HomeMy WebLinkAbout20223112.tiffHEARING CERTIFICATION
DOCKET NO. 2022-79
RE: CHANGE OF ZONE, COZ22-0008, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - JAMM POWER SERVICE,
LLC
A public hearing was conducted on November 30, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno — EXCUSED
Commissioner Lori Saine — EXCUSED
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
hereby certify that pursuant to a notice dated November 16, 2022, and duly published
November 18, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of JAMM Power Service, LLC, for a Change of Zone, COZ22-0008, from the
A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Karin McDougal,
Assistant County Attorney, made this a matter of record.
El Chair James advised Eric Wernsman, representing the applicant, that, since
Commissioners Moreno and Saine were not able to be present, he had the option of continuing
this matter to a date with the full Board present. However, if he decides to proceed today, approval
will require three (3) affirmative votes. Mr. Wernsman indicated he would like to proceed.
El Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
stated notice was sent to 11 surrounding property owners (SPOs) and indicated one (1) letter was
received with concerns regarding noise, dust, traffic and crime, and another letter was received
the morning of the Planning Commission hearing regarding similar objections along with concerns
about water. He shared, per the Development Review staff, the site has an existing access onto
County Road(CR) 18, which is under the jurisdiction of the Town of Keenesburg and is adequate
to meet the needs of the proposed zoning. He relayed the site is within the three (3) mile referral
area of the Towns of Hudson and Keenesburg, and Keenesburg's Coordinated Planning
Agreement area. He explained the Town of Hudson returned a referral response expressing
concerns with the unknown traffic counts, fire code, fire suppression and the site's proximity to
the Town of Keenesburg's municipal limits. He further explained the Town of Keenesburg's Notice
of Inquiry form indicated the proposal is in line with the future goals of the Town of Keenesburg.
He described the surrounding zoning and mentioned the site is located primarily in a Weld County
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2022-3112
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HEARING CERTIFICATION - JAMM POWER SERVICE, LLC (COZ22-0008)
PAGE 2
Opportunity Zone. Mr. Nader displayed the Town of Keenesburg's 2019 Land Use Plan, which
shows the site in an area which they deem highly commercial, and indicated a Change of Use
permit will be required for the existing, on -site structure. He entered the favorable
recommendation of the Planning Commission into the record as written and displayed images of
the site and surrounding views.
Lauren Light, Department of Public Health and Environment, stated the site will be served by
an existing, permitted commercial well and a commercial septic system, which will be designed
when development occurs on the site.
= Eric Wernsman, Wernsman Engineering and Land Development, represented the applicant,
reiterated the site is in a Weld County Opportunity Zone and the Town of Keenesburg's Long
Range Plan, and indicated the applicant already has an Access Permit through the Town of
Keenesburg.
El Scott Dechant, adjacent property owner, expressed concerns regarding the proposal for
commercial zoning, citing rain runoff, traffic, dust, crime, and decreased property values as
reasons, and relayed the surrounding, existing commercial properties are currently for sale.
Commissioner Freeman explained a Site Plan Review will be required if the applicant decides to
develop the site and all of Mr. Dechant's stated concerns will be reviewed during that process. He
went on to explain Weld County changed the Comprehensive Plan to create Opportunity Zones
and the subject site meets the criteria given its proximity to Interstate 1-76 and CR 49.
Ei Ross McAdow, adjacent property owner, stated there is additional commercial development
in the area and mentioned the Hudson Fire Department has expressed concern about their ability
to serve additional commercial sites. He relayed the subject property is not 100% in the
Opportunity Zone, there are several other existing commercial sites available in the area and
questioned how the existing on -site building, built under an agricultural permit, can be used for
commercial uses. Commissioner Freeman explained an agricultural building is a Use by Right in
A(Agricultural) Zone District, and if the building will be utilized for commercial uses it will need to
go through the Change of Use permit process. He also relayed the Comprehensive Plan was
updated 1.5 years ago, which incorporated Opportunity Zones. Chair James stated the property
is in proximity to existing commercial zoning, relayed if a proposal meets all five (5) of the criteria
outlined in the Weld County Code, the Board shall/must change the property to the proposed
zoning, and asserted this application meets all five (5) criteria. He reiterated the concerns
expressed by Mr. McAdow and Mr. Dechant will be reviewed during the Site Plan Review process.
=' Mr. Wernsman addressed the concerns of the SPOs by acknowledging JAMM Power
Services, LLC, will have to go through a Site Plan Review process and mentioned they have
already started that process while designing the site.
The Board discussed the Resolution, as presented, and made no changes.
In response to Chair James, Mr. Wernsman indicated he had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval, as presented.
2022-3112
PL2842
HEARING CERTIFICATION - JAMM POWER SERVICE, LLC (COZ22-0008)
PAGE 3
e'' Commissioner Freeman moved to approve the request of JAMM Power Service, LLC, for a
Change of Zone, COZ22-0008, from the A (Agricultural) Zone District to the C-3 (Business
Commercial) 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 Buck. Commissioner Freeman mentioned the concerns of the Hudson Fire
Department will also be addressed in the Site Plan Review process. Chair James conveyed
empathy for the concerns of the SPOs but relayed that along with owning a property comes certain
rights, and the Board's job is to balance the rights of the property owner and surrounding property
owners. The motion carried unanimously, and there being no further discussion, the hearing was
completed at 11:06 a.m.
This Certification was approved on the 19th day of December, 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COUNTY, COLORADO
ATTEST: d.,,t,f44)
Weld County Clerk to the Board
BY:
eputy Clerl to the Board
Scott K. James, Chair
Mike)rreeman, Pro-Tem
EXCUSED
Lori Saine
2022-3112
PL2842
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