HomeMy WebLinkAbout20230114.tiffHEARING CERTIFICATION
DOCKET NO. 2023-01.B
RE: CHANGE OF ZONE, COZ22-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT — MARTY MATCHETT
A public hearing was conducted on January 11, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem — EXCUSED
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant 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 November 15, 2022, and duly published
November 18, 2022, in the Greeley Tribune, a public hearing was conducted on January 4, 2023,
to consider the request of Marty Matchett, for Change of Zone, COZ22-0003, from the
A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. At said hearing the
Board continued the matter to January 11, 2023, to allow the applicant's representative to be
present. Karin McDougal, Assistant County Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, stated 18 referrals were sent out, 12 agencies responded,
and indicated the end use of the site is an RV and boat storage facility. She cited Weld County
Code, outlining the allowed uses in the C-3 (Business Commercial) Zone District, with a Site Plan
Review (SPR), and the Opportunity Zone criteria. She stated the site is within one -quarter (1/4)
mile of the Great Western Railway (GWR), and adjacent properties are zoned A (Agricultural).
She described the surrounding zoning, subdivisions and uses, recited the nearby SPRs, and
noted there is not a residence on the subject site but there is a 22,000 square -foot screened area
for storage. She explained the site is located within the three (3) mile referral area of the Towns
of Windsor and Severance and the City of Greeley, referenced their referral comments, and noted
the site is also in the Coordinated Planning Agreement (CPA) area of the Towns of Windsor and
Severance, neither of which wish to annex the subject site. She summarized the communication
received regarding this case (1 letter of support, 36 letters of objection, petition in opposition
signed by 194 people), as well as comments made at the Planning Commission hearing. She
relayed the approved Floodplain Permit will allow the applicant to bring fill dirt to the site to raise
the elevation of the ground above the floodplain elevation and shared, per Development Review
staff, access to site is from County Road (CR) 64.5 and future uses will be subject to a SPR
process. Ms. Aungst entered the favorable recommendation of the Planning Commission into the
record as written. In response to Commissioner James, Ms. Aungst explained the storage on the
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east end of the site resulted in a violation, for a non-commercial junk yard in 2019, which has
since been closed by the County Attorney's Office.
Lauren Light, Department of Public Health and Environment, stated the applicant was not
able to get a tap from the North Weld County Water District, therefore, they applied, and were
approved for, a commercial well permit from the Colorado Division of Water Resources. She
explained, if the site is ever developed, the applicant will have to put in a commercial septic system
for sewer.
Ms. Aungst displayed images of the site and surrounding views.
Chair Freeman reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Buck
being excused.
Wade Hill, Hill Land Services, represented the applicant and stated the applicant, at one
point, tried growing hemp and pumpkins on the site but owning no water rights made it difficult to
keep the land agricultural. He asserted the applicant is aware of the concerns of the surrounding
property owners (SPOs) and relayed the applicant will try to address and alleviate those concerns.
He reiterated the fact the site is within 1/4 of a mile of the GWR and in an Opportunity Zone.
Responding to Commissioner Ross, Mr. Hill confirmed the residence to the north is not
Mr. Matchett's residence.
El Judy Firestien, SPO, presented a PowerPoint slideshow (Exhibit AK) and stated the site is
not compatible with the surrounding agricultural land uses. She explained the site's access to the
GWR is only a small portion on the north side of the property, and argued the access is only
200 feet, not the 400 feet referenced in Ms. Aungst's presentation, and relayed trains need a
400 -foot radius, minimum, to turn.
El Kevin Bruckert, SPO, referenced the displayed map and described, indicated the subject site
is completely in front of the residential property to the north. He mentioned the nearby Bracewell
neighborhood, stated the corridor is mostly residential, and asserted the request, if approved,
would constitute Spot Zoning, as the proposed zoning does not align with the surrounding area.
Dr. Dana Christiansen, SPO, relayed she has lived west of, and adjacent to, the subject site
for 21 years. She stated, west of her property, there is an obvious transition to industrial, but east
of her property is all residential/agricultural. She cited Weld County Code Section 22-2-30.C,
Harmonize development with surrounding land uses; Section 23-1-40.A.9, Conserve the value of
property; and Section 22-2-10.B, Respect private property rights.
El Kevin Schumacher, local realtor and the president of the Bracewell Homeowners Association,
stated all homeowners in the Bracewell Subdivision are opposed to the COZ proposal. He
asserted, in 2014 or 2015, there was a similar proposal, in the same general area, that was
denied, due to residential growth in the area. He indicated, since 2015, 14 more homes have
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been built, three (3) additional lots have been approved, and asserted the COZ will have a
negative impact on the values of homes in the area.
ta Kenneth Tigges, SPO, provided the history of Tigges Farms, which is across CR 64.5, south
of the subject site. He cited Code Section 22-2-30.C.3, which reads, "Encourage development
that preserves land for agriculture, rangeland, wetlands, and critical habitats" and stated the COZ
is contrary to this Goal. He provided statistics of the agricultural land lost to development each
year, relayed public food security is at risk, and noted that farmland captures carbon, which, in
turn, helps combat Global Warming. Lastly, he cited Section 22-2-10.A, Respecting our
agricultural heritage, and Section 22-2-30.4.a, the Weld County Right to Farm Statement.
El Kathy Rickart, SPO, stated she has been involved in agriculture her whole life, asserted
farmland supports the economy, and provided statistics for Weld County's national ranking in
agricultural production from 2003 to present. She spoke about agritourism, citing the Colorado
Tourism Office, which ranked tourism as #2 (behind oil and gas) in economic impact, with
agriculture ranking #1 in Weld County. She relayed the Discoverweld.com website mentions
Tigges Farm, Von Trotha—Firestien Farm and the Poudre Learning Center, all of which are within
two (2) miles of the proposed COZ and provided the number of visitors to Tigges Farm in 2022.
In response to Commissioner James, Ms. Rickart confirmed her home is immediately north of the
proposed site and confirmed there is an Access Agreement in place with Mr. Matchett.
El Larry Rogstad, Interim Director of the Poudre Learning Center (PLC), indicated the PLC is
within one-half (.5) mile of the subject site and hosts approximately 37,000 students per year for
learning activities. He relayed the PLC is working to establish an astronomical center, on the
northern part of their property, and requested the Dark Sky Policy be included as a Condition of
Approval, if the application is approved.
'' Jack Rickart stated he is a high school junior who works and fishes at Tigges Farm. He
submitted a statement (Exhibit AL) signed by his teachers regarding his participation in the
hearing. He discussed the impacts of having a commercial operation across the street from
Tigges Farm and provided a breakdown of where the signatures, collected on the petition
opposing the COZ, came from. Commissioner Ross thanked Mr. Rickart and all of the public,
present at the hearing, for coming to speak.
IR Lewis Lowe, SPO, expressed opposition to the COZ, with reasons including the importance
of maintaining agriculture and increased crime.
El Carol Lowe, SPO, opposed the COZ, citing her right to restful habitation.
El Mr. Hill stated the applicant has a strong respect for agriculture, reiterated the applicant's
attempt to keep the land agricultural and noted the applicant granted a Access Agreement to the
Rickarts, at no cost to them. He asserted the site meets the criteria of the Weld County
Comprehensive Plan and is in an Opportunity Zone. In response to Commissioner James, Mr. Hill
affirmed the property did not have water when Mr. Matchett purchased it, explaining he leased
water when he attempted to grow crops and Ms. Aungst indicated the 1-2 (Medium Industrial)
Zoning to the west has been in place at least 10 years. Responding to Commissioner Ross,
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Ms. Aungst indicated she had measured the northern portion of the site incorrectly and confirmed
it is adjacent to GWR for 200 feet, not 400 feet. Ms. Aungst explained the access off CR 64.5 is
for the subject property, as well as the property to the north, via the Access Agreement granted
by Mr. Matchett, and at Commissioner Ross's request, Ms. Aungst re -read the allowed uses in
C-3 (Business Commercial) Zoning. She then confirmed for Commissioner Saine that RV storage
is not an allowed use in the A (Agricultural) Zone District.
Commissioner James stated the Opportunity Zone suggests compatibility but does not imply
or guarantee compatibility, and responding to Commissioner James, Mr. Hill relayed the applicant
does not intend to utilize the railroad. Chair Freeman clarified the intent of the Weld County Right
to Farm statement, and indicated that Weld County Code dictates, if the proposed COZ meets
the requirements of the Code, the Board "shall" grant the Change of Zone. Commissioner James
questioned the compatibility of the proposed Zone District and identified the limitations of the
property, due to the short length of access to the railroad. Commissioner Ross stated commercial
and industrial zoning are preferred for an Opportunity Zone, but not required, and although there
is Industrial zoning in close proximity, the subject site is surrounded by Residential uses.
Commissioner Saine echoed concerns of compatibility and Commissioner James empathized
with the applicant needing to extract a use out of the property, but asserted
C-3 (Business Commercial) Zoning may be excessive.
El Marty Matchett, applicant, described an interaction with the SPO to north when he was
running a disc on his property, which created dust, asserting she was unhappy with him farming.
He also questioned why those same SPOs built their home so close to the adjoining property line,
rather than further back on their 13 -acre property.
El Commissioner James expressed he does not believe the COZ request is compatible with the
surrounding land uses and Commissioners Saine and Ross agreed with him.
El Commissioner James moved to deny the request of Marty Matchett for Change of Zone,
COZ22-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District, which was seconded by Commissioner Ross. The motion passed three (3) to one (1),
with Chair Freeman being opposed. There being no further discussion, the hearing was
completed at 11:25 a.m.
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HEARING CERTIFICATION - MARTY MATCHETT (COZ22-0003)
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This Certification was approved on the 25th day of January, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datscoo W XGto:t1
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
EXCUSED
Perry . Buck, Pro-Tem
Scott K. James
7c--_ n
Kevin D. Ross
Lori Saine
2023-0114
PL2851
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