HomeMy WebLinkAbout20220818.tiffHEARING CERTIFICATION
DOCKET NO. 2022-17.B
RE: A CHANGE OF ZONE, COZ21-0010, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - R.H. AMEN FARMS, LLC
A public hearing was conducted on April 27, 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
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Department of Planning Services representative, Angela Snyder
Department of Public Works representative, Melissa King
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 27, 2022, and duly published
January 29, 2022, in the Greeley Tribune, a public hearing was conducted on March 23, 2022, to
consider the request of R.H. Amen Farms, LLC, for Change of Zone, COZ21-0010, from the
A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District, at which time the Board
deemed it advisable to continue the matter to April 27, 2022, to allow for all five (5) Board
members to be present. Bruce Barker, County Attorney, made this a matter of record.
._= Angela Snyder, Department of Planning Services, presented a summary of the proposal,
provided the general location of the three (3) parcels associated with the application, explained
the purpose of a Change of Zone (COZ), and outlined the approval criteria for a COZ. She
indicated the parcels are located in a Weld County Opportunity Zone, are boardered by two (2)
railroad lines, are a mile south of a federal highway and are one (1) mile from the City of Greeley,
and the Towns of Windsor and Johnstown. She outlined the surrounding uses and relayed the
uses which would be allowed on the property would be compatible with surrounding land uses.
She stated no referral responses were received from the City of Loveland or the Towns of
Johnstown and Milliken, the Town of Windsor indicated concerns with the intersection at
U.S. Highway 34, and the City of Greeley had no concerns. She referenced the Town of
Johnstown's 2020 Comprehensive Plan, its designation of the subject parcels, and mentioned the
applicant adjusted the property lines accordingly to increase separation between the Coyote
Ridge Subdivision and the subject property. She outlined the adequacy requirements, according
to current Weld County Code, for water and sewer as well as streets, and compared how the
current code, versus the proposed Code revision (first reading of Ordinance #2022-04 was
April 20, 2022), addresses Improvement Agreements related to adequacy of streets. She
indicated the site is adjacent to the Great Western and the Union Pacific rail lines and is in close
proximity to U.S. Highway 34 and County Road (CR) 54, also known as State Highway 402 and
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Freedom Parkway. , She explained CR 15 is paved, CR 13 is an arterial with a signalized
intersection, mentioned current Code requires all lots to have direct access to public road right-
of-way, and indicated CR 56 is adequate for agricultural traffic, but not industrial traffic. She stated,
in order to recommend approval of the COZ an Improvements Agreement is being requested,
highlighted some of the requirements in the agreement and discussed other access points. Ms.
Snyder displayed images of the site and surrounding views, entered the favorable
recommendation of the Planning Commission into the record as written, and relayed staff
recommends the COZ become effective upon recording of the COZ plat, rather than immediately
upon Board approval, to allow time to get the Improvements Agreement in place. In response to
Commissioner James, Ms. Snyder clarified the northern parcel has access to CR 56.
._=. Melissa King, Development Review, explained the applicant has proposed the northern
parcel continue to use the permitted, existing access onto CR 56, noted a new Access Permit will
be required with the change of use, and mentioned this access is shared with two (2) land locked
parcels to the south(east), via an existing easement. She stated the applicant has proposed the
middle and southern parcels associated with the application access onto CR 15, at existing,
unpermitted, agricultural access points, which currently use railroad right-of-way and outlined the
access requirements. She provided the daily roundtrips and average speed on the associated
portions of CR 15 and CR 56, summarized the Code requirement regarding adequacy of roads,
stated the proposed Code revisions will alter the current provisions/procedures and indicated staff
is proposing the COZ application be included under the umbrella of the proposed Code revisions.
Lauren Light, Department of Public Health and Environment, stated the site will be served
with water by the Little Thompson Water District (LTWD) and a commercial septic system will be
installed, when developed.
Tim Naylor, AGPROfessionals, LLC, represented the applicant and gave a PowerPoint
presentation (Exhibit E). He reiterated the COZ is for three (3) parcels, explained the
southernmost parcel is landlocked and mentioned the applicant may choose to remove that parcel
from the application at some point during the hearing. He displayed a map showing the site's
proximity to existing 1-3 zoned lands, asserted the application is consistent with the Weld County
Comprehensive Plan, and reiterated it is located in an Opportunity Zone. He referenced
criteria #2.D.1, in the Resolution, disagreed with staff's interpretation of Code Section 23-3-330,
and questioned why the applicant would be obligated to bring CR 56, a county maintained road,
up to a minimum standard and provide dust suppression when the road is currently being used
for two (2) existing commercial Use By Special Review Permits (USRs), and explained at the COZ
stage the parcels associated with this application currently have no Use. He asserted the County
should contribute a proportionate share to bring the road up to the minimum standard and relayed
he did not see improvements to CR 56 on the Weld County Capital Improvements project list for
the next 20 years.
Commissioner Saine stated an applicant should be responsible to bring the road up to
standard for the intensity of the COZ they are requesting, but not knowing the Use that will go on
the properties, it makes more sense to require such improvements at the Site Plan Review (SPR)
stage. She also referenced an upcoming Work Session, which will address the proposed Code
revisions. Mr. Naylor relayed the SPR and specific Use are what create an impact, not the COZ.
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Commissioner Buck asserted the purpose of the Improvements Agreement is to put
owners/potential future owners "on notice" for improvements that will need to be made, when
triggered. Bruce Barker, County Attorney, reminded the Board the Work Session would be an
appropriate place to discuss hypothetical situations and that they need to focus on the facts of
the case being presented to them.
Chair James cited Code Section 23-2-40.B.4 (street/road facilities providing access to the
property are adequate in size to meet the requirements of the proposed zone district), and relayed
the application does not meet that criteria. Mr. Naylor stated the road classification of CR 56 is a
local gravel road, which supports 1-3 zoning, but argued staff is saying this particular road cannot
support 1-3 zoning. Responding to Chair James, Ms. King relayed a local gravel road could be
adequate for 1-3 zoning, but that a paved road would be better. Commissioner Freeman explained
a paved road would always be better, but a gravel road could be used for an industrial Use.
Mr. Barker again encouraged the Board to focus on the facts specific to this case and this site.
Commissioner Saine questioned whether there was a way to conditionally approve language
in the Resolution until after the pending Work Session takes place. In response, Mr. Barker stated
if the Board would like to wait until after the Work Session, they need to continue the case to a
later date, confirmed for Commissioner Freeman that the case needs to be considered under
current Code and explained the proposed Code change provides the applicant flexibility to make
improvements further down the road, not immediately.
There was discussion regarding a continuance and Mr. Naylor stated the applicant would like
to remove the northern and southern parcels from the application and asked the Board to consider
only the middle parcel, which is between the two (2) railroads. He stated it has been determined
CR 15 is adequate for the COZ and access can be adjusted at the SPR stage. Mr. Barker
requested staff provide the Legal description for the parcel being considered and Ms. Snyder
provided said Legal description (Exhibit F).
Responding to Chair James, Ms. King stated CR 15 meets the criteria for a COZ but explained
the middle parcel may have access issues at the SPR stage, as it is restricted to the north and
south by the railroad. In response to Commissioner Freemen, Mr. Naylor explained why the
applicant chose to pursue 1-3, versus 1-2 (Medium Industrial) zoning.
El Mr. Barker confirmed the Board is able to consider the application with the amendment made
by the applicant and stated the appropriate changes need to be made to the Resolution to address
the amended request.
Chris Friede, surrounding property owner, questioned why the applicant did not seek
1-2 zoning if that will cover the Use they are proposing, and Chair James stated the question will
be directed to Mr. Naylor.
El Dave Kisker, Indianhead Subdivision resident, stated it is not the County's or the tax payer's
responsibility to upgrade a road for one applicant/business, asserted the area is not all industrial
and described the subdivisions and other non -industrial Uses in the area. He also expressed the
SPR process does not protect surrounding property owners.
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El Responding to public testimony, Mr. Naylor reiterated why the applicant did not request
1-2 zoning and addressed Mr. Kisker's comments by stating CR 56 has been deemed adequate
for the industrial/commercial Uses that are already on it.
▪ Ms. Snyder stated the Legal description for the parcel being considered is described in
Exhibit A, of a Deed recorded on October 22, 2021, at Reception No. 4768711 (marked case file
Exhibit F).
, = Ms. Snyder recommended deleting Conditions of Approval (COA) #1.B -G and COA #1.H.7,
as they all relate to the two (2) parcels that were removed from the request and amending
COA #1.A to refer to only one (1) industrial access location. She recommended adding a new
COA #1.B.9 (the applicant shall remove the northernmost and southernmost parcels from the
plat) and removing the old COA #1.1.8-9 (Improvements Agreement). Commissioner Freeman
suggesting deleting old COA #1.1.5, as it was related to a parcel that was removed and Ms. Snyder
suggested deleting "and onto County Road 56" from the old COA #1.H.8 (show and label
approved access on the plat). The Legal description was amended to reflect the change of the
request and the Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval.
▪ Commissioner Freeman moved to approve the request of R.H. Amen Farms, LLC, for a
Change of Zone, COZ21-0010, from the A (Agricultural) Zone District 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 amended and the modified Legal description. The motion was
seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:23 a.m.
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This Certification was approved on the 11th day of May, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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