HomeMy WebLinkAbout20241014.tiffHEARING CERTIFICATION
DOCKET NO. 2024-14
RE: CHANGE OF ZONE, COZ23-0005, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - ROBERT L. SELTZER
FAMILY, LLC
A public hearing was conducted on May 8, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 12, 2024, and duly published March 15,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Robert L. Seltzer Family, LLC, for a Change of Zone, COZ23-0005, from the A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District. Karin McDougal, Deputy County Attorney,
made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location, stated 18 referrals were sent out and 10 agencies responded. She
indicated the site is 60 acres in size and relayed any new businesses on the site will have to
comply with a Site Plan Review (SPR), Use by Special Review (USR), or Zoning Permit. She
stated the site is in an Opportunity Zone, described adjacent zoning and surrounding USRs,
relayed the applicant is the owner of the land to the north and east, and indicated the site is within
the three (3) mile referral area of the Cities of Northglenn, Dacono and Brighton, and Adams
County. She relayed notice was sent to seven (7) surrounding property owners (SPOs), four (4)
letters of objection were received, and she outlined the concerns expressed in said letters. Ms.
Aungst shared, per the Development Review staff, there is a permitted, shared, commercial
access onto County Road (CR) 2, no other accesses are requested, and entered the favorable
recommendation of the Planning Commission into the record, as written. She displayed images
of the site and surrounding views, and in response to Chair Ross, she confirmed the RV storage
facility to the north is owned by the same applicant and was recently re -zoned to C-3 (Business
Commercial).
El Lauren Light, Department of Public Health and Environment, stated Todd Creek Village
Metropolitan District (TCVMD) will provide water for the site and a "will serve letter" was submitted
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2024-1014
PL2909
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY, LLC (COZ23-0005)
PAGE 2
with the application. She indicated a septic system will serve the site unless it does not develop
for a couple of years, then it is possible that TCVMD would provide sewer.
Bob Choate, attorney with Coan, Payton and Payne, LLC, represented the applicant, and in
response to Chair Ross indicated he had not had communication with any of the Commissioners
regarding the application. He displayed a map and described the site and adjacent properties,
reiterated the site is in an Opportunity Zone, and asserted the site is ideal for a commercial
re -zone because of nearby infrastructure, such as two (2) arterial roads, and the services currently
provided, or soon to be provided, by TCVMD. He reviewed the surrounding zoning and
compatibility with the uses on the north (Weld County) side of CR 2 and indicated there is a lot of
development on the south (Adams County) side of CR 2. Mr. Choate addressed the concerns of
SPOs that the Change of Zone to C-3 (Business Commercial) will change the historic nature of
the area, and asserted said change has already happened, due to nearby development. He
relayed commercial development is necessary to support the residential development in the area,
commercial businesses pay a larger amount of taxes to support the area than residential does,
and stated, although the site is on a county line, it is the appropriate place for commercial zoning.
No public testimony was offered concerning this matter.
In response to Chair Ross, Mr. Choate indicated, on behalf of the applicant, he had reviewed,
and agreed to abide by, the Conditions of Approval, as presented.
The Board discussed Conditions of Approval and made no changes.
Commissioner Saine moved to approve the request of Robert L. Seltzer Family, LLC, for a
Change of Zone, COZ23-0005, from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval, as presented. The motion was seconded by
Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:40 a.m.
2024-1014
PL2909
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY, LLC (COZ23-0005)
PAGE 3
This Certification was approved on the 22nd day of May, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
ATTEST: ,,.,d,,,)
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Weld County Clerk to the Board
Deputy Clerk to the Board
Kevi Ross, Chair
2024-1014
PL2909
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