical minerals are inferred at this site and no significant resources
of sand and gravel exist below ground surface It goes on to state that the site is located
within the Spindle Oil and Gas field and that there are oil/gas facilities and/or on the site
The Report states that based on this information it appears potential oil/gas resources
could exist, therefor, an evaluation by others would be needed to evaluate that possibility
The Colorado Geological Survey in the referral dated May 15, 2024, stated that they have
no objection to approval of the COZ24-0002 rezone and that the property is not within a
mapped aggregate resource area
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the site,
that such limitations can be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns pnor to the development of the
property
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 84% of
the site consists of low -slope (1-3%) Nunn loam soils and about 8% consist of a
combination of low -slope (1-3%) Wiley -Colby complex soils and moderate slope (3-5%)
Ulm clay loam and the remaining 8% of the site is classified as water although there are
no visible water bodies on the site Both the Nunn and the Wiley -Colby complex soils are
classified as "Prime Farmland if Irrigated" and Ulm clay loam is classified as "Farmland of
Statewide Importance" '
The Geologic Hazards and Mineral Resources Report from Earth Engineering Consultants,
LLC, dated April 29, 2024, concludes with, " the proposed development appears
compatible with the observable geologic conditions at the site A preliminary geotechnical
investigation is recommended to characterize the subsurface conditions and provide
recommendations for planning site development and design of the site grading period a
preliminary investigation may find subsurface geologic hazards not identified by this
evaluation Additional investigations will be required to provide design recommendations
for building foundations and pavements after site development "
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District
is conditional upon the following
1 Prior to recording the plat
Resolution COZ24-0002
WW, LLC
Page 6
A The applicant shall acknowledge the referral comments from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated May 14, 2024 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Department
of Planning Services)
B The applicant shall address the concerns from the Division of Water Resources, as stated in
the referral response dated June 5, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
C The applicant shall acknowledge the referral comments from Adams County, as stated in the
referral response dated January 24, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
2 The Change of Zone plat shall be amended to delineate the following
A All sheets of the plat shall be labeled COZ24-0002 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
C All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number (Department of Planning Services)
D This portion of County Road 2 is a paved road maintained by Adams County Weld County has
60 feet of right-of-way associated with CR 2 The applicant shall delineate and label on the plat
the future and existing right-of-way (along with the documents creating the existing right-of-
way) and the physical location of the road If the existing right-of-way cannot be verified it shall
be dedicated The applicant shall also delineate the physical location of the roadway Pursuant
to the definition of setback in the Weld County Code Sec 23-1-90, the required setback is
measured from the future right-of-way line (Development Review)
E Show and label the existing permitted, shared access point onto CR 2 Include the access type
(Development Review)
3 The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ24-0002, allows for C-3 (Business Commercial) Zone District uses which
shall comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld
County Code (Department of Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Planning Services)
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
7) Water service may be obtained from Todd Creek Village Metropolitan District (Department of
Public Health and Environment)
Resolution COZ24-0002
WW, LLC
Page 7
8) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may
be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system (Department of Public Health and Environment)
9) Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed (Department of Public Health and Environment)
10) Building permits may be required, for any new construction, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings'
and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently the following_ has been adopted by Weld County 2018
International Building Codes, 2018 International Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County Code A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building
Inspection)
11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs (Department of Planning Services)
12) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
4 Upon completion of Conditions of Approval 1, 2, and 3 above, the applicant shall submit one (1)
electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff The plat
shall be prepared in accordance with the requirements of Section 23-2-50 D of the Weld County
Code The Mylar plat and additional requirements shall be submitted 'within one -hundred -twenty
(120) days from the date of the Board of County Commissioners resolution The applicant shall be
responsible for paying the recording fee
5 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of
the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence substantiating that the
COZ has not been abandoned and that the applicant possesses the willingness and ability to record
the plat The Board of County Commissioners may extend the date for recording the plat If the
Board determines that conditions supporting the original approval of the COZ cannot be met, the
Board may, after a public hearing, revoke the COZ
6 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period
Resolution COZ24-0002
WIN, LLC
Page 8
7 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval
by the Board of County Commissioners unless otherwise specified by the approving resolution of
the Board of County Commissioners However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded
Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage
Pamela Edens
Cindy Beemer
Absent
Michael Wailes
Michael Biwer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 3, 2024
Dated the 3rd of September, 2024
45\i6bAnobtaikt.
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, September 3. 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White. at 1:40 p.m.
Roll Call.
Present. Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Cindy Beemer.
Absent: Michael Biwer.
Also Present: Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services. Karen
McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ24-0002
WW. LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B Recorded Exemption RECX 16-0076: being part of the W1/2 SE1/4 /4 of Secticn
33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 2: approximately 0.5 miles east of County
Road 17.
Diana Aungst, Planning Services, presented Case COZ24-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that five (5) surrounding property owners submitted letters of
objection outlining concerns regarding an increase in traffic, taking of agricultural land, potential visual
impacts, noise and odor, and the incompatibility with surrounding properties. Ms. Aungst provided
Environmental Health's review of the public water and sanitary sewer requirements. The Department of
Planning Services recommends approval of this application along with conditions of approval.
Chadwin Cox, Western Engineering Consultants, 127 South Denver Avenue. Ft. Lupton, Colorado, stated
that he is representing the applicants. He stated that the applicants are requesting a change of zone to C-
3 (Business Commercial). Mr. Cox said that the adjacent road, County Road 2, is intended to be a four -
lane roadway in the future and is classified as an arterial road in Adams County.
Mr. Cox said that the applicant is proposing to utilize the current 5 -acre storage yard that is already screened
and fenced and to use the existing facilities for a construction contractor storage yard. Mr. Cox said that
they are requesting this rezoning application to be reviewed on the merits of the Weld County Code, Weld
County Comprehensive Plan the intent that the opportunity zones created when the County updated their
codes and guiding documents.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Michael Wailes is recusing himself from this case as Ms. Shea represents an organization that he is a
shareholder in.
Stacy Shea, Otis and Bettingfield, 2125 Honeybee Drive Windsor, Colorado, stated that she is the attorney
representing property owners within the vicinity of the site. Ms. Shea said that they disagree that this
change of zone is compatible. She said that the majority of the surrounding area is agriculture and there
are two (2) parcels that are zoned commercial so it seems like it is slowly making it compatible with
commercial zoning. Ms. Shea said that in 2019, Weld County denied USR17-0016 due to its incompatibility
with existing uses of the surrounding parcels and the negative impacts such development would have on
traffic. Now, County Staff is recommending approval for this change of zone stating that these are no longer
1
factors that would lend to denial Despite the prior approval of two zoning applications in recent years there
is still predominantly ag land She said that they are not seeing the change of the tide to make it a more
commercial area but rather the opposite with this being a residential area in Weld and Adams Counties
Ms Shea said that the elements that lead to the ultimate denial in the USR still exist today and requested
that the proposed change of zone also be denied
Commissioner Palizzi asked Ms Shea to speak to the comment made about the applicant's responses not
being helpful Ms Shea said that for the most part there was no real attempt or suggestion of ways that
the properties could work together to come to a mutually beneficial conclusion
Mr Cox said that the changes to the Weld County Comp Plan and opportunity zones were created because
the commercial and industrial uses you could previously be permitted for are no longer applicable Mr Cox
said that they are open to conversations on mitigating any concerns with the neighbors
Karl Wiscombe, 9695 Cherryvale Drive, said that he appreciates the concern of the neighbors and
information shared by planning staff He provided the history of acquiring their property and the denials on
proposals that they have submitted He said that all they want to do is run their business in compliance
with the Weld County Code and be good neighbors
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ24-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of denial
Moved by Cindy Beemer, stating that it does not comply with Section 23-2-30 A 2 of being compatible with
the surrounding land uses Ms Beemer said that she feels despite the opportunity zone being created
there, she doesn't feel the rezoning of this parcel is compatible
Seconded by Pamela Edens stating that she agrees that it is not compatible with the surrounding land
uses
The Chair called for the vote
Vote Motion failed (summary Yes = 2, No = 4, Abstain = 0)
Yes Cindy Beemer, Pamela Edens
No Barney Hammond, Butch White, Michael Palizzi, Virginia Guderjahn
Absent Michael Wailes
Commissioner Palizzi said that although he may not agree with the placement of the opportunity zone, it is
there
Commissioner Guderjahn stated that she agrees that the opportunity zone is there so therefore it does fit
with Section 23-2-30 A 2 that it is compatible
Motion Forward Case COZ24-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond
Vote Motion passed (summary Yes = 4, No = 2, Abstain = 0)
Yes Barney Hammond, Butch White, Michael Palizzi, Virginia Guderjahn
No Cindy Beemer, Pamela Edens
Absent Michael Wailes
Commissioner Palizzi stated that the opportunity zone in this location is a tough situation, but it is there so
he is voting for approval
2
Commissioner White stated that it is an opportunity zone and there is commercial nearby and also located
on an arterial roadway
Meeting adjourned at 5 07 p m
Respectfully submitted,
41-26i.:66W A114.
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME
- PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John
oe
123
Nowhere
Street,
City, State,
Zip
nee
asagfi l< 5--;,- Caret let 5063
I
JO,
a.ci
t
L O \Z 5 lv-to
IA" AT tngr‘ s 1
zite,er‘it#19 pa'
a_NeNes Foy- a_
Qei 4
dito
i d
cc.__
DM
at bottG4its-4:a4, "--foix
' 99
W-ettentee,4„
lin 1 S-42-4.41
rob- u-3.-A_Apjaihni--
Lc) vat
kweArtztetelx&.•____t._6; sosfre“1/2
.14-
a
f a YOZ
C- /e Cto//a
.Pio'itdYC
f4lce4o /lc.aE
/.'(
F /ed/7unt
wLiUge,J
fA.
xi
6
Hilo Ji-oF sr.
, esAf,¢YEierE� co
R.,o7C
EAs
,bake
j4derr
�,.....�e
TIMOTHY
vHR�K
-�
�?-v N uNca
c - N ��E �d�4`1 �vD, C o �053�
� �►rik hitco�,
5)ecx )�-4c,�P�( L
55h2Cx
��lOCa4ffic��
2tZS�-
Ct,�iv�
�'�gOSSG'
,lN�►'��SG�
`iT�'}? ���
�
�rh
e s P (varlet(varlet ('c-rtSu/Arm
_ I0(t7 S.
4,x, 5-1---
la
�,l fA aoseo I
\33
atilt__
UN)�
v
A frD teci
ClAr, (1
la � �k.(�,,,�,�1
glat.v L' Se -5 ,._ c U41�
1 u;�,
B t
44anflaki
atirDC
le .-
4Q:- ewe,
flvt‘i
i ‘ ,.
q(04.s-
hoenjukiL Pc -41
cot(2fa
Vi146tIkk
11'144042e i
• C O •e..
J
S•(Oil
rcalt,
raA,
ar
Hello