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HomeMy WebLinkAbout20230743.tiffHEARING CERTIFICATION DOCKET NO. 2023-19 RE: CHANGE OF ZONE, COZ22-0014, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER A public hearing was conducted on March 22, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick 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: =+ I hereby certify that pursuant to a notice dated February 15, 2023, and duly published February 17, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request of George L. Sandberg Irrevocable Trust, c/o Jeff Winter, for a Change of Zone, COZ22-0014, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, described the sign posting and location of the proposed site, and stated 17 referrals were sent out, nine (9) responded without concerns or included conditions that have been addressed through Development Standards (DS) or Conditions of Approval (COA), and eight (8) did not respond. She described the criteria for a COZ in an Opportunity Zone and supporting findings for approval of the request, as well as surrounding zones and uses. Ms. Aungst stated the proposed site is located within the three (3) mile referral area of the City of Evans and the Towns of LaSalle and Gilcrest. She relayed the City of Evans stated no concerns on their referral agency comments, the Town of LaSalle indicated all activity outside of an enclosed building must be screened from the adjacent right-of-way and any change or expansion of the Use will require a Site Plan Review, and the Town of Gilcrest did not submit comments. She explained the subject site is located within the Coordinated Planning Agreement (CPA) boundaries for the City of Evans and Town of LaSalle, the municipalities were sent a Notice of Inquiry (NOI), the City of Evans replied that the site is outside of the City's Future Growth Boundary and they are not interested in annexation, and the Town of LaSalle stated the applicant shall consider annexation at the time they become eligible. She stated the proposed site is located on the southwest corner of the Comprehensive Map for the Town of LaSalle, and the furthest point to the southwest is labeled as a possible switching station location. She shared, per the Development Review staff, the parcel has two (2) Cc' PL CT? /NW /AA) O4 /21 /23 2023-0743 PL2466 HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER (COZ22-0014) PAGE 2 permitted access points onto CR 46, which is a local gravel road with 60 feet of right-of-way that is considered adequate for the COZ request. She referenced Resolution #2022-0674, which is a Crossing Closure and Maintenance Agreement between Weld County and the Union Pacific Railroad to permanently close the at -grade public road crossing for CRs 46 and 35, which intersection is currently being utilized by most of the customers and employees of the businesses. She stated the applicant is aware of the Agreement and how the re -alignment could affect the drainage of the subject site. Ms. Aungst stated staff sent Notice to ten (10) surrounding property owners (SPOs), and one SPO stated his concerns about traffic. She stated the proposed site is located within an Opportunity Zone, which is the preferred site for rezoning to Commercial and Industrial, and any commercial/industrial Uses would have to be approved through a Site Plan Review or Use by Special Review process. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Ei Lauren Light, Department of Public Health and Environment, stated the Central Weld County Water District provides water, and a septic system is permitted for office/warehouse use for the existing offices. She further stated several notes for the plat are recommended which address water and sewer provisions. Jeff Winter, applicant, stated the request for a COZ is to update the existing Use by Special Review permit. '` No public testimony was offered concerning this matter. The Board reviewed the Conditions of Approval, and no changes or corrections were made. El In response to Chair Freeman, Mr. Winter indicated he had reviewed, and agreed to abide by, the Conditions of Approval, as presented. Commissioner James moved to approve the request of George L. Sandberg Irrevocable Trust, c/o Jeff Winter, for Change of Zone, COZ22-0014, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) 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 Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:46 a.m. 2023-0743 PL2466 HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER (COZ22-0014) PAGE 3 This Certification was approved on the 5th day of April, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtdr44) � . .,,Gto%tk Weld County Clerk to the Board BY: \) eputy Clerk to the oard Miles-Fre man, Chair EXCUSED DATE OF APPROVAL Scott K. James _ Lori Saine 2023-0743 PL2466 ATTENDANCE LIST 3-222-'-5 De.(Jer (( b eat StAii, `v, ®/ ✓Zi y p ,, e•4,-/ bevd.e%u`/,eh /,co , 36 V'6 0437 co ziz u-Lict /9/CAle7 n7, - z aln1, (nIL.". 11:4 ,O3 /9(76 w & 76 (9-15lf C .'%, ur J 4rjL--t 0 P IN (YIN)? Iv N6 NU Vey 496 2a (vkcn JQfvum 4. at tA u of 1 l T� (1.7;1,4 lot,/ AC9 1/4g_7 (60%, CR '7( g I (f CP "ni 6* - g5 -7,f y ea_ 3:3 r, LJ�L tV X17 E,LA 1, *3 (-71",,,,, /1t ��. )71S ( L6 44 St/lc Cry \TAG CtgLt E�cD Weld Loa, y Hello