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HomeMy WebLinkAbout20220618.tiffHEARING CERTIFICATION DOCKET NO. 2022-10 RE: A CHANGE OF ZONE, COZ21-0009, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - NATE AND MELISSA HUNT, C/O CKG INCORPORATED A public hearing was conducted on February 23, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Development Review 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 12, 2022, and duly published January 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Nate and Melissa Hunt, c/o CKG Incorporated, for a Change of Zone, COZ21-0009, 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, stated 17 referrals were sent out, 12 referral agencies responded, and outlined the potential uses for the 1-2 (Medium Industrial) Zone District, noting the applicant intends to use the site for RV and boat storage. She relayed the Department of Planning Services staff is recommending denial, and explained the application does not meet several criteria in the Weld County Code, including Section 23-2-30.A.1, which states, "The proposal is consistent with Chapter 22 of this Code...", Section 22-2-30.B, "Locate urban development in urban areas", and Section 22-2-30.B.1, "Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation." She indicated the site is within the three (3) mile referral area of the Cities of Brighton and Fort Lupton, the Town of Lochbuie, and is adjacent to the City of Brighton's Corporate Limits. She cited Section 22-4-10.B, noting the site does not fall within the preferred locations for 1-2 (Medium Industrial) Zoning, and Section 22-4-10.C, which generally discourages rezoning if the site is within one -quarter (1/4) mile of any municipality, which the site is (the City of Brighton). She described the surrounding land uses and existing adjacent zoning, asserted the proposed COZ would not be compatible, and read an email from the City of Brighton, which indicates they do not wish to annex the property and they oppose the Use. She stated the proposed access is an Cc PL (TP/pA) 2022-0618 3/30/22 PL2812 HEARING CERTIFICATION - NATE AND MELISSA HUNT, C/O CKG INCORPORATED (COZ21-0009) PAGE 2 existing access off of County Road (CR) 4, which is under the jurisdiction of the City of Brighton. Ms. Aungst 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 there are two (2) residences on the site, which are served by separate wells and permitted septic systems and a Site Plan Review will be conducted to review whatever use comes onto the property. Chad Goens represented the applicant, presented a PowerPoint presentation (Exhibit D), and relayed his wife and himself are the owners of the adjacent property, which is home to Mountain View RV and Boat Storage. He indicated they want to expand the business to meet the growing demand of RV and boat storage, described the community outreach they did and noted they had contacted all nearby, local municipalities regarding the application. He explained why they were applying for 1-2 (Medium Industrial) Zoning, indicated the site does not have water to support agriculture, discussed the significance of the location, and summarized their current business model. 10__= Chair James recessed the hearing for a short break. J Chair James reconvened the hearing and no public testimony was offered concerning this matter. Mr. Goens elaborated on his conversations with the City of Brighton regarding annexation, stated he met with the City of Brighton Planning Manager, and indicated the City of Brighton did not wish to annex the site. Chair Pro-Tem Freeman noted the site's close proximity to an Opportunity Zone, expressed support of the application, and Commissioner Moreno concurred. In response to Commissioner Saine, Ms. Aungst indicated no specific comments were received from the City of Brighton regarding the adequacy of CR 4, and Chair Pro-Tem asserted it is not Weld County's road to be concerned with. Responding to Chair James, the applicant indicated he will request new accesses from the City of Brighton to help control the flow of traffic in and out of the facility. Responding to Commissioner Saine's previous question, Melissa King, Development Review, confirmed CR 4, west of the site, is under the jurisdiction of Weld County and is adequate in functional classification and width_ The Board reviewed the Conditions of Approval and made no changes. In response to Chair Pro-Tem Freeman, the applicant explained why he is only applying for a COZ for this property and not the adjacent site, which has a Use by Special Review permit. =:. In response to Chair James, Mr. Goens indicated he had reviewed, and on behalf of the applicant, agreed to abide by, the Conditions of Approval, as presented. 2022-0618 PL2812 HEARING CERTIFICATION - NATE AND MELISSA HUNT, C/O CKG INCORPORATED (COZ21-0009) PAGE 3 Commissioner Freeman moved to approve the request of Nate and Melissa Hunt, c/o CKG Incorporated, for a Change of Zone, COZ21-0009, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District, based on the recommendation of the Planning Commission, with the Conditions of Approval, as presented. The motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 11:26 a.m. This Certification was approved on the 9th day of March, 2022. BOARD OF COUNTY COMMISSIONERS WELD 9OUNTY, COLORADO ATTEST: �.Q��W,/ •X�Gte•� Sc tt . 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