HomeMy WebLinkAbout20223498.tiffHEARING CERTIFICATION
DOCKET NO. 2022-89
RE: CHANGE OF ZONE, COZ22-0010, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - KENNARD AND
VICKI KNUDSON
A public hearing was conducted on December 21, 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, Chris Gathman
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 October 11, 2022, and duly published
October 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request
of Kennard and Vicki Knudson, Change of Zone, COZ22-0010, from the A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District. Bruce Barker, County Attorney, made
this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
stated the subject site is currently vacant, the Department of Planning Services sent out and
received back nine (9) referrals, and indicated notice was sent to surrounding property
owners (SPOs) within 500 feet of the property. He provided the general location of the property,
mentioned there is storage and an outbuilding on the subject property, and described surrounding
Use by Special Reviews (USRs). He noted there was a petition of opposition with 34 signatures
submitted prior to the Planning Commission hearing, as well as additional letters of opposition
and two (2) letters of support. He relayed the proximity to surrounding municipalities, stated the
site will be served by the Todd Creek Metropolitan District for water and asserted the site is
compatible with C-3 (Business Commercial) zoning. He explained the site is in an Opportunity
Zone, per the Weld County Code, is not in a Coordinated Planning Agreement area (CPA)
boundary, and referenced the referral letter and an email from Adams County. He reviewed the
uses allowed in the C-3 (Business Commercial) Zone, relayed the site is outside of the Urban
Growth Boundary of the City of Brighton and the Town of Dacono, and is adjacent to existing
commercial uses. He cited Section 23-2-30.A.4 of the Weld County Code regarding infrastructure,
and described the existing, permitted, residential access onto County Road (CR) 19, which is
under the jurisdiction of Adams County. Mr. Gathman entered the favorable recommendation of
the Planning Commission into the record as written, displayed the Opportunity Zone map for
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Chair James and in response to Commissioner Saine, he further explained the Opportunity Zone
area. There was discussion about the placement of Opportunity Zones and Mr. Gathman finished
his presentation by displaying additional images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, stated a Commitment Letter for
water was received from the Todd Creek Metropolitan District and a commercial septic system
will be required once an end use is determined.
Kennard Knudson, applicant, provided the history of property. He described surrounding
uses, including oil and gas directly south, outdoor storage and an equestrian center to the north,
RV storage to the northeast, and indoor storage to the east and asserted County Road 2 will
eventually be a four (4) lane road. He stated he spoke to the four (4) neighbors within 500 feet of
the site and stated two (2) are in support, one (1) is opposed and one (1) is neutral. Commissioner
Saine questioned a use such as a night club and Mr. Kennard stated he is thinking possibly a
fencing company on the west side of the property and conveyed development of the corner of CR
2 and CR 19 is probably five (5) to ten (10) years out. In response to Commissioner Moreno, he
reiterated which neighbors he had spoken to and their positions on the proposed re -zone.
Chadwin Cox, Western Engineering Consultants, represented the applicant and summarized
his PowerPoint presentation, which included slides regarding the Weld County Comprehensive
Plan map, Master Transportation Plan, and the availability of water from the Todd Creek
Metropolitan District. He went on to describe adjacent land uses, as previously outlined by Mr.
Knudson, and noted there are only two (2) addresses on the signed petition that are within two
(2) miles of the subject site and only one (1) within the 500 -foot referral area. He went on to
address information that he believed would be included in the PowerPoint presentation of those
opposed to the application. Responding to Commissioner Saine, Mr. Cox relayed the Adams
County Comprehensive Plan shows residential to the south of the subject site, but mentioned an
email from a Planner in Adams County, which states Adams County would be in support of
Commercial zoning, as long as there is infrastructure in place to support it. He indicated no
neighborhood meeting was held, reiterated Mr. Knudson only spoke to property owners within the
500 -foot boundary and explained the Site Plan Review process would address specific use
concerns. There was additional discussion between Commissioner Saine and the Board about
the road designations in the area.
Chair James recessed the hearing for a five (5) minute break.
Chair James reconvened the hearing.
IR Robert Morelli, surrounding property owner, stated he owns a horse facility adjacent to the
subject site and revealed his is the only property within 500 feet of the site that has a residence
on it. He outlined his reasons for opposing the Change of Zone, which included lack of
compatibility with surrounding uses and inability to meet the Guiding Principles and Land Use
Goals of the Weld County Code. He added the proposal does not meet the intent of the C-3
(Business Commercial) Zone District and the applicant will not be able to mitigate conflict with the
surrounding residential and agricultural properties.
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Stephanie Vest, Fort Lupton resident, stated all surrounding properties are zoned agricultural,
spoke to the incompatibility of the proposed Change of Zone, asserted C-3 (Business
Commercial) zoning decreases the health, safety and general welfare of people in the area, and
displayed a zoning map of properties within one-half (1/2) mile of site. She read the intent of the
C-3 (Business Commercial) Zone District, asserted compatibility is not determined based on other
USRs in the area and referenced the denial of USR17-0016 (RV and boat storage, a dump station,
enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles
and/or equipment to pick up and deliver same and four [4] individual flex office buildings), quoting
Commissioners Freeman and Moreno at said hearing.
El Rusty Knels, property owner 1,000 feet to the west, stated eight (8) custom homes have been
built in the area since the denial of USR17-0016, asserting rural residential properties, not
commercial, are expanding in the area. He displayed a map of the residences in the area, cited
Section 23-3-230.C, which outlines the uses allowed in the C-3 (Business Commercial) Zone
District that are subject to a Site Plan Review and reiterated the statements made by
Commissioners Freeman and Moreno during the hearing for USR17-0016.
IEJ Shirley Beliveau relayed she is building a new home in the area. She cited Section 22-2-10.D
and the Weld County Comprehensive Plan, and conveyed the proposed COZ is not compatible
with the surrounding area and does not enhance the health, safety or general welfare of the
citizens of Weld County. In response to Pro-Tem Freeman, she confirmed her residence is
one-half (1/2) mile away from the subject site.
Jeffry Korbe, SPO, stated traffic is a major concern and no traffic study has been done for
the COZ, therefore, the applicant has not demonstrated they are able to protect the health, safety
and general welfare of the citizens of Weld County. He displayed images of cars in the ditch on
CR 2 and CR 19, relayed traffic in the area is congested and fast, and noted there are no lights
or turn lanes at intersections. Pro-Tem Freeman explained a Traffic Impact Study would be done
as part of the Use by Special Review (USR) or Site Plan Review process and a Road Maintenance
Agreement would also be considered at that time. He went on to explain the purpose of the
Opportunity Zone and asserted part of the reason USR17-0016 was denied was, in 2017, the
Code did not allow for RV storage in unincorporated Weld County, except for in Commercial Zone
Districts. Chair James clarified that road designations in the Weld County Functional Classification
Map are a way for the County to designate a certain type of right-of-way, and as development
occurs the road will be built to that standard.
David Campbell, homeowner west of the subject site, relayed CR 2 is planned for expansion
by Adams County in 20 years. He indicated increased traffic will lead to increased crime and
mentioned the southwest portion of Weld County is an area of focus for the Sheriff's office. He
cited Section 22-2-30.8.2, which states, "Urban -scale development shall only be placed where
urban services, including public water, are available", and claimed the applicant has not
demonstrated that urban services (water, police, fire, sewer and road maintenance) are available.
Sheila Morelli, adjacent property owner, cited a portion of Section 22-4-10.A.1 and asserted
the COZ does not meet the intent of the C-3 (Business Commercial) Zone District. She relayed
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no signs were posted on the property and clarified the Bidwell property (also adjacent to the
subject site) is not a storage facility/business, rather, storage of his personal belongings.
Bill Wycoff, Weld County resident, asserted the Notice sign was not successfully posted and
claimed the sign was laying down in the grass for over a month. He stated there have been over
50 signatures garnered in opposition of the COZ because it does not meet Code requirements,
as it is not consistent with the intent of the Zone District nor compatible with the surrounding land
uses.
Ei Jennifer Hart, Fort Lupton resident, indicated there are 50 signatures, representative of
34 residences, on the petition. She outlined a few of the uses allowed in the C-3 (Business
Commercial) Zone District and questioned whether these uses would be appropriate near a
residential neighborhood. She cited Section 23-2-40.6 and indicated the proposal is not
consistent with the policies of Chapter 22, does not meet the intent of the zone district, and is not
compatible with the surrounding land uses.
Ralph Walker, adjacent property owner, provided a history of his property, including the denial
of his application for USR17-0016. He relayed his property has no agricultural value, is not usable
for agriculture and expressed support for the COZ request.
Mr. Cox confirmed Mr. Knudson is agreeable with all of the requirements at the Site Plan
Review stage and mentioned he deliberately did apply for Industrial zoning, rather than
C-3 (Business Commercial), which they felt would satisfy the use of a fencing company. He noted
no new homes have been built immediately adjacent to subject property, only six (6) signatures
on the petition are within two (2) miles of the subject site, and commercial development brings a
higher tax basis, which in turn supports emergency services. Mr. Cox went on to rebut statements
made by SPOs regarding intent, compatibility and lack of infrastructure, and in response to
Commissioner Saine, he clarified, on a displayed map, which property owners supported the
COZ. He confirmed for Commissioner Buck that there is no agricultural production on the property
and concluded by stating all five (5) criteria of the Weld County Code had been met and that the
applicant appreciates the community's feedback.
Responding to Chair James regarding Section 23-2-40.6.3, Ms. Light confirmed a septic
system is sufficient to serve a C-3 (Business Commercial) use. Regarding Section 23-2-40.B.4,
Melissa King, Development Review, confirmed, due to a Code change, the only requirement for
the COZ is that the road be paved and any additional requirements would be reviewed at the Site
Plan Review stage. Lastly with regard to Section 23-2-40.B.5, Mr. Gathman indicated this criteria
had been met. There was discussion among the Board regarding compatibility, with Pro -Tern
Freeman explaining it is compatible due to the two (2) storage facilities in close proximity to the
site and the fact that the subject property is located on two (2) arterial roads. le In response to
Commissioner Saine, Mr. Gathman provided the location of the closest Commercial Zone
Districts, which are located at the intersections of CR 4 and CR 31, and CR 6 and CR 23, and
Commissioner Moreno expressed concern about the proposal, after listening to public comment.
Pro-Tem Freeman relayed there have been several COZs approved in Opportunity Zone areas
and Chair James concluded, based on the language in Section 22-4-10.A.1, an area designated
as an Opportunity Zone does not automatically create compatibility with the Industrial or
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Commercial Zone District. Responding to Pro -Tern Freeman, Ms. King relayed the daily traffic
count at the intersection of CR 2 and CR 19 is 4,740, and Commissioner Saine questioned the
compatibility, due to the distance from other Commercial Zone Districts.
le Chair James recessed the hearing for 30 minutes.
Ei Upon reconvening, Commissioner Saine stated that although CR 19 will be a major corridor
someday, it is agricultural right now, and mentioned that if the COZ is denied and the zoning stays
A (Agricultural), the SPOs may dislike a potential, future USR even more that what is currently
being proposed. Pro-Tem Freeman asserted the RV/boat storage adjacent to the site makes the
COZ compatible and Commissioner Buck stated she supports property owner rights and agrees
the site is compatible based on criteria A, B and C.
IR Mr. Knudson stated he had reviewed the Conditions of Approval and there was nothing he
would like the Board to address. Mr. Barker suggested changing the language in Condition of
Approval (COA) #1.E.17 to read, "Notes" instead of "Conditions of Approval". Chair James shared
he is on the fence regarding compatibility and relayed it will be the responsibility of the Department
Planning Services, at the Site Plan Review stage, to make sure impacts from the site are
mitigated. Pro-Tem Freeman echoed Chair James' comments and the Board agreed to the
aforementioned change in the Resolution.
Pro -Tern Freeman moved to approve the request of Kennard and Vicki Knudson for Change
of Zone, COZ22-0010, 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 amended.
There was no public testimony regarding the change to the Resolution.
Commissioner Freeman reiterated his previous motion and it was seconded by
Commissioner Buck. Commissioner Moreno affirmed the site is compatible but understands the
constituents' concerns, Commissioner Buck agreed and thanked the SPOs for their comments,
and Chair James explained the Board must balance the rural way of life and growth. The motion
passed four (4) to one (1), with Commissioner Saine being opposed. There being no further
discussion, the hearing was completed at 1:48 p.m.
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PAGE 6
This Certification was approved on the 11th day of January, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,A,A) „'t
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike ee an, Chair
Pro-Tem
Scott K. James
EXCUSED
Kevin D. Ross
'Loh` Saine
2022-3498
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