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Home My WebLink About20220742.tiffHEARING CERTIFICATION DOCKET NO. 2022-29 RE: A CHANGE OF ZONE, COZ22-0001, FROM THE A (AGRICULTURAL) AND THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - ROBERT AND SHARON BAUMGARTNER A public hearing was conducted on March 16, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro -Tern — EXCUSED Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick County Attorney, Bruce Barker Department of Planning Services representative, Angela Snyder Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated February 10, 2022, and duly published February 12, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Robert and Sharon Baumgartner, for a Change of Zone, COZ22-0001, from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District. Bruce Barker, County Attorney, made this a matter of record. Angela Snyder, Department of Planning Services, presented a brief summary of the proposal, described the sign posting and location of the site, and stated the property is one legal lot which consists of two (2) parcel numbers, with three (3) land use permits. She explained the northeastern corner of the property is permitted for a truck maintenance business, the southeastern corner is permitted for a concrete batch plant, via USR-1373, and a gravel mine, permitted by USR-905, also covers the property, but will be left alone. Ms. Snyder relayed an Amended Site Plan Review permit, 1AmSPR22-00320, is being reviewed concurrently with this request, for an additional building on the site, which will clear up multiple site plans on the property. She explained there are two (2) parcels because of a land division that has since been rectified, but is not showing in the official parcel numbers, as of this report. She explained a Change of Zone (COZ) to an 1-3 (Heavy Industrial) Zone is not a use -specific action. Instead, it expands the types of Uses allowed on the property to include any or all of the Uses Allowed by Right in the 1-3 (Heavy Industrial) Zone District through an Administrative Site Plan Review process or through a Use by Special Review, which would require approval by the Planning Commission and the Board of County Commissioners. She reviewed COZ criteria, relayed the site is located in an urban area, which indicates that annexation has been recommended, but the City of Brighton did not return a referral response and the County does not have a current Intergovernmental Agreement (IGA) with the City of Brighton. She explained the site is also located within a Weld County Opportunity Zone and is surrounded by Industrial Uses, and relayed CC :PL(TPlas') Li/i1/2-2 2022-0742 PL1606 HEARING CERTIFICATION - ROBERT AND SHARON BAUMGARTNER (COZ22-0001) PAGE 2 the application does not propose industrial uses to encroach into the floodplain of the South Platte River. However, there are several commercial vehicles being parked and equipment being stored in unpermitted areas on the property, and the site is currently not in compliance with the existing site plan; therefore, compliance with Flood Plain Regulations has been included as a Condition of Approval (COA). Ms. Snyder stated the site uses an industrial well and an on -site wastewater treatment system, and should future uses require public water and/or sewer, annexation to the City of Brighton would likely be required. She relayed the shared access to U.S. Highway 85 is adequate in size for the requirements of the proposed zone district, and CDOT has the jurisdiction over the access, which is considered adequate in functional classification, structural capacity and width for potential traffic associated with heavy industrial zoning. She stated the applicant has a non-exclusive license agreement with Weld County, signed in 2000, for this portion of County Road (CR) 4, for upgrade and maintenance, with terms indicating the road must be open to the public; therefore, staff finds there is adequate access. Ms. Snyder entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. a In response to Chair James, Ms. Snyder confirmed the Access Agreement for CR 4 is exclusive and the Improvements Agreement requires maintenance of the road. Lauren Light, Department of Public Health and Environment, stated the existing building is served by an individual well and the septic system is sized for ten (10) employees. She stated the new building will have a separate septic system installed, there are several recommendations of notes for the plat and there are no outstanding issues with this request. El Craig Baumgartner, authorized agent, and Lynette Baumgartner, daughter-in-law of applicants, responded to Chair James, and stated they don't believe the City of Brighton wants to provide water or sewer to the property. ki No public testimony was offered concerning this matter. IR In response to Commissioner Moreno, Mr. Baumgartner stated they are in the process of removing the storage of materials. In response to Chair James, Ms. Snyder confirmed removal of the equipment and materials is a Condition of Approval and the plat would not be recorded until the condition is satisfied El The Board reviewed the draft Resolution as presented and made no modifications. El In response to Chair James, Mr. Baumgartner indicated they have reviewed, and agreed to abide by, the Conditions of Approval, as presented. IR Commissioner Buck moved to approve the request of Robert and Sharon Baumgartner for a Change of Zone, COZ22-0001, from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone Districts 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 presented. The motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 10:16 a.m. 2022-0742 PL1606 HEARING CERTIFICATION - ROBERT AND SHARON BAUMGARTNER (COZ22-0001) PAGE 3 This Certification was approved on the 30th day of March, 2022. BOARD OF COUNTY COMMISSIONERS WELChCOUNTY, COLORADO ATTEST:% 25 .C1+404 Scott K. James, Chair Weld County Clerk to the Board BY: eputy Clerk to the Board EXCUSED Mi - ree an, Pro-Tem P y L. Buck teve Moreno Lori Saine 2022-0742 PL1606 ATTENDANCE LIST 3 -1 tp-2Z. NAME - SE PRAM T Q - A I I EM(CITY, S' ATE " j EMAIL COUNTY -OF RESIDENCE ` SPEAKING (Wig)? .•-y/74-6(4%,611117/606411-e- s"/(4", ,64 dloa/ et #CAs- .4,,, /4":„,„, 7 e44,y /5 4,3m, /6 gi 3 h,,,,ta:.._ G ,/,,,:,,-,cam, 44,mss @r C ,, •1, (" )*"6 r -e 2 4 'VT- 2`1/! -2 ?C .�-v e n u e Place_ Ere 't.9 7 C 10 rte © G S W e I C O,- M er o y, A L� C1 A �' i 12, -7 .i IN n v6.-/ r`-ori- ^i0,l C. C 1 t x A n. i e („ g %1,, F,6,, Ae.,, M S 'V-' P3 o�.c, z J 1 �C ( IT 5 L L -A Co- y 2 kicookt5 e f., 4 14.O Hello