HomeMy WebLinkAbout20230101.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONE
Moved by Sam Gluck, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION
COZ22-0003
MARTY MATCHETT
ETT
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT
LOT B RE -4193: BEING PART OF THE SE4NW4 SECTION 30, T6N, R66W OF
THE 6th P.M., WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 64.5: APPROXIMATELY 0.55 MILES
EAST OF CR 23.75.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code. as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-4-10.A.1. the Comprehensive Plan Map section refers to one of the two main components
for siting preference of rezonings and subdivisions. Specifically, that areas of opportunity for
commercial and industrial development are logically developed based on transportation infrastructure
of roads and railroads.
The subject property is •L' shaped with the top 400 feet adjacent to the Great Western Railway track.
Although the adjacency to the railroad track is limited, rezoning to commercial or industrial provides a
larger variety of future uses that may benefit from the railroad track.
There are two (2) parcels to the west which are zoned industrial. The property approximately 375 feet
to the west of the subject property is annexed into the City of Greeley and is zoned I -M (Industrial
Medium Intensity) which, when developed, would provide employment, manufacturing and
distribution uses and a moderate scale, intensity and format, that is more compatible with high -
intensity commercial uses that require a moderate degree of vehicle and freight access from arterial
streets, highways or rail corridors. This property is currently vacant land. The properties
approximately one -quarter (0.25) mile west of the subject property are zoned 1-3 (Heavy Industrial). A
Site Plan Review application has been approved on the northern property (SPR18-0011) and
conditionally approved on the southern property (SPR21-0007). These heavy industrial properties are
utilized for transloading facilities and are both owned by GWIP, LLC (Great Western Railway).
Section 22-4-10.8.1, the Weld County Opportunity Zone criteria states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one -quarter
mile of railroad tracks.
The property is located within one -quarter (1/4) mile of the Great Western Railway track which places
it within the Weld County Opportunity Zone, therefore, this site is in one of the select areas delineated
by the Weld County Comprehensive plan for rezoning to commercial or industrial.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses.
The zoning on all adjacent properties is A (Agricultural). The Whitney Ditch Company owns a thirty
(30) foot irrigation easement is located along the norther perimeter of the site. This irrigation
easement has water in it from April to September. There are single-family dwellings on all the
surrounding properties except the one on the north side of the railroad track. The residence to the
north is between the subject property and the railroad track. USR-1657 for a gravel pit, owned and
operated by Martin Marietta Materials, Inc., is located southwest of the site and 2Amended USR-
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MARTY MATCHETT
PAGE 2
1125 for a gravel pit is located south of the site but this gravel pit has been reclaimed Bracewell, an
eleven (11) lot subdivision zoned PUD with E (Estate) Zone uses, is located southeast of the site and
Hillcrest Estates, a five (5) lot subdivision with an E (Estate) Zoning, is located north of the railroad
tracks, northwest of the site The subject property contains a 22,000 screened square foot storage
area for vehicles and equipment
The property Is `L' shaped and top 400 feet of the 'L' is adjacent to the Great Western railroad It is
also located within the North Greeley Rail Corridor Subarea, and the Weld County Opportunity Zone
The North Greeley Rail Corridor Subarea Plan was incorporated into the Weld County Code as
Appendix 22-A via Ordinance 2010-4 dated July 12, 2010 This Subarea Plan is designed to create
opportunities for landowners along the rail corridor extending from just west of County Road 23 75 to
about one (1) mile east of County Road 31 According to the Subarea Plan "Industries will be
attracted to the Subarea because of the thoughtful planning for, and availability of, key infrastructure
such as the short -line railroad track, principal roads and central water and sewer " The Plan also
states that "Of the land area within Weld,County, the majority of the properties are zoned "A"
(Agricultural), with uses ranging from farming to limited commercial A limited number of rural
subdivisions lie within the study area, including the 1970s era Seeley Lake subdivision "
The Subarea Plan also states that, "Located in or near the Subarea are two small rural subdivisions
that are zoned Planned Unit Development ("PUD") within the County These total 106 acres, with the
total build -out potential of 16 single-family residential homes
The Subarea also includes two properties consisting of 142 acres that were annexed to the City of
Greeley in 2009 as part of the Hall -Irwin Annexation One of the properties is in the transitional
zoning district of "H -A" (Holding Agriculture) and the other property is zoned "I -M" (Industrial Medium
Intensity), which is anticipated to be a regional and builder supply lumber yard "
To the west of the Subarea, the Town of Windsor has zoned and platted several industrial properties,
known as Great Western Industrial Park The industrial businesses in this area include Vestas,
Owens-Illinois Glass, and an ethanol plant "
The site is located within a Weld County Opportunity Zone The Weld County Comprehensive Plan
identifies Opportunity Zones, in part, as properties within one -quarter (1/4) mile of railroad tracks As
the property is adjacent to the Great Western Railway tracks it is located in a Weld County
Opportunity Zones and therefore a preferred area for commercial or industrial rezoning
The site is located within the three (3) mile referral area of the Towns of Windsor and Severance and
the City of Greeley The Towns of Windsor and Severance stated no concerns on their referral
agency comments dated February 8, 2022, and February 17, 2022, respectively The City of
Greeley's referral agency comments dated February 2, 2022, state that the City of Greeley does not
currently provide utility services to the subject property but the site is in the City of Greeley Long
Range Expected Growth Area (LREGA) and if water and sanitary sewer services are requested to
serve the property then annexation into the City of Greeley will be required, prior to the City of
Greeley providing those utility services The comments also stated that the City and NWCWD have
adopted a Water Service Agreement for providing water in this area If a new water service is
requested in the future, the City of Greeley will decide if water will be provided by the City of Greeley
or NWCWD in accordance with the executed Water Service Agreement
Regarding traffic and drainage, the comments state, "At this time there are no traffic concerns with
this application, however, if traffic increases in the future, Greeley would like to review any traffic
studies and meet with the County to discuss any future impacts to Greeley's transportation system "
The referral agency comments ‘go on to state, "If at any time in the future, storm drainage from this
site discharges into any of the City of Greeley's stormwater infrastructure system, a drainage report
and plan shall be submitted to the City for review and approval "
The referral also references the North Greeley Rail Corridor and the City of Greeley's Comprehensive
Plan Objective TM -4 3 and suggests creating employment opportunities The City is requesting
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MARTY MATCHETT
PAGE 3
screening of the adjacent residential properties and County Road 64 5 when the site develops
The City of Greeley's Comprehensive Plan adopted February 6, 2018, Imagine Greeley, Land Use
Guidance Map delineates the subject property as an Employment, Industrial, and Commercial Area
Chapter 4 Growth Framework states, in part, that Employment, Industrial, and Commercial Areas are
dedicated to industrial, manufacturing, and_other employment uses, such as research and
development, office parks, and distribution and logistics centers
The site is in the Annexation area for the City of Greeley In an email dated September 3, 2021, the
City of Greeley stated that the parcel does not currently meet contiguity requirements for annexation,
and it doesn't appear that the City would need to provide any services
The site is located within the Coordinated Planning Agreement (CPA) area for the Towns of Windsor
and Severance As part of the pre -application process the municipalities were sent a Notice of Inquiry
(NOI) The Towns of Windsor and Severance submitted Notice of Inquiry forms, dated April 1, 2021,
and August 31, 2021, respectively stating that they do not wish to annex the property
The Department of Planning Services sent notice to twelve (12) surrounding property owners within
500 -feet of the subject property and received ten (10) responses Two (2) surrounding property
owners inquired about this Change of Zone but did not express concerns Seven (7) surrounding
property owners and the Pastor of the Bethel Lutheran Church in Windsor provided letters that outline
concerns about noise, weeds, air pollution, light pollution, traffic, the turning radius of the RVs and the
potential for accidents, loss of views to the west, unpleasant aesthetics (eye -sore), potential lack of
proper screening, safety and security of the homes in the area, increase in crime, loss of prime
agricultural land, the need to protect agricultural lands for future generations, the need to protect
small businesses, decrease in property values, potential non-compliance with FEMA's floodplain
requirements, negative impacts to the physical and emotional wellbeing of the community
Additionally stating that the proposed use, RV and boat storage, is not compatible with the
surrounding land uses and that the agricultural experience (agritounsm) of the Tigges Farm will be
diminished The Whitney Irrigation Company (exhibit #6) stated that there is an easement for the
ditch along the northern property line and that fencing and storage of vehicles should be setback
thirty (30) feet from the centerline of the ditch These letters were provided to the applicant between
November 13 and December 3, 2022 The applicant indicated that he had received the letters, but no
other response has been received
The applicant has received approval of a floodplain permit FHDP21-0023 to place fill on the site to
raise the elevation above the base flood elevation This raise in the elevation meets FEMAs
requirements and allows the storage of RVs and boats on the site
The site is a preferred site for rezoning to commercial and industrial due to the site's adjacency to the
Great Western railroad track and the fact that it is in the North Greeley Rail Corridor Subarea and the
Weld County Opportunity Zone Future commercial uses will have to be approved through a Site Plan
Review or Use by Special Review process Site Plan Review and Use by Special Review applications
are sent to referral agencies and, with the Use by Special Review process, sent to the surrounding
property owners for comment The Conditions of Approval and Development Standards applied to
both this Change of Zone and any future Site Plan Review or Use by Special Review permits will
adequately address and mitigate potential impacts
C Section 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district,
The Department of Public Health and Environment per their referral agency comments dated
February 16, 2022, states that there are currently no utilities to the site The referral states that North
Weld County Water District may supply water to the site if necessary and an on -site wastewater
treatment system would provide sewer
The site is located within the North Greeley Rail Corridor Subarea which states, "Central drinking
RESOLUTION COZ22-0003
MARTY MATCHETT
PAGE 4
water service is provided by the, City of Greeley and the North Weld Water District Generally,
Greeley serves city properties and North Weld Water serves the remainder of the area "' The
applicant requested a tap from the North Weld County Water District (NWCWD) but due to the
moratorium was unable to obtain one The applicant received a Well Release letter, dated March 11,
2022, from NWCWD that states " we [NWCWD] have no objection to the applicant obtaining a
well permit within the boundaries of the North Weld County Water District " The applicant applied for
and was approved for a water well by the Division of Water Resources on September 28, 2022, well
permit no 328688 There will be further review of the water source when the applicant submits a Site
Plan Review or a Use by Special Review
Per the North Greeley Rail Corridor Subarea plan the entire Subarea is within the Greeley Sanitary
Sewer "208" service area Although sanitary service is currently concentrated primarily south of the
Poudre River, service is also provided to the Weld County Business Park and Espanola subdivisions,
located in the southeast portions of the study area, the Greeley Trading Company, and Pronto Foods,
located at "O" Street and the Great Western Railway railroad line
D Section 23-2-30 A 4 - For zoning amendments to any zone district other than A (Agriculture),
unpaved streets/roads providing access to the subject parcels shall have a minimum 26 -foot -wide
travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum
right-of-way width of sixty (60) feet
,The site is north of and adjacent to County Road 64 5 and the portion of County Road 64 5 adjacent
to the subject property is maintained by Weld County Weld County Department of Planning Services
— Development Review submitted referral agency comments dated February 8, 2022, which state
that County Road 64 5 is a paved collector road from approximately 377 feet west of the parcel
extending east to the intersection 'with County Road 27 The portion of County Road 64 5 that is
beyond 377 feet west of the property is under the jurisdiction of the City of Greeley
A Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has ,demonstrated compliance with the applicable standards
1) , Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay District
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Districts' Compliance may be
demonstrated in a previous public hearing or in the hearing concerning the rezoning application
The property is not located within the A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic
Townsites Overlay District, 'or Agricultural Heritage Overlay District
The property, is located within the North Greeley Rail Corridor Subarea and the Special Flood
Hazard Area
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extractor to any greater extent than under the present
zoning of the property
The Mineral and Aggregate Evaluation, by Northern Colorado Geotech, dated January 14, 2022,
submitted with the application, indicates that the small quantity of sand and aggregate,thatis
present at the site is not an economically viable deposit and that no economic quantities of
quarry rock or/minerals are available at the site The report goes on to state that Northern
Colorado Geotech is unaware of any coal mines in the immediate vicinity 'of the site and it is
Northern's determination that the property does not contain economic deposits of aggregate,
quarry rock or minerals
The Weld County Sand, Gravel Resources map of 1975, shows there to be T-4 deposits T-4 is C
J
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MARTY MATCHETT
PAGE 5
classified as stream terrace deposits that are unevaluated aggregate such as coarse and fine
aggregate resources that were not evaluated because of inadequate exposures, lack of drill -hole
data, location, access, poor potential, areal extent, or a prior land uses that exclude the
possibility of recovering aggregate
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or
the applicant's successors or assigns prior to the development of the property
The Natural Resources Conservation Services (NRCS) Soil Survey, dated March 25, 2021,
submitted with the application, indicates that the property contains low slope (1-3%) Kim loam
and that this type of soil does not limit the construction of small commercial buildings This soil
type is classified as "Prime`Farmland if Irrigated" and is considered well -drained soil
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
Should the Planning Commission approve the proposal, the Department of Planning Services recommends
the following conditions
1 Prior to recording the plat
A The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated February 11, 2022 Evidence of such
shall be submitted in writing to the Weld County Department,of Planning Services (Department of
Planning Services)
B The applicant shall acknowledge the advisory referral comments of Windsor Severance Fire Rescue,
as stated in the referral response dated February 17, 2022 Evidence of such shall be submitted in
,writing to the Weld County Department of Planning Services (Department of Planning Services)
C The applicant shall acknowledge the advisory referral comments of City of Greeley, as stated in the
referral response dated February 22, 2022 Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services (Department of Planning Services)
D The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ22-0003 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
3 All recorded easements shall be shown and dimensioned on the Change of Zone plat
(Department of Planning Services) i
4 County Road 64 5 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-
of-way at full buildout The applicant shall delineate and label on the plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the physical
location of the road If the existing right-of-way cannot be verified it shall be dedicated The
applicant shall also delineate the physical location of the roadway Pursuant to the definition of
setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future
right-of-way line This road is maintained by Weld County (Development Review)
5 Show and label the existing permitted access point and the usage types (e g Agriculture,
Residential, Commercial/Industrial, or Oil and Gas) Show and label one of the two eastern
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MARTY MATCHETT
PAGE 6
access points as "close and reclaim " Development Review will review access locations as a part
of the plat submittal (Development Review)
6 Show the floodplain and floodway (if applicable) boundaries on the map Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study
(Department of Planning Services — Floodplain)
2 The following notes shall be delineated on the Change of Zone plat
1 The Change of Zone, COZ22-0003, allows for C-3 (Business Commercial) uses which shall comply
with the C-3 (Business Commercial) Zone District requirements as set forth in Article III Division 3 of
the Weld County Code, as amended (Department of Planning Services)
2 An approved Site Plan Review is required for certain Uses as described in Article I'll of the Weld
County Code and in some instances a Special Review Permit is required to be approved and
perfected prior to any land, building, or structure to be used, changed in use or type of occupancy,
developed, erected, constructed, reconstructed, moved or structurally altered or operated in this zone
district until a Site Plan Review or a Special Use Permit has been approved and the Site Plan Review
or Special use permit map recorded by the Department of Planning Services ' (Department of
Planning Services)
3 The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Planning Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 ,Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A building permit application must be completed and
submitted Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application Currently the following has been adopted by Weld County 2018
International Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter29
'of the Weld County Code A plan review shall be approved, and a permit must be issued prior to the
start of construction (Department of Building Inspection)
6 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
7 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
8 Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Development Review)
'9 Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Development Review)
10 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
11 The historical flow patterns and runoff amounts will be maintained on the site (Development Review)
12 Water service may be obtained from North Weld County Water District or an appropriately permitted
well (Department of Public Health and Environment)
13 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal maybe by
RESOLUTION COZ22-0003
MARTY MATCHETT
PAGE 7
an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the
Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or modification of the system
(Department of Public Health and Environment)
14 Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed (Department of Public Health and Environment)
15 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1504F dated March 23, 2022 (John Law Ditch Floodplain) Any
development shall comply with all applicable Weld County ,requirements, Colorado WaterL
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65
The FEMA definition of development is any man-made change to improved or unimproved real
I estate, including by not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials (Department of
Planning Services — Floodplain)
16 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified (Department of Planning Services l Floodplain)
17 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
18 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the
state face a critical shortage of such deposits, and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
19 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the,top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
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MARTY MATCHETT
PAGE 8
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County 'Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)' with more than three thousand seven hundred (3,700) miles of
State and County roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal
services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood
3 Upon completion of Conditions of Approval 1 And 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff The plat shall be prepared in accordance with the
requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat and additional
requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of
County Commissioners resolution The applicant shall be responsible for paying the recording fee
4 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may
require the landowner to appear before it and present evidence substantiating that the COZ has not been
abandoned and that the applicant possesses the willingness and ability to record the plat The Board of
County Commissioners may extend the date for recording the plat If the Board determines that
conditions supporting the original approval of the COZ cannot be met, the Board may, after a public
hearing, revoke the COZ
5 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month period
RESOLUTION COZ22-0003
MARTY MATCHETT
PAGE 9
6 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by
the Board of County Commissioners unless otherwise specified by the approving resolution of the Board
of County Commissioners However, no building permit shall be issued, and no use shall commence on
the property until the plat is recorded
Motion seconded by Michael Wailes
VOTE
For Passage t
Elijah Hatch
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage
L
Absent
Skip Holland
Butch White
Pamela Edens
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 6, 2022
Dated the 6th day of December, 2022
--h2ickidie. Wa2e-
Michelle Wall
Secretary
J
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair.
Elijah Hatch, at 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall. Maxwell Nader, and Jim Flesher, Department of
Planning Services: Lauren Light, Department of Environmental Health: Karin McDougal, County Attorney,
and Michelle Wall. Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ22-0003
MARTY MATCHETT
ETT
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT
LOT B RE -4193. BEING PART OF THE SE4NW4 SECTION 30. T6N, R66W OF
THE 6th P.M.. WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 64.5: APPROXIMATELY 0.55 MILES EAST
OF CR 23.75.
Diana Aungst, Planning Services, presented Case COZ22-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
The Department of Planning Services sent notice to twelve (12) surrounding property owners within 500 -
feet of the subject property and received ten (10) responses. Two (2) surrounding property owners inquired
about this Change of Zone but did not express concerns Seven (7) surrounding property owners and the
Pastor of the Bethel Lutheran Church in Windsor provided letters that outline concerns about noise, weeds,
air pollution, light pollution, traffic, the turning radius of the RVs and the potential for accidents, loss of views
to the west, unpleasant aesthetics (eye -sore), potential lack of proper screening, safety and security of the
homes in the area, increase in crime, loss of prime agricultural land, the need to protect agricultural lands
for future generations, the need to protect small businesses, decrease in property values. potential non-
compliance with FEMA's floodplain requirements. negative impacts to the physical and emotional wellbeing
of the community. Additionally stating that the proposed use. RV and boat storage, is not compatible with
the surrounding land uses and that the agricultural experience (agritourism) of the Tigges Farm will be
diminished. The Whitney Irrigation Company (exhibit #6) stated that there is an easement for the ditch along
the northern property line and that fencing and storage of vehicles should be setback thirty (30) feet from
the centerline of the ditch. These letters were provided to the applicant between November 13 and
December 3, 2022. The applicant indicated that he had received the letters, but no other response has
been received.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Wade Hill, 8952 Gander Valley Lane, Windsor, Colorado. Mr Hill is representing Mr. Matchett. He said
Mr. Matchett would like to have a business on his property. He tried growing pumpkins and hemp on his
agricultural property, but since he does not own the water it was not profitable. The applicant's property is
in the path of commercial, industrial and residential growth.
Mr. Hill began to share a slide presentation about an RV storage facility being proposed on his property.
i
Mr Hill said Mr Matchett is aware of the concerns of the individuals who filed objections against the Change
of Zone and plans to mitigate the issues
The Chair explained to Mr Hill that this case is for a Change of Zone and not any potential Site Plans Mr
Hatch asked him to discuss the specifics of the Change of Zone
Mr Hill said the applicant's property is located within a quarter of a mile away from the Great Western
Railway and within the Weld County Opportunity Zone
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Dana Christensen, 12269 County Road 64'/, Greeley, Colorado Ms Christensen said that she has lived
on her property for 21 years She said her property is in a residential and agricultural area Ms Christensen
voiced concerns about her safety, decreases in her property value, and the increase in traffic She said
that the Poudre River Learning Center was considering locating the largest reflecting telescope in Colorado
in their area and she would hate to have this interfere with the telescope project
Kathy Rickert, 12425 County Road 64'A, Greeley, Colorado Ms Rickert pointed out that her home is at
the end of the access easement road shared with Mr Matchett They have had people come to their door
questioning the parking of vehicles on the applicant's property because)people assume the vehicles are
theirs She has concerns about safety and financial security She wants the zoning to remain agricultural
Ms Rickert shared how many animals and people they are able to feed and help by farming their property
She does not feel it is right to allow one person out of their community to change their zoning to commercial
Lewis Lowe, 12549 County Road 64'/, Greeley, Colorado Mr Lowe has lived on his property for 27 years
He chose his property because it wasp zoned agricultural Mr Lowe has a hobby farm and enjoys growing
crops He opposes commercial zoning and would like the properties to stay zoned agricultural
Curtis Rickart, 12425 County Road 64'/, Greeley, Colorado Mr Rickert is strongly against the Change of
Zone to commercial and wishes to keep property zoned agricultural He shared the following quote, "No
Farms, No Food "
Sandra Miller, 12242 County Road 66, Greeley, Colorado Ms Miller said that she attended a floodplain
meeting and was told that a significant amount of her property was in the 100 -year floodplain She
wondered if the applicant's property has been addressed about being in that 100 -year floodplain area
Ken Tigges, 12406 County Road 64 A, Greeley, Colorado Mr Tigges has the "Tigges Pumpkin Patch" on
his property He sells pumpkins and chilies from his farm Mr Tigges thanked the Planning Commissioners
for the right for people to address their opinions, whether opinions are pro or con He said that he is
concerned about potential future litigation due to issues that happen when farming The product that is used
when crop dusters spray anal applications is latex based Mr Tigges is concerned that he could potentially
end up liable for overspray that ends up on the commercial property
Judy Firestien, 31127 County Road 27, Greeley, Colorado Ms Firestien does not believe this change of
zone is compatible with the surrounding land uses The Bracewell neighborhood has come together with
their concerns and circulated a petition opposing the change of zone The petition has been signed by 194
neighbors and concerned citizens .
Kevin Shumaker, 12710 Shiloh Road, Greeley, Colorado Mr Schumacher said that he has been a real
estate agent for 29 years and is the President of the Bracewell HOA He said based on his experience of
being in residential real estate, putting a commercial zoned area in the middle of a residential area will have
a negative impact Mr Schumacher is concerned about what could potentially go onto the property because
the applicant's property already looks like a junkyard He said that the applicant has had a prior violation
on his property
Mr Hill responded to the concern of property values He said they do not have any statistics at this point in
time Mr Hill said that the applicant received a violation in 2019 due to parking vehicles and has since
screened the vehicles and is now in compliance He said they plan to comply with all the County regulations
which should address all the concerns
' Mr Hill said they did a floodplain study on the property He said the west side of the property falls in the
FEMA floodplain and they would need to add an inch of gravel to the west side of the property to address
the floodplain Ms Aungst said that this type of floodplain is very shallow and by adding an inch or two of
gravel, it should correct the grade to be above the floodplain
Mr Hill reiterated that the property is located within a quarter of a mile away from the Great Western Railway
and within the Weld County'Op'portunity,Zone He saidrthey anticipate that the Ag properties to the west
will request commercial or industrial zoning Great Westerniand Probuilders are two of the property owners
and because of water issues, Mr 'Hill foresees they will choose to rezone
Commissioner Gluck said this type of hearing is hard While one property owner doesn't want something
different in their backyard, the other property owner wants the right to do what their property is zoned for
He explained that the'Planning Commissioners are volunteers, and they have to discern between emotions
and property rights Mr Gluck said the Planning Commission makes a recommendation to the Weld County -
Board of Commissioners The BOCC makes the final decision; Mr Gluck thanked everyone for the
opportunity to serve the constituents ,
'The Chair agreed with Mr Gluck's Comments and said that the Planning Commission's decision is a
recommendation, not a final decision He recommended that public speak at the Weld County Board of
Commissioner's meeting as well
Commissioner Wailes said 'the public should not get discouraged with the Planning Commission's ,
recommendation but attend and share their comments at`the Board of County Commissioner's hearing ,
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval_and if they are in agreement with those The applicant replied that they are in agreement
f
Commissioner Morgan said that she shares the same sentiment as the other Planning Commissioners
She said it seems like a mixed area with commercial, industrial agricultural and residential going on Ms
Morgan said it appears to be an area in transition Based on the proximity to the railway, being in -the
Opportunity Zone, and 'the County Comprehensive Plan, the Planning Commission has to consider the
Change of Zone to Commercial' She'pointed out that even the Agricultural zone allows therights to do
some things that neighbors may not like Ms Morgan said this case is a tough decision _
Motion Forward Case COZ22-0003 to the Board of County Commissioners along with (he Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Sam Gluck, Seconded by Michael Wailes
Vote Motion carried by unanimous roll call vote (summary Yes =,5) r
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan
Commissioner Gluck made a comment to take into consideration the agricultural component and the
complexity of the area The area has everything from Vestas, Martin Marietta, pumpkin farms and people's
homes
The Chair said this is a very important decision and that he sympathizes with everyone who attended today
The decision today is on a Change of Zone and the Planning Commission's decision has no bearing on
what actually happens op the property A Change of Zone does fall within the guidelines that the' County
has set forth S
The Chair encouraged the public to attend the Weld County Board of County Commissioner hearing for this
case _Ms Aungst shared that the hearing will be heard on January'4, 2023, at 10 00 a m , in this room
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was`any new business to discuss No one
wished to speak
Meeting adjourned at 3:06 pm.
Respectfully submitted,
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
Date
NAME
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