HomeMy WebLinkAbout20220153.tiffHEARING CERTIFICATION
DOCKET NO. 2022-05
RE: A CHANGE OF ZONE, COZ21-0006, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - GENELL HULSTROM,
C/O MACRITCHIE STORAGE VENTURES, LLC
A public hearing was conducted on January 19, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 14, 2021, and duly published
December 17, 2021, in the Greeley Tribune, a public hearing was conducted to consider the
request of Genell Hulstrom, c/o Macritchie Storage Ventures, LLC, for a Change of Zone,
COZ21-0006, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
and stated there is a Site Plan Review, SPR21-0009, for an RV Storage Facility, which is pending
approval and recording of COZ21-0006. He relayed 28 letters were received from surrounding
property owners (SPOs), and 19 were against the proposal from property owners outside the
500 -foot buffer. Mr. Nader explained the major concerns .expressed focused on the change in
environment, the potential increase in traffic and increased need for law enforcement. He further
stated nine (9) letters and three phone calls, in support, were received and roughly half of the
letters in support were from property owners within the 500 -foot buffer. He mentioned the
decreasing water in the area is making it difficult for farmers, and the applicant believes this is an
opportunity to sell the property and make a return on their investments. He relayed the
Development Review team expressed the following comments: the access is on a portion of
County Road (CR) 7, which is under the jurisdiction of the Town of Erie and classified as a
Principle Arterial Road. The Town of Erie Transportation Master Plan has a right-of-way
requirement of 140 feet in width, thereby making it adequate and functional with industrial capacity
to meet the traffic requirements of the proposed zone. He stated the applicant will be required to
contact the Town of Erie concerning access, existing right-of-way, and future right-of-way. Mr.
Nader relayed the site is located within the three (3) mile referral area of the Towns of Erie and
Frederick, and the Cities of Dacono and Northglenn. The Town of Erie forwarded comments via
the referral, related to design, appearance and access of the site. Mr. Nader displayed a
CC'.QL(TP/Hpl), EI-I(LL) 2022-0153
3123/22 PL2808
HEARING CERTIFICATION GENELL HULSTROM, C/O MACRITCHIE STORAGE
VENTURES, LLC, (COZ21-0006)
PAGE 2
PowerPoint presentation (Exhibit C) depicting the subject lot, described the surrounding zones,
and relayed there are no USRs on the property but he described several in the area. He explained
the site currently contains a house and ground that is no longer farmed, and this request is only
for a Change of Zone and not a USR request. Mr. Nader entered the favorable recommendation
of the Planning Commission into the record as written and displayed images of the site and
surrounding views. In response to Commissioner Freeman, Mr. Nader explained the depiction of
the Commercial and Industrial Zone District location, which is on the other side of 1-25, and
confirmed the circle depicted is one (1) mile. Mr. Nader confirmed on the map purple is industrial
and pink is business, as described in the Town of Erie's Comprehensive Plan. In response to
Commissioner Buck, Mr. Nader explained the brown shaded area is classified as Regional
Commercial, and farming is not occurring on the site at the present time. In response to Chair
James, Mr. Nader confirmed the request is for C-3 zoning and he read a list of uses allowed, as
detailed in Section 23-3-230 of the Weld County Code.
Lauren Light, Department of Public Health and Environment, relayed the Left Hand Water
District provides water for the site, and a septic system permitted for two (2) bedrooms provides
restroom facilities for the existing house onsite. Ms. Light relayed several notes for the plat related
to septic and water service, and stated the Site Plan Review processis when dust, waste and
sanitation requirements for any business is addressed. She stated Environmental Health has no
items for the COZ request.
Steven Litsas, Kimley-Horn and Associates, Inc., introduced Ben Lokhurst of Macritchie
Storage Ventures, LLC, co -applicant, Cameron Grant of Lyons Gaddis, Attorneys at Law, and
Genell Hulstrum, co -applicant. Mr. Litsas presented a slide show regarding the request
(Exhibit Y). He explained how the Weld County Comprehensive Plan was followed, along with the
Town of Erie Comprehensive Plan, which shows the area as business with some industrial, and
there is no town water or sewer which is required for annexation into the Town of Erie. He relayed
this site has been on the market since 2007.
Genell Hulstrom, co -applicant, relayed the history of ownership of the property, explained
some of the development coming into the area, stated the retirement of a farmer is usually the
sale of his land, and with all the development occurring in the area, they decided to sell the land.
Commissioner Freeman expressed this request falls into the reasons why the Comprehensive
Plan was reviewed and amended, so that these types of Zone changes could be implemented
ahead of proposed USRs.
Ed Kosorok, Erie resident, expressed he is conflicted between preserving the neighborhood
and development for the future. He relayed the recent increase of speed limit on CR 7 and the
resulting problems, and expressed concern with the lack of law enforcement presence by the
Town of Erie, City of Broomfield or Weld County. He also expressed frustration with allowing a
Change of Zone which opens up an option of uses with no venue for public comment and input,
during the for Site Plan Review processes. Mr. Kosorok stated the 2021 Traffic Study was taken
in August when school is out, and folks are away from home. Additionally, the trip generation
estimates for RV storage is non-existent and the unsignalized intersection of CR 8, which is Erie
2022-0153
PL2808
HEARING CERT!FICATION - GENELL HULSTROM, C/O MACRITCHIE STORAGE
VENTURES, LLC, (COZ21-0005)
PAGE 3
Parkway, and CR 7 operates with a Stop Sign control on the northbound/southbound approaches.
He expressed his belief that this intersection warrants a traffic signal with turn lanes. Mr. Kosorok
described the improvements he believes would aid in better traffic control and expressed concern
with enforcement of the 2012 Fire Code, in addition to his concerns of safety and the change in
character of the neighborhood.
Deborah Lynch, Erie resident, explained this is the fifth time in 4.5 years she has appeared
before the Board of Commissioners regarding land use changes in her neighborhood. Ms. Lynch
requested denial of this request, and expressed her concern that this request will set a
precedence of future zone changes. She relayed she keeps sheep and alpacas and moved into
the neighborhood specifically for the Agricultural Zone.
Peggy Cline, Erie resident, on behalf of Mike Schweitzer (Exhibit W), referenced Section
22-2-30.B (Locate Urban Development in Urban Areas), with the Town of Erie's Unified
Development Code, and expressed concern regarding the gateway to the Town of Erie being an
RV Storage. Ms. Cline asserted the proposed zoning is incompatible with the Town of Erie's
Comprehensive Plan, on the basis of the intended use with no sewer system being available on
the site. She shared her research of local storage facilities and noted the Mountain View Fire
Rescue is requiring 750 gallons per minute, minimum, to 1,500 gallons per minute when a building
is on the site. Ms. Cline went on to cite the Weld County Sub -Area Planning Guide,
Appendix 22.B, with a goal of promoting renewal of existing communities that lack infrastructure
or have other challenges, and maintaining or improving property values.
Jim Rose, owner of and RV Storage Facility located at 2185 CR 17, Erie, explained they store
water for fire protection, and they have dump stations on their site. He described the traffic he
observes and stated he believes the proposed use is consistent with the long range plan for the
area. He relayed several reasons that are beneficial to this type of use in the area, including rural
changes with the Town of Erie's eminent residential development to the west.
David Hulstrom, Erie resident, relayed the history of his family's farming operation, and stated
dryland farming is a tough business, and is dependent on mother nature. He explained reasons
for losing farmland and his desire to protect his mother's financial future.
Josh Cleland, Erie resident, neighbor directly to the south of the Hulstrom property, explained
his farming operation and the history of the farmground his family has lost since he has been
farming due to the growth in the area. He stated he is in favor of the change and believes it is
time for the next use to come, while allowing the Hulstrom's an opportunity to get a return on their
investment. Mr. Cleland expressed concerns with traffic on Erie Parkway, and shared he signed
over 1/3 of an acre for the Parkway. He agreed, the community is losing its rural atmosphere, due
to the encroachment of developments.
Steve Teets, Greeley resident, stated he grew up in Colorado, he sees agriculture dwindling
and questioned the source of food in the future? He also questioned what traffic will be like in the
future and stated there is no plan for an increase in population.
2022-0153
PL2808
HEARING CERTIFICATION - GENELL 'HULSTROM, C/OMACRITCHIE STORAGE
VENTURES, LLC; (COZ21-0006)
PAGE 4
Rick Hulstrom; Erie resident, stated his family has been in the area since 1923. He shared
there are only three (3) farms left in the area, this property has been on the market for a long time,
and no one wants to farm because farming is so expensive. He stated the new homeowners in
the community do not have the luxury of being able to park a camper on their property, so this is
a service that is needed.
Chair James closed the public hearing, stated the request is a Change of Zone, and noted
the duties of the Board of Commissioners are outlined in Section 23-2-40.B of the Weld County
Code. He stated the proposal is consistent with the policies of Chapter 22 Comprehensive Plan
of the Code, which created the Opportunity Zones being utilized with this application. Responding
to Chair James, Mr. Nader confirmed CR 7 is annexed by the Town of Erie, and the areas that
are on CR 7 and CR 6 are classified as arterial roads, which are adequate to handle the traffic
produced by this application.
` Mr. Litsas reiterated CR 7 is an arterial road, with a 60 -foot right-of-way, the road is owned
by the Town of Erie, some of the requested improvements are at the discretion of the Town of
Erie, and applicants are working with the Town of Erie to future proof the road. He stated the
Traffic Narrative, which is a published study, reflects numbers which are higher than what the
adjacent owners to the north, are seeing from his site. He stated eight (8) vehicle round trips are
anticipated during the peak hours, and most of the traffic from the site is entering and exiting from
the north onto Erie Parkway. Mr. Litsas stated they will work with the Mountain View Fire
Protection District and place a fire tank onsite. He shared they will follow the rules and regulations
for the site plan, as necessary.
In response to Chair James, Mr. Litsas,, on behalf of the applicant, indicated they have
reviewed, and agreed to abide by, the Conditions of Approval, as presented and requested no
changes.
Commissioner Freeman stated this is not the Site Plan Review, this is about the Change of
Zone request, for commercial development, which makes sense in the area because it is
consistent with the kinds of areas the Board was considering when they changed the
Comprehensive Plan. Commissioner Moreno expressed some of the major concerns are public
safety, but he sees the traffic being minimized with the type of proposed use which will be allowed.
Upon review of the Conditions, of Approval, the Board agreed no changes are necessary
Commissioner Moreno moved to approve the request of Genell Hulstrom, c/o Macritchie
Storage Ventures, LLC, for a Change of Zone, COZ21-0006, 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. The
motion was seconded by Commissioner Freeman, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:32 a.m.
2022-0153
PL2808
HEARING CERTIFICATION - GENE.LL HULSTROM, C/O MACRITCHIE STORAGE
VENTURES, LLC, (COZ21-0006)
PAGE 5
This Certification was approved on the 7th day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i
Sco . James, Chair
2022-0153
PL2808
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