HomeMy WebLinkAbout20250173.tiffHearing Certification
Docket No. 2025-03
Board of County Commissioners
Weld County, Colorado
Change of Zone, COZ24-0006, from the A (Agricultural) Zone District to the I-1
(Light Industrial) Zone District — ACM ALF VIII JV SUB I, LLC
A public hearing was conducted on January 22, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross
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:
El I hereby certify that pursuant to a Notice dated December 6, 2024, and duly published
December 11, 2024, in the Greeley Tribune, a public hearing was conducted to consider
the request of ACM ALF VIII JV SUB I, LLC, for Change of Zone, COZ24-0006, from the
A (Agricultural) Zone District to the I-1 (Light Industrial) 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, the general location of the site, stated 17 referrals were sent out, and nine (9)
agencies responded. She relayed there are currently eight (8) parcels, broken up into
ten (10) different taxing districts, totaling approximately 410 acres. She indicated the
applicant submitted a Lot Line Adjustment, LLA24-0033, to combine all parcels into
one (1) lot, which has been conditionally approved by staff. She described the
surrounding land uses as rural residential and agricultural with 14 Use by Special Review
(USR) Permits within one (1) mile of the site. She stated notice was sent to 27 surrounding
property owners (SPOs), in turn Planning staff received four (4) letters of support and
two (2) letters of objection, with concerns, which she outlined for the record. She relayed
the site is located within the three (3) mile referral area of the Cities of Fort Lupton and
Brighton, indicated the City of Brighton is opposed to the COZ, read their referral letter,
and relayed Weld County does not have an Intergovernmental Government Agreement
(IGA) with the City of Brighton. She shared, per the Development Review staff, frontage
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for the property is on County Road (CR) 21, access will be determined at the Site Plan
Review (SPR) stage, and any future commercial or industrial uses will have to be
approved through a SPR, USR, or a Zoning Permit. Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed
images of the site and surrounding views, including an image that showed four (4) recently
approved zone changes to the C-3 (Business Commercial) Zone District.
El In response to Commissioner Maxey, Ms. Aungst redisplayed an image and clarified
where the letters of objection and support came from, asserting the letters of support
came from the owners of the subject parcel. Responding to Commissioner Peppler's
question regarding agricultural land of statewide importance on the parcel, Ms. Aungst
read from the Natural Resources Conservation Services (NRCS) Soil Survey, and
indicated approximately 15 acres of such land would be removed from production.
Commissioner James cited Section 23-2-40.B.4, regarding access and Mike McRoberts,
Department of Planning Services - Development Review, reiterated access will be
reviewed at SPR stage. There was discussion among the Board regarding the language
in Section 23-2-40.B.4, and how it relates to potential, future uses.
le Dawn Anderson, Department of Public Works, stated an Improvements Agreement
at the COZ stage makes the applicant aware of potential, future road improvements
needed to make the roadway adequate, depending on the future use.
Ei Lauren Light, Department of Public Health and Environment, stated the Todd Creek
Village Metropolitan District (TCVMD) will provide water and sewer services and a
conditional Will Serve letter had been received.
El Addressing Commissioner Peppler's previous question regarding prime farmland,
Ms. Aungst displayed an image that showed where on the site that land was located and
clarified for Commissioner Maxey that the other land on the parcel is designated as prime
if irrigated/drained.
Matt Hengel, Westside Property Management Company, represented the applicant,
and in response to Chair Buck, indicated he had not had contact with any of the
Commissioners regarding this case. He displayed a PowerPoint presentation (Exhibit D)
and stated the site is historically known as the "Rule Feed Lot." He provided company
information, the general location of the site, the proximity to surrounding municipalities
and the history of the property, which consisted of agriculture and oil and gas operations.
He explained the improvements they had made to the site, including cleaning up illegally
dumped items, plugging and abandoning all oil and gas wells, removing electrical lines,
and the demolition of the majority of the existing structures. He described the desired
future occupants as Fortune 500 companies with warehousing and light industrial
operations, discussed access, and stated the site is one-half mile (1/2) mile from three (3)
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different Weld County Opportunity Zones. He indicated a neighborhood meeting took
place on July 24, 2024, and several individual conversations had taken place as well. He
outlined ways the COZ will support the area, explained the site selection process,
mentioned the site was in an Enterprise Zone and noted he had spoken with the SPOs to
the north of property about possible, additional mitigation measures.
Responding to Commissioner James, Mr. Hengel stated the Enterprise Zone was
brought to their attention by Upstate Colorado and Ms. Aungst relayed it is the Brighton
Enterprise Zone and clarified the allowed uses in the I-1 (Light Industrial) Zone District.
Mr. Hengel stated annexation into the City of Brighton is not a viable solution, as they are
not able to provide the municipal services needed. In response to Commissioner Maxey,
Ms. Aungst confirmed Adams County, to the south, did not return a referral response and
Mr. Hengel relayed a few families from Adams County attended the community meeting.
Responding to Commissioner James, Mr. McRoberts relayed Adams County maintains
that particular section of CR 2 and Weld County has a Memorandum of Understanding
with them. Mr. Hengel explained who provided letters of support for the COZ and clarified
where those people live.
El Joe, Allana and Dillon Reider, SPOs north of site, stated they are opposed to the
COZ. Mr. Reider explained the applicant owns other land around the subject site and they
are concerned the applicant will eventually request similar COZs for the other parcels. He
noted Weld County is a Right to Farm county and expressed concern over existing
conditions on the subject site, such as vandalism at the substation, illegal dumping and
homeless individuals. Mrs. Reider stated the COZ will change their way of life and
asserted the surrounding area is not just industrial, but homes to the north and south. She
requested some type of mitigation to prevent light pollution and mentioned if the applicant
eventually develops the site to the west, their mountain view will disappear behind
three (3) -story buildings. Dillon Reider stated his home is adjacent to the subject site, his
family has lived on their land for 20+ years, and he just finished building his home two (2)
years ago. Mrs. Reider requested a buffer/barrier between them and the subject site, and
in response to Commissioner Maxey, she stated her other concerns were blowing trash,
safety, dumping, break-ins, lighting, and traffic. Mr. Reider expressed he would prefer an
earthen wall for privacy, versus a fence, and Commissioner Ross relayed those requests
would not be considered until a later time when the site is developed.
Spencer Rule, previous owner of the subject site, stated he supported the COZ. He
relayed it has no use as farmland, due to the lack of water, and the applicant had proven
their intent to improve the property.
Chair Buck called for a five (5) minute recess.
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El The Board reconvened and Mr. Hengel addressed public comment, stating they want
to be good neighbors and are willing to consider larger setbacks, landscaping, and/or a
fence. He relayed the site will be fully fenced and have manned security onsite at all times.
Commissioner James expressed his frustration with the lack of public process for a
SPR and asserted the SPO comments from this hearing should be carried through to
SPR process, when that time comes. He speculated criminal activity will reduce as
development occurs and stated Weld County embraces it's Right to Farm statement, but
that has to be considered in conjunction with a landowner's Private Property rights.
Ms. Aungst clarified for Commissioner Maxey that the language in Condition of
Approval (COA) #2.I.2 (The operation shall comply with all applicable rules and
regulations of the state and federal agencies and the Weld County Code) is standard
language and does not refer to current operations, rather, that Weld County expects the
applicant to comply with such, when development does occur. The Board made no
changes to the COA.
El In response to Chair Buck, Mr. Hengel indicated he had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval, as presented.
EJ Commissioner Ross moved to approve the request of ACM ALF VIII JV SUB I, LLC,
for Change of Zone, COZ24-0006, from the A (Agricultural) Zone District to the I-1 (Light
Industrial) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval, as presented and the motion was
seconded by Commissioner James. Commissioner Maxey stated the closest COZ is
one-half (1/2) mile away, is zoned commercial, and noted the closest industrial zoning is
two (2) miles east. He cited Code Sections 23-2-40.B.2 and 23-3-10, and stated he did
not believe the COZ was compatible with the surrounding area. Upon request for roll call,
the motion passed on a three (3) to two (2), vote with Commissioners Maxey and Peppier
being opposed and the hearing was completed at 11:42 a.m.
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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 5th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0173
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