HomeMy WebLinkAbout20223030.tiffHEARING CERTIFICATION
DOCKET NO. 2022-77
RE: CHANGE OF ZONE, COZ22-0009, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - FUSARO, LLC
A public hearing was conducted on October 26, 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, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 19, 2022, and duly published
September 21, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Fusaro, LLC, for Change of Zone, COZ22-0009, 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.
=''. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
described the location of the site, shared 16 referrals were sent out, with 12 referral agencies that
responded without concerns or included conditions that have been addressed through
Development Standards (DS) or Conditions of Approval (COA), and four (4) referral agencies did
not respond. Ms. Aungst stated the site is located within the Weld County Opportunity Zone, and
Elevated Excavating, who owns the property east of the site, is proposing to purchase the site
and submit a Site Plan Review application. She explained there is an active Code Violation,
ZCV22-00023, which was initiated due to the storage of multiple semi -trailers and cargo
containers, without obtaining the appropriate land use permits. She further stated, if this
application is approved, a portion of the violation shall be corrected; the applicant is required to
submit a Site Plan Review, complete the Conditions of Approval and record the final Site Plan
Review Map prior to the code violation being closed. She explained, if this application is denied,
the associated court case would proceed accordingly. Ms. Aungst relayed the subject property is
identified as a portion of Lot B of Recorded Exemption, RE -85, which was recorded October 1973,
explaining the subject property was divided along the ditch boundary, and a portion of Lot B was
conveyed to the property owner on the west side of the ditch, which is an illegal division of land;
therefore, vacation of Lot B is required to create a legal lot. Ms. Aungst stated the Comprehensive
Plan of Weld County, Section 22-4-10.A.1, refers to one of two main components for citing
preferences of rezoning and subdivisions, specifically the Areas of Opportunity for Commercial
and Industrial Development, which are logically developed based on transportation infrastructure
cc: PL(TP/MN/DA)
11/23/22
2022-3030
PL2840
HEARING CERTIFICATION - FUSARO, LLC (COZ22-0009)
PAGE 2
of roads and railroads; therefore, State Highway 52 represents a dependable transportation
corridor. Ms. Aungst described surrounding zones and uses, and explained the City of Fort Lupton
has already completed annexation and zoning of approximately 96 acres of land north of the site.
She shared staff sent out 14 Notices to surrounding property owners (SPOs), one letter was
received expressing opposition and requesting the land remain A (Agricultural), two emails were
received requesting additional information regarding the COZ, and staff replied with specifics and
the location of the access. She shared the site is located within the three (3) mile referral area of
the Cities of Dacono and Fort Lupton which had no concerns, and the Town of Frederick, who did
not return a response. She also shared the site is located within the City of Fort Lupton's
Coordinated Planning Agreement boundary, the City was sent a Notice of Inquiry (NOI), which
was returned June 6, 2022, indicating they are interested in annexation of the subject property;
however, the property owner's representatives have expressed no interest in annexation, but
would address it in the future. She explained the area is designated Commercial Transition and
Agriculture and Rural Residential on the City of Fort Lupton's Future Land Use Map, defining the
advantages of each, in addition to the benefits of future commercial uses. She shared, per the
Development Review staff, the parcel has an existing access onto State Highway 52, which is in
the jurisdiction of the Colorado Department of Transportation (CDOT). 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 utilities to the site are a
permitted commercial well, and sewage disposal may be by an on -site wastewater treatment
system. She relayed three (3) plat notes are suggested and there are no outstanding issues with
the request.
Ken Mitchell, applicant's representative, reiterated the description of the surrounding uses,
stated the application is very appropriate with regard to the traffic corridor of State Highway 52,
described the vision of long-term use of the site, and explained the active violation and the intent
of fulfilling the requirements necessary to correct the violation. In response to Chair James,
Mr. Mitchell explained the applicant's hesitancy regarding annexation into the City of Fort Lupton
and paying taxes to a jurisdiction that will not provide public services.
No public testimony was offered concerning this matter.
In response to Chair James, Mr. Mitchell indicated they had no questions or concerns
regarding the draft Resolution, as presented.
='i The Board reviewed the Conditions of Approval and Development Standards.
El In response to Chair James, Mr. Mitchell indicated they have reviewed, and agreed to abide
by the Conditions of Approval and Development Standards, as presented.
Commissioner Freeman moved to approve the request of Fusaro, LLC, for a Change of Zone,
COZ22-0009, 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 Moreno, and
2022-3030
PL2840
HEARING CERTIFICATION - FUSARO, LLC (COZ22-0009)
PAGE 3
it carried unanimously. There being no further discussion, the hearing was completed at
10:55 a.m.
This Certification was approved on the 9th day of November, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C.h)
Scott K. James, Chair
Weld County Clerk to the Board
BY:
N
Deputy Cler to the Board
Mike an, Pro-Te
Lori Saine
2022-3030
PL2840
ATTENDANCE LIST
117 4,-,Qz74,Q
NAME - PLEASE PRINT
�,E�IBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(YIN)?
George 1 4 i I tfd
j
g 1 E 16 [% Si-
Geo a two 000
(id -e1 j
Yes
opt -le, f-ilia,l ,Coln
s -eye_ -m.--.22-1-5.
S-Mti-
f 'y. 9Q sa.ey co,T,6a—
Nellive—
(,-*,)rte-ixii
WOOL
Alb
Sib 1. C,e I/41 4 se :fie'kgt-r
4 G i"1-r
%0it(c)
I\Nar\-, scAr\ ,,,,,A,e:cc
C',-1.-c-ee te,„
kNeN
N _-_')
MGt1�lr� tie% �'� �
, �n� �
�ike
yge,c,t
lQa l =A-5- /i�
TuLezc12.1N
IA (\ei N .,"1- a
O vv' I
woo,
-tc,3
QTAI\--0) my,
Coq k Kt c.--
Wet()
•\((,,,
7
`77g E/ 171-
C /i
-O e
c 1�2-t-S
P. Of q1 GA Y c -Q
eii,,. l,3 /`, eim
51g 5,f,t.,L-,.
ATTENDANCE LIST
b= z , zZ
NAME - PLEASE PRINT
LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(YIN)?
Z -J^ ,r 4^,-.84,
LO'"( MA R! She,-(' 0 KON
ad C C icul ,:, �e�C - ,
1M )Gl.,cc,(, D k
Iiu2 s,-, so, 5" L v/ rJ �fi
,,
w�',(,,�(, D�l�Cu-Dlc
t
1,i __/1"---te.//11/
(
-c4,
--i-,-
V
(3)./t9 Ltv.,_
(z-, �oF/4
ee'�'���G1„
10,E
i
F(� w l�3 f �'
"`u-1 c',- Ke. V & A �?�
a;t7w/ .7 7 J -vex ,, c t' lct c e Ep'e e 1
Luj d • Oc 1, n a J o g.667(i (i
(,L} t aYE'
lr c�0701105O/1
Q I
��5s cv
3 Sett t,_ / etc (0
-6-ai �.la
it iii
s,
y divisor) ihari
J
e s
�
Hello