HomeMy WebLinkAbout20230628.tiffHEARING CERTIFICATION
DOCKET NO. 2023-17
RE: CHANGE OF ZONE, COZ22-0012, FROM THE A (AGRICULTURAL) AND 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT -
SUNSET INDUSTRIAL, LLC
A public hearing was conducted on March 8, 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, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 23, 2023, and duly published
January 25, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request
of Sunset Industrial, LLC, for a Change of Zone, COZ22-0012, from the A (Agricultural) and
1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District. Karin McDougal,
Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting and location of the site, and stated the property has a split zone district,
A (Agricultural) to the north, and 1-3 (Heavy Industrial) to the south. He stated the Change of Zone
(COZ) site is located within the three (3) mile referral area of the Cities of Greeley, Evans, Garden
City and Town of Kersey. The City of Greeley's referral contained advisory comments for future
development and no concerns with the request, stating the subject site is located within the City
of Greeley's Long Range Expected Growth Area, in which the City anticipates annexation and
urban development to occur in the future, and if the site were annexed, any development would
be required to follow the Municipal Code criteria. He shared the City of Evans and Town of Kersey
expressed no concerns, Garden City did not respond to the referral, and the City of Greeley Fire
Department also expressed no concerns. Mr. Ogle described the surrounding land zones and
Uses, being largely mining of aggregate materials. He stated the property, on the 2017 map, has
been identified by the City of Greeley as viable for future employment industrial development,
open space and special districts. He stated, with the applicant applying for Industrial Zoning, the
property would be compliant with the intent of the Greeley Comprehensive Plan and Future Land
Use Map, and the site is also located within a Weld County Opportunity Zone, per the
Comprehensive Plan Map, which is an area where annexation to municipalities is encouraged.
He explained Section 22-2-30.B.1 encourages annexation of Urban Scale Development;
however, property owners who want to rezone or subdivide their property are encouraged to
Pl.(TP/MIJ/v.)
o3 /31 /23
2023-0628
PL2860
HEARING CERTIFICATION - SUNSET INDUSTRIAL, LLC (COZ22-0012)
PAGE 2
contact the municipality about annexation. Mr. Ogle shared the City of Greeley referral contained
advisory comments; however, they did not request annexation. He stated the property owner has
requested a COZ on approximately an 86 -acre property, and any new business will require a Site
Plan Review or Use by Special Review Permit for any development activity. He entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views.
El Lauren Light, Department of Public Health and Environment, relayed there are four (4)
residences located on the property, and all but one will be removed, with the remaining one being
used as a caretaker's dwelling, served by the North Weld County Water District. She noted there
is a septic system that is not documented, which will be required to be documented, prior to
recording the plat. She stated Environmental Health recommended several notes for the plat
related to water and sewer, and they have no other items for the request.
J.C. York, J and T Consulting, Inc., represented the applicant, and reiterated the location of
the property, explained the applicant's reason for the COZ request, reviewed the zoning of
adjacent properties, referenced the Opportunity Zone, and explained they would like the same
zoning on the entire property.
=, No public testimony was offered concerning this matter.
!' The Board reviewed the Conditions of Approval and accepted the draft Resolution as
presented.
In response to Chair Freeman, Mr. York indicated they have reviewed, and agreed to abide
by, the Conditions of Approval, as presented.
Commissioner James moved to approve the request of Sunset Industrial, LLC, for a Change
of Zone, COZ22-0012, from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the
1-3 (Heavy Industrial) 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 10:11 a.m.
2023-0628
PL2860
HEARING CERTIFICATION - SUNSET INDUSTRIAL, LLC (COZ22-0012)
PAGE 3
This Certification was approved on the 22nd day of March, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:, N w xL;,i
Weld County Clerk to the Board
eputy Clerk to the Board
Mike Freeman, Chair
2023-0628
PL2860
ATTENDANCE LIST
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