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HomeMy WebLinkAbout20210347.tiffHEARING CERTIFICATION DOCKET NO. 2021-05 RE: CHANGE OF ZONE, COZ20-0008, FROM THE A (AGRICULTURAL) ZONE DISTRICT AND THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT TO THE I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - ANDERSEN PROPERTIES, LLC A public hearing was conducted on February 10, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Chair Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Michael Hall Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated December 21, 2020, and duly published December 23, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Andersen Properties, LLC, for a Change of Zone, COZ20-0008, from the A (Agricultural) Zone District and the C-3 (Business Commercial) Zone District to the I-3 (Heavy Industrial) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. IR Michael Hall, Department of Planning Services, presented a brief summary of the proposal and explained the current split zoning appeared to stem from a lack of detail and proper surveying when the area was rezoned in 1962, via Z-22. He provided the history of the site and stated, after a discussion with the applicant in February 2020, the Department of Planning Services and the Weld County Attorney's Office deemed a Change of Zone (COZ) was necessary to accommodate new, proposed modifications to the existing rail loading facility. He mentioned notice was sent to ten (10) surrounding property owners (SPO), no responses were received back, no one spoke at the Planning Commission (PC) hearing and 14 referrals were sent out with nine (9) agencies responding. He noted the site is located within the three (3) mile referral area of the City of Greeley, is within the City of Greeley's Long Range Expected Growth Area, and stated the 2060 Greeley Future Land Use Guidance Map identifies the subject site as an Employment, Industrial, and Commercial area, which supports the proposed COZ. He stated the site is located in the Greeley/Weld County Airport Overlay District, provided the general location of site, and displayed a zoning map showing surrounding zoning and uses. He indicated the COZ materials and the plat voluntarily designate the area to the east of the railroad terminus, and along the Eaton Draw, as a no development zone, in an attempt to buffer the residences to the east from the existing and proposed uses. Mr. Hall entered the favorable recommendation of the PC into the record as written and displayed images of the site and surrounding views. In response to Commissioner James citing Weld County Code Section 23-2-40.6.4 (adequate access), Mr. Hall cc; PLooi /70 Pw (no), EPKU) 3/8/aoa-' 2021-0347 PL2783 HEARING CERTIFICATION -ANDERSEN PROPERTIES, LLC (COZ20-0008) PAGE 2 explained access for the site is off of maintained County Road (CR) 39.5 and there is an executed access easement beyond the point of the maintained portion of CR 39.5; therefore, the above mentioned Code criteria has been met. IR Melissa King, Department of Public Works, reiterated the information provided by Mr. Hall regarding the access easement and stated the applicant needs to obtain an Access Permit for the access location. IR Lauren Light, Department of Public Health and Environment (EH), stated there is a permitted, commercial, concrete vault, which provides sewer to the site, and indicated there is no water to the site. She mentioned EH is requesting plat notes related to septic and dust during the expansion of the site. In response to Commissioner James regarding Code Section 23-2-40.B.3 (adequate water and sewer to the site), Ms. Light explained EH policy allows for bottled water if two (2) or less employees will be onsite or if employees will be onsite for less than two (2) hours. • Dean Andersen and Sarah Willcutts with Andersen Properties, LLC, and Daniel Alonzo with Lamp Rynearson introduced themselves. Mr. Andersen described the current operation, as well as the proposed modifications, stated the expansion would provide additional convenience and safety to the site and asserted the number of truck trips will not increase with the expansion. e No public testimony was offered concerning this matter. • The Board discussed the Conditions of Approval and made no changes. Commissioner James moved to approve the request of Andersen Properties, LLC, for a Change of Zone, COZ20-0008, from the A (Agricultural) Zone District and the C-3 (Business Commercial) Zone District to the I-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 Freeman. In response to Chair Moreno, Mr. Andersen indicated he had reviewed, and agreed to abide by, the Conditions of Approval. There being no further discussion, the motion carried unanimously and the hearing was completed at 10:16 a.m. 2021-0347 PL2783 HEARING CERTIFICATION - ANDERSEN PROPERTIES, LLC (COZ20-0008) PAGE 3 This Certification was approved on the 17th day of February, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dia...O �..�C1tO•� Weld County Clerk to the Board BY: eputy Clerk to the Board Steve oreno, Chair S • • _ es, Pro-Tem Perry L. 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