HomeMy WebLinkAbout20242508.tiffHEARING CERTIFICATION
DOCKET NO. 2024-51.A
RE: CHANGE OF ZONE, COZ24-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT — WW, LLC
A public hearing was conducted on September 18, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair — EXCUSED
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
Department of Planning Services, Development Review, Melissa King
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13, 2024, and duly published August 16,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
WW, LLC, for Change of Zone, COZ24-0002, 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, and
described the sign posting and location of the site. She shared 16 referrals were sent out, eight
(8) agencies responded without concerns or included conditions that have been addressed in the
Conditions of Approval (COA), and eight (8) referral agencies did not respond. She provided a
history of the property and USR application, and explained denial of this USR request was
recommended by staff and the Planning Commission and reviewed the findings for denial. She
stated, in 2019, the applicant submitted a Substantial Change in order to proceed with a Planned
Unit Development (PUD) with both residential and commercial uses on the same property, which
was approved on September 8, 2019. She explained the PUD application was never submitted
and the property is currently vacant. She relayed the requirements of the Comprehensive Plan
concerning Urban Scale Development, specifically where Urban Services, including public water,
are available, and relayed Todd Creek Metropolitan District will provide water and sewer to the
site. Ms. Aungst stated this property is partially located within a Weld County Opportunity Zone,
and she provided a definition for the record. She described the surrounding properties, their
zoning, and the surrounding uses. Ms. Aungst relayed there are nine (9) properties adjacent to
the site and located in Weld County; eight (8) are zoned A (Agricultural), and one (1) is zoned
C-3 (Business Commercial). She explained there are 14 USRs within one (1) mile of the site,
which were described. She relayed the referral responses and explained Adams County referral
indicated the lots south of East 168th Avenue, also known as County Road (CR) 2, have a future
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land use designation of Residential Low, which is intended for suburban and exurban areas in
Adams County, thus this proposal is not consistent with the Adams County Comprehensive Plan.
She explained the Department sent Notice to 12 surrounding property owners (SPOs), five (5)
responded with objections, including increased traffic, eliminating agricultural land, visual impacts,
noise and odors from non -specified commercial operations, uncertainty of what can be built, and
decreased property values. Ms. Aungst explained there are two parcels adjacent to, and north of,
the subject property which utilize the access easement from CR 2, and the owner is concerned
rezoning could violate a recorded access agreement. She described the Access and Utility
Easement, which is for the benefit of two smaller lots and provides ingress/egress, as well as a
utility easement. She shared, per the Development Review staff, the applicant shall obtain a
commercial access permit, which may include reconfiguring the existing access permits. She
further stated the parcel has an existing shared access onto CR 2, which is for residential use,
the applicant shall obtain a commercial access permit for this location, which may include
upgrading the access to meet commercial standards. She relayed CR 2 is a paved road,
maintained by Adams County. Ms. Aungst stated the recommendation of approval is based upon
Findings of substantial change in this area since 2020, and compatibility with three other Change
of Zones in close proximity, COZ22-0010, COZ23-0002, and COZ23-0005, which all had
recommendations of approval from staff. She stated CR 2 does not have turn lanes, has been
paved, and is no longer in a state of disrepair. Ms. Aungst entered the favorable recommendation
of the Planning Commission into the record, as written, and displayed images of the site and
surrounding views.
Lauren Light, Department of Public Health and Environment, explained Todd Creek Village
Metropolitan District will provide water and sewer services, and a Will Serve letter for water was
included with the request. Additionally, the sewer letter was provided after Environmental Health
had already submitted its referral, so the plat notes will need to be updated. She stated there are
no further items or concerns for the request.
Chadwin Cox, Western Engineering Consultants, Inc., LLC, represented the applicant,
reviewed the reasons for the rezoning request, and provided additional history of the subject
parcel. He stated the 71 -acre site is predominantly covered by the Opportunity Zone, spoke about
the neighbors' concerns, and addressed the traffic on CR 2 from CR 19, stating the two roadways
are the highest classification of CRs as arterial roads, in anticipation of continued growth. He
reiterated Todd Creek Water and Sanitation will provide the sewer service and explained there
are no issues upgrading the existing access onto CR 2. Mr. Cox stated there is significant
screening and berming on all four sides of the property, and spoke of the surrounding properties
and current land use activities in the area. He addressed Todd Creek PUD to the south in Adams
County, which is planned as low density residential, and stated the proposed zone change is
consist with the vision of the County. He explained the applicant's intent to utilize the five (5) acre
storage yard, which is already screened and fenced, for a construction project/storage yard,
understanding a Site Plan Process is required for subsequent uses.
El Deputy County Attorney, Karin McDougal, reviewed the procedures to follow should this case
result in a tie vote due to four Commissioners being present and Chair Ross being excused.
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' _= In response to Commissioner James, Mr. Cox explained the recorded easement occurred at
the time the Recorded Exemption created the lot to the north, or at the closing of the sale of the
property to the current owners/applicants. He stated the recorded easement is for a 30 -foot
access which feeds the two residences to the north. Ms. Aungst displayed an arial slide depicting
the easement location, confirming to Commissioner James the easement is the north/south line
which runs through the property.
In response to Commissioner James, Melissa King, Planning Services - Development Review
representative, explained during the platting of Recorded Exemption, RECX16-0076, a 30 -foot
access and utility easement, which met code, was created but subsequently an access and utility
easement was created and recorded as a separate document, which provided access to northern
parcels, thereafter, an access permit was obtained for shared access onto CR 2, which is what
currently exists, and is recorded.
El Fred Otis, Attorney represented five (5) surrounding property owners (SPOs), provided a
history of the property, explained the original USR had limited uses, which was denied in 2016 by
the Planning Commission and the County Commissioners, based on findings of incompatibility
with existing, surrounding land uses. He explained there were no turn lanes on CR 2, which
remains the case today. Mr. Otis relayed the applicant submitted a Planned Unit Development
(PUD) application, in 2019; however, the plan was never pursued. He explained the C-3 (Business
Commercial) zoning, which is the current request, has no boundaries. He stated CR 19 is a
dead-end road and terminates at the boundary of Adams County and it also serves as a private
easement road, which he believes makes it less appropriate for commercial development. He
explained the property in question is currently zoned A (Agricultural), which does allow for many
uses. Additionally, he stated CR 2 is maintained under the jurisdiction of Adams County; therefore,
any uses would require their approval. He referenced a copy of the Adams County Referral which
states the request does not fit into their Comprehensive Plan. Mr. Otis referenced a list of potential
Uses by Right, and explained the building is outside the Opportunity Zone, which he believes is
arbitrary. He further stated the change of zone should meet the criteria of Chapter 23 of the Weld
County Code; however, he asserted nothing on the property has changed since 2016.
El Commissioner Freeman explained there are some differences since 2016, due to the
Comprehensive Plan and the Opportunity Zone, stating the neighboring property is now zoned
C-3. He further stated C-3 zoning does not automatically allow the list of uses approved, without
a Site Plan Review, which is where staff reviews the proposal for compatibility with the area.
Mr. Cox disagreed with Commissioner Freeman's statement, and asserted the zoning establishes
the Uses Allowed by Right. Commissioner Freeman explained there is a difference between a
Change of Zone and the administrative approval of the Site Plan Review. Ms. McDougal
confirmed the public hearing is to determine zoning, not specific future uses, although there is a
list of uses which could be allowed. Commissioner Saine stated the half circle Opportunity Zones
do not make sense to her, but supported the statement of Mr. Otis is correct in his statement of
the regarding compatibility of the area. In response to Commissioner James, Mr. Otis reiterated
his opinion that all of the uses listed in a C-3 zone are permitted. There was further discussion of
what is the largest determination of compatibility — Use or Zone. Commissioner Freeman
commented the adjacent property has the option for the same uses, if approved through the permit
process.
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Rusty Knels, SPO, stated Mr. Walker did not reach out to SPOs for comment or input. He
described the uses of properties situated near the existing C-3 zoning, two of which are owned
by the applicant of the subject site in question, and he asserted the impact is permanent.
Mike Sedio, SPO, stated when he purchased his property all the surrounding properties were
zoned A (Agricultural). He explained improvements have been made to his property, described
the surrounding views which will be impacted by the future allowed uses, and noted 88 percent
of the surrounding properties are zoned for Agricultural/Residential use.
" Jeffry Korbe, SPO, stated there is a downplay on the impact of residents in the area from
CR 17 to CR 19 and from CR 2 to CR 4, stating over 30 residents live in the area. He spoke of
the definition of an arterial road, stating the new surface of CR 2 is the only change of the roadway.
Mr. Korbe indicated the one commercial property that has been approved is only 11 acres in size.
Commissioner Freeman explained Weld County only has two (2) lane roads, which are arterial,
and the difference is the amount of traffic, not the number of lanes.
David Campbell, SPO, expressed his concerns related to traffic, access, and noise. He also
spoke concerning the access onto the site from CR 2, which was denied for the owner of the
11 -acre parcel, due to the proximity of the intersection, thus, he is concerned the two properties
will attempt to utilize the same access.
Steve Teets, Greeley resident, inquired about the residents across the road in Adams County,
and stated he believes the area should remain agricultural.
• In response to Commissioner Saine, Diana Aungst confirmed there is not a Coordinated
Planning Agreement with Adams County; however, there is an Intergovernmental Agreement
(IGA) with Adams County to maintain CR 2, and she reiterated staff's recommendation for
approval is based on the other zoning in the area.
• Robert Moreli, SPO, stated he is the owner of commercially zoned property, which he
described, and expressed his opposition to the request in support of his neighbors to keep the
area zoned A (Agricultural).
• Shirley Bodeveau, SPO, expressed her views in opposition of the request and how the
property values will be affected, and stated horse stables and junk storage are not considered
commercial.
CO Mr. Cox explained the applicant has no issues with the existing access and maintaining it for
the residents to the north, since the easement cannot change and there are no proposals to
modify the easement agreement. He spoke about the Adams County Comprehensive Plan, which
depicts the area south as low density residential, and the current Land Use application being
presented to Adams County contradicts their Comprehensive Plan. He stated development has
changed the area dramatically and there needs to be balanced management of that growth. He
stated Adams County supports residential growth across the street, explaining the horse ranch is
a commercial business as their website depicts. He stated CR 19 is a dead-end road, but there
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HEARING CERTIFICATION - WW, LLC (COZ24-0002)
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were plans for it to extend south into Adams County. He relayed there is a 2019 joint study with
Adams County and Weld County that shows CR 2 as a four (4) lane road, stating there has to be
a vision. Mr. Cox expressed his agreement with the intent of the half circle Opportunity Zones,
which depict a broad vision for the area. He stated letters sent out to the SPO's, but there has
been response, and he agreed traffic conditions are not desirable; however, development is part
of the process of improving things. Mr. Cox stated Weld County went through a lot of effort to
amend the Comprehensive Plan, changed the Zoning Code and established the Opportunity
Zones, and now it should be adhered to.
Ralph Walker, applicant, stated a neighborhood meeting was scheduled early in the process
and only a couple people from Adams County attended. He relayed the SPOs met on their own
and didn't want to be a part of a joint meeting. He narrated a PowerPoint presentation, provided
additional history of the property, explained the 30 -foot wide easement is recorded. He explained
berms were built on his property to block the view from the closest neighbors to the site and
described surrounding uses and businesses. He stated the Kennisons sold him the building and
the land, but don't want him using them. He further stated the Vestas location is built in a Heavy
Industrial Zone, not a C-3 Zone, and reiterated this is not a request for a Heavy Industrial Zone.
Mr. Walker committed to being a good neighbor, with the intent to utilize his property as a base
of operations. Commissioner Saine stated she understands the applicant's intent to gain the
highest and best use of his land; however, she also recognizes certain incompatibilities with the
neighboring residential properties. She expressed her belief in the arbitrary and capricious
placement of Opportunity Zones.
In response to Chair Pro-Tem Buck, Mr. Cox indicated they have reviewed, and agreed to
abide by, the Conditions of Approval, as presented.
The Board discussed the Conditions of Approval (COA), Lauren Light requested deletion of
COA #1.E.8 and #1.E.9 related to water and sewer, and adding "and sewer" after water on COA
#1.E.7. The Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval.
in Commissioner Saine stated she would have preferred to see more communication with the
SPOs, stating compatibility is an issue. Commissioner Freeman stated growth is ongoing in Weld
County, and the applicant has gone above and beyond, which does show compatibility. He also
disagreed with Adams County contesting the use, despite a large oil and gas pad across the road.
Commissioner James explained Section 22-4-10 of the Weld County Code explains how
Opportunity Zones work, and noted they were created through a public ordinance process with
three readings to allow for public input. He further elaborated on how he is now unsure if this
request fits into the Opportunity Zone. Commissioner Freeman stated CR 13 is maintained by
both Adams County and Weld County, and any improvements are a joint operation between the
two counties. Commissioner James stated the Code states there are five (5) criteria by which to
approve a Change a Zone, and there was discussion as to views on which is the larger indicator
of compatibility, land use or zoning? Chair Pro-Tem Buck commented the number of individuals
in opposition is unfortunate. Commissioner Saine stated there are Opportunity Zones on
U.S. Highway 85 and Interstate 25, which are obvious, and she believes random half circle
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HEARING CERTIFICATION - WW, LLC (COZ24-0002)
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Opportunity Zones are arbitrary and capricious. Karin McDougal clarified there is a difference
between compatibility and whether or not an opportunity zone is arbitrary and capricious. There
was additional discussion among the Commissioners regarding the roadways and the list of uses
in an Opportunity Zone.
Commissioner Freeman moved to approve the request of WW, LLC, for a Change of Zone,
COZ24-0002, 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 amended. The motion was seconded by Commissioner James. Upon
a roll call, Commissioners Freeman and James voted in support, and Commissioners Buck and
Saine voted in opposition, resulting in a tie vote.
Commissioner James moved to continue the matter to October 2, 2024, at 10:00 a.m., to
allow Chair Ross adequate time to review the case file and audio/visual recording of the hearing
and make the deciding vote. The motion was seconded by Commissioner Freeman, and it carried
unanimously. There being no further discussion, the hearing was completed at 1:48 p.m.
This Certification was approved on the 2nd day of October, 2024.
BOARD OF COUNTY COMMISSIONERS
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EXCUSED DATE OF APPROVAL
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