HomeMy WebLinkAbout20211284.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION IS
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION 'COZa-coo
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Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ21-0002
GERRARD INVESTMENTS, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4033, PART SW4 SECTION 18, T5N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR 56.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
All necessary application materials were found to be complete on February 24, 2021.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-30.B. — Locate urban development in urban areas.
The site is located in an urban -scale development area on the Weld County Comprehensive Plan
Ma
P.
The site is located within the Growth Management Area (GMA) of the Town of Johnstown and within
the following Coordinated Planning Agreement (CPA) areas: Johnstown and Windsor. The proposed
Change of Zone is also located within Greeley's three-mile referral area. The subject site is adjacent
to railroad infrastructure; an arterial road listed on the County Functional Classification Map, Colorado
Blvd / County Rd 13; and, is a half mile (1/2) from U.S. Highway 34. Potable water is provided to the
site by Little Thompson Water District.
The site is located within the three-mile referral area and Coordinated Planning Agreement (CPA)
area of the Town of Johnstown. The applicant was encouraged to consider annexation to the Town of
Johnstown through the preapplication process, in accordance with the Weld County — Johnstown
Coordinated Planning Agreement located in Weld County Code, Chapter 19, Article XXI.
The Town of Johnstown was contacted on January 21, 2021. According to Section 19-21-50 of the
Weld County Code, the municipality has twenty-one (21) days from the pre -application meeting to
discuss the opportunity for annexation. The property owner was not interested in annexation at the
time. The Change of Zone application was accepted by the County on February 24, 2021, thirty-four
(34) days after the initial contact with the municipality.
Though the property is within the three-mile referral area of the City of Greeley and the CPA area of
the town of Windsor, the property is not within any identified growth areas of those municipalities.
Section 22-2-30. C. — Harmonize development with surrounding land uses. Transition between land
use types and intensities with buffers. Uses that are incompatible with existing uses must be able to
mitigate conflicts.
The Department of Planning Services and the Department of Public Health and Environment have
provided Development Standards to mitigate the impacts of land use development and will provide
detailed mitigation requirements through the Site Plan Review and Building Permit processes. The
Cooperative Planning Agreement with the Town of Windsor found in Chapter 19, Article VI of the
Weld County Code also outlines Common Development standards that apply to the site.
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 2
Section 22-2-40 A — Support compatible economic development opportunities
Industrial uses are compatible with surrounding rail and arterial road systems The infrastructure in
this area, including road and rail improvements, has already been brought up to an industrial level of
service as a result of recorded Improvements Agreement
Should the Change of Zone be approved, any existing or proposed uses will be subject to a Site Plan
Review or Use by Special Review, which will require local, state and federal regulation compliance
Section 22-2-40 A 1 Identify target areas where the County is able to encourage shovel -ready
commercial and industnal development
This location is in a Weld County Opportunity Zone
Section 22-2-40 A 5 — Encourage agglomeration economies of synergistic businesses
Northern Colorado continues to experience significant growth Building and road construction require
a dedicated and easily accessible supply of goods produced by industrial businesses to meet the
demand There is a current need for industrially zoned property which is necessary for healthy
economic growth Fostering the agglomeration of industrial businesses along established rail lines
and major transportation networks encourages the use of rail for transport of goods, thereby reducing
truck -related traffic, emissions and road damage Zoning property for industrial uses along rail lines in
close proximity to major highways and restricting the permitting of industrial uses in remote areas
protects rural property from the encroachment of incompatible uses
B Section 23-2-30 A 2 - The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses
The City of Greeley and the Town of Milliken expressed no concerns with the application in referral
responses dated March 4, 2021 and March 8, 2021, respectively
The Town of Windsor submitted a 2015 referral response for USR15-0027 pertaining to an adjacent
property It was received via email on February 17, 2021 The email included comments that this
2021 change of zone application be denied based on the fact that changing the zone is not use -
specific
However, zoning on a property allows for a set of uses that has been preapproved by elected officials
as being acceptable in that location It streamlines the approval process for uses that are acceptable
This is foundational to the concept of zoning The property is not within the Growth Management
Area of the Town of Windsor
The proposal is located within the growth management boundary of the Town of Johnstown The
town returned a referral response, dated April 12, 2021, recommending denial based on
incompatibility with the comprehensive plan The 2008 Johnstown Land Use Framework Plan
designates this area for conservation -oriented agricultural and large lot residential land uses The
Town of Johnstown is in the process of updating their comprehensive plan and it is unknown if the
vision for this area has changed since 2008
County Road 13 and the area around the subject site are encumbered by three (3) rail lines within
one (1) mile and, therefore, is an unlikely location for residential development The land immediately
to the north of the site is designated on the Johnstown Comprehensive Plan for "Commercial Mixed
Use" and "Employment" Much of the incorporated land directly to the west of County Road 13 is
being used for industrial, rail -oriented uses and is zoned "Mixed Use " It is logical that the actual
expansion of industrial uses will follow the rail corridor across and remain within a half -mile of County
Road 13 Lands to the south of the site are split by two (2) regional rail lines and are a mix of
industrial and agricultural uses
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 3
Two (2) irrigation ditches are adjacent to the proposed Change of Zone, the Hill and Brush Ditch
Company and, the Reorganized Farmers Ditch Company Ajoint referral response dated March 17,
2021, expressed concern related to water contamination and requested that water quality be part of
any future site plan review on the site
One letter was received from a surrounding property owner in opposition to the change of zone citing
lack of similar industrially -used properties in the area and potential issues from industrial uses,
including traffic, noise, odor, safety, dust, and pollutants The property owner asks for a berm for
visual mitigation, stormwater relocation, and stormwater quality measures through the site planning
process Screening of industrial uses is required through the Site Plan Review process to all adjacent
properties unless the adjacent property is zoned 1-3 This may be accomplished through many ways,
but usually with berms or fencing Stormwater detention design is required for most industrial sites
Water quality features are not automatically required for site plans but may be required if certain
triggers are met
Referrals without concerns were received from the following agencies Colorado Geologic Survey,
City of Greeley, City of Loveland, Lamer County, Little Thompson Water District, Town of Milliken,
Weld County Sheriff's Office and Colorado Parks and Wildlife Front Range Fire Rescue, in their
March 5, 2021 referral, did hot expressed concern, but submitted advisory comments regarding site
expansion
The Rock and Rail transloading and batch plant, already zoned 1-3, is directly north of this site There
are other industrial uses to the north including two large use by right oil and gas facilities, a mini -
storage facility, and a pet crematorium To the east there is a reservoir and a handful of agricultural
operations with residences One (1) property to the east is permitted as an event center via USR15-
0028 A gravel mine with temporary asphalt and concrete batching has been approved to the south of
the site Notice of the proposed Change of Zone was sent to seven (7) surrounding property owners
in Weld County and four (4) surrounding property owners in Lanmer County No correspondence has
been received from surrounding property owners at this time
The existing and future industrial uses will have to be approved through a Site Plan Review or Use by
Special Review process Site Plan Review and Use by Special Review applications are sent to
referral agencies for comments The Conditions of Approval and Development Standards applied to
both this Change of Zone and any future Site Plan Reviews will adequately address and mitigate
potential impacts Due to the proximity of multiple rail lines and major transportation networks, the
presence of other industrial operations in the vicinity, and -the mitigation methods already
incorporated into the site, a Change of Zone to 1-3 (Heavy Industrial) is compatible with the
surrounding land uses
C Section 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district
The site is currently served by domestic water from Little Thompson Water District via account
#832901 The site uses onsite wastewater treatment for sewage disposal, permit #SP -1600128 No
concerns regarding water or sewer service were expressed by the Department of Public Health and
Environment, in their March 5, 2021 referral response or by Little Thompson Water District, in their
March 4, 2021 referral response
D Section 23-2-30 A 4 - Street or highway facilities providing access to the property are adequate in
size to meet the requirements of the proposed zone districts
,Section 23-3-330 of the Weld County Code states, " Properties zoned 1-3 should be located near
transportation infrastructure such as highways, railroads, or airports " The property accesses onto
County Road 13 (Colorado Boulevard), classified as an arterial road on the Weld County Functional
Classification Map Traffic utilizing the site then travels north to U S Highway 34 All required
improvements were made to both County Road 13 and the intersection of U S Highway 34 and
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 4
County Road 13 and all affected rail crossings by the applicant pursuant to an approved and
recorded Improvements Agreement, 2016-3738, Reception Number 4335536
E Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards
1) Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay District
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Distncts Compliance may be_
demonstrated in a previous public hearing or in the hearing concerning the rezoning application
The site is not located within any overlay district officially adopted by the County, including
airport, geologic, historic, MS4, or floodplain
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extractor to any greater extent than under the present
zoning of the property
Both the Geotech Report, dated March 11, 2016 and the Soil Report, dated February 4, 2021,
submitted with the application indicate that the site is not located within an area recognized as
having economically recoverable sand and gravel or other metallic resources No other potential
geologic hazards were identified
3) Section 23-2-30 A 5 c - If soil conditions on the site are such thatithey present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or
the applicant's successors or assigns pnor to the development of the property
The Natural Resources Conservation Services (NRCS) Soil Survey, dated February 4, 2021,
submitted with the application indicates that most of the property consists of well -drained soils
The Geology Report, dated March 4, 2021, submitted with the application indicates that
placement of fill is advised with any new foundation based on soft soils
This recommendation for approval is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral entities
THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the plat
A The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ21-0002 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
3 All recorded easements and rights -of -way shall be shown and dimensioned on the Change of
Zone plat (Department of Planning Services)
4 County Road 13 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld
County Code The applicant shall also delineate the physical location of the roadway Pursuant to
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 5
the definition of setback in the Weld County Code Sec 23-1-90, the required setback is
measured from the future right-of-way line This road is maintained by Weld County (Department
of Public Works)
5 County Road 56 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld
County Code The applicant shall also delineate the physical location of the roadway Pursuant to
the definition of setback in the Weld County Code Sec 23-1-90, the required setback is
measured from the future right-of-way line This road is maintained by Weld County ,(Department
of Public Works)
6 Show and label the existing permitted access point (AP15-00271) and the usage type
(Industrial) (Department of Public Works)
2 The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ21-0002, allows for 1-3 (Heavy Industrial) uses which shall comply with
the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter 23, Article III Division 4
of the Weld County Code, as amended (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4) Industrial development may require buffering and screening from residential properties through the
permitting process (Department of Planning Services)
5), Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A building permit application must be completed and
submitted Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application Currently the following has been adopted by Weld County 2018
International Building Codes, 2018 International Residential Code, 2006 International Energy Code,
2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be
approved, and a permit must be issued prior to the start of construction (Department of Building
Inspection)
6) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs (Department of Planning Services)
7) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Department of Public Works)
8) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Department of Public Works)
9) Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Department of Public
Works)
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 6
11) The historical flow patterns and runoff amounts will be maintained on the site (Department of Public
Works) (Department of Public Works)
12) Water service may be obtained from Little Thompson Water District (Department of Public Health
and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be
by septic systems designed in accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division and the Weld County Code in effect
at the time of construction, repair, replacement, or modification of the system (Department of
Public Health and Environment)
14) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the
component to function as designed (Department of Public Health and Environment)
15) During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created If dust emissions create nuisance conditions, at the request of Weld County
Environmental Health Services, a fugitive dust control plan must be submitted (Department of
Public Health and Environment)
16) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and apply for a permit from
the Colorado Department of Public Health and Environment (Department of Public Health and
Environment)
17) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations
(Department of Planning Services)
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy, (b) the populous counties
of the state face a critical shortage of such deposits, and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this development Often
times, mineral resource sites are fixed to their geographical and geophysical locations Moreover,
these resources are protected property rights -and mineral owners should be afforded the
opportunity to extract the mineral resource
3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services The
plat shall be prepared in accordance with the requirements of Section 23-2-50 D of the Weld County
Code
4 Upon approval of the plat, Condition of Approval 3 above, the applicant shall submit to the Department of
Planning Services a Mylar plat along with all other documentation required as Conditions of Approval
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services Staff The Mylar plat and additional requirements shall be submitted within one -
hundred -twenty (120) days from the date of the Board of County Commissioners resolution The applicant
shall be responsible for paying the recording fee
RESOLUTION COZ21-0002
GERRARD INVESTMENTS, LLC
PAGE 7
5 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by
the Board of County Commissioners unless otherwise specified by the approving resolution of the Board
of County Commissioners However, no building permit shall be issued and no use shall commence on
the property until the plat is recorded
6 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating that the COZ has
not been abandoned and that the applicant possesses the willingness and ability to record the plat The
Board of County Commissioners may extend the date for recording the plat If the Board determines
that conditions supporting the original approval of the COZ cannot be met, the Board may, after a
public hearing, revoke the COZ
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional 3 -
month period
8 The property owner shall be allowed one hundred twenty (120) days from the date the change of zone
plat is recorded to submit a Site Plan Review application
Motion seconded by Sam Gluck
VOTE
For Passage
Tom Cope
Gene Stile
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Against Passage Absent
Dwaine Barclay
Butch White
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 20, 2021
Dated the 20th of April, 2021
4-5\ta6ruAna(¢m,
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 20, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Troy Mellon, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope.
Absent/Excused: Butch White, Dwaine Barclay
Also Present: Diana Aungst, Michael Hall, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ21-0002
GERRARD INVESTMENTS, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4033, PART SW4 SECTION 18, T5N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR 56.
Troy Mellon said that while he doesn't have a fiduciary interest in this request, he has participated in
response from the Town of Johnstown in the County's referral for comment. Therefore, he said it would be
improper for him to act in a quasi-judicial matter in this case and asked to be excused.
Angela Snyder, Planning Services, presented Case COZ21-0002, reading the recommendation and
comments into the record. Ms. Snyder said that this site is located within a Weld County Opportunity Zone
between two rail lines and adjacent to an arterial road, within one mile of a federal highway. She noted that
there is controversy over the compatibility with the surrounding land uses. Surrounding properties are a
mix of rural residential, agriculture and industrial uses. Surrounding residential and agricultural property
owners submitted letters expressing concerns relating to the ambiguity of future development, traffic dust
and noise pollution it could bring. Additionally, the Town of Johnstown returned a recommendation of denial
for incompatibility with future plans for the area.
Ms. Snyder provided an overview of how the applicant has met the required criteria according to the Weld
County Code. The Department of Planning Services recommends approval of this application along with
conditions of approval and plat notes.
Melissa King, Public Works, reported on the existing traffic and access to the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control during development.
Patrick Groom, 822 7th Street, Greeley, Colorado, attorney for Gerrard Investments. Mr. Groom said that
this project encumbers approximately 39 acres and added that this property is ideally situated for industrial
development. The property is bordered on the north by the Union Pacific Railroad and to the south by the
Great Western Railroad as well. It is also located within one-half mile of State Highway 34 and adjacent to
Colorado Boulevard (CR 13), which is classified by the County as an arterial roadway. Therefore, all of
these features classify this property as a Weld County Opportunity Zone, under the Weld County
Comprehensive Plan. The County has recently adopted a zoning map and pursuant to this map, this
property is designated as an area that should changes to commercial and/or industrial development.
Mr. Groom stated that the change of zone is appropriate for this property because there is an industrial use,
permitted pursuant to the USR and it suits industrial zoning for this property. In order for Mr. Gerrard to
continue to operate and make changes it would have to seek a change of zone to afford them the
opportunity to do so.
1
Mr Groom provided aerial views from the site He doesn't believe that the operations of this subject site
will be seen from Indianhead Estates because of the improvements and mitigation measures which were
adopted on the Rock and Rail property Since the USR was approved in 2015, they are not aware of a
single complaint regarding this site and regarding the use that Mr Gerrard has developed on this site that
has been submitted to the County He added it is because this site can, should, and will continue to operate
as a good neighbor Mr Groom provided a list of examples of industrial uses as well as uses that are
allowed by permit or use by right in the 1-3 Zone District He added that the most intense 1-3 uses are only
authorized by a Use by Special Review (USR)
Commissioner Stile referred to concerns of dust, noise, light and asked what they are thinking for heavy
industrial activity Mr Groom said that Mr Gerrard has no plans to change the current use He added that
the reason they are seeking this change of zone is to allow Mr Gerrard to continue to operate in
conformance with the code He stated that under the code changes in 2019, USRs are not allowed on this
property for this current use Mr Gerrard is preparing to submit a Site Plan Review and will only reflect the
current use He added that there are no additional uses included in that Site Plan or contemplated It is
always possible that there would be an additional use in the future, and if there were to be one an application
will need to be submitted as a Site Plan or as a USR He added that part of that review is to make sure
that those issues identified are addressed
The Chair asked if there was anyone in the audience who wished to speak for or against this application
John Cummings, 26700 CR 13, Johnstown, Colorado, stated that his farm property is due south of this
proposed zoning change He complimented the current facility as it is nice and organized and there is no
noise or other issues from that facility that has impacted the surrounding neighborhood However, he is
concerned about changing from a USR in the agricultural zone to an 1-3 Zone District that could include a
number of different uses They consider this zoning to an 1-3 (Heavy Industrial) incompatible with the area,
the community and surrounding residents They believe this will potentially increase the traffic and other
concerns such as pollutants and contaminants, etc He added that he is also concerned with air and soil
contamination and how it will affect his farm property
Janet Ross, 6248 CR 58, Loveland, Colorado, stated that she lives directly south of this site She added
that Mr Gerrard has been great neighbors, however, she is concerned about the unforeseeable future Ms
Ross stated that they haven't said if there is any access onto County Road 56 If they do access there,
how will that affect the road, traffic, etc She expressed concern on the number of trucks on that road that
run 24/7 and are very noisy and the hours of operation She added that they are being vague on what they
will do and haven't addressed any kind of mitigation for lighting, etc Ms Ross stated that she does have
a certified organic farm and is concerned with any kind of contamination from development
Dakota Cotner, 27238 CR 13, Johnstown, Colorado, said that she lives adjacent to the subject property
She added that the 300 -foot storage building adjacent to her fence line is a concern Her property is two
acres and added that she is trying to train horses The entrance to their property is 125 feet from the
entrance into her property so all the traffic impacts them She added that they have been great neighbors
and appreciates that but is concerned with the future plans of this property and doesn't believe it is
compatible with her residence
Dave Kisker, 6681 Apache Road, Johnstown, Colorado, represents CLR-34 Neighborhood Association,
referred to the statement that this site is currently an industrial operation and Mr Kisker noted that it is
basically a parking lot There is no reason to believe what Mr Gerrard is doing has to stop He said that a
parking lot, although it is allowed in the industrial zone is not an industrial use
Mr Kisker said that it does not meet the requirements of the Weld County Code because it is not compatible
He said that because the use is not disclosed and furthermore they heard some prospective claims about
the site plan review process and how it would protect the health, safety and welfare of nearby residents but
the fact is that is not true He added that the County cannot impose development standards that would do
that Mr Kisker stated that the applicant makes no attempt to address the compatibility with the existing
residential land uses with that type of industrial zoning
2
Mr Kisker requested denial of this application because this application does not meet the Code requirement
for compatibility with all of the surrounding uses and all of the potential uses He added that the area is
primarily residential and agricultural
Mr Groom said that he doesn't understand why they refer to vagueness He stated that Mr Gerrard does
not intend to change its use and contrary to the allegations, this is not a parking lot He added that this is
a use that is authorized under the 1-3 zoning Mr Kisker is correct that if they don't change anything they
could continue operating under the USR, however, their concern is that changes will be required and when
they are required there is no option under the USR to address those The only option is to have a change
in zone which allows those modifications to be made in the future
Mr Groom said that no one disputes that there are residential uses in the area, but is the use on this
property going to have any impact on Indianhead Estates He noted Mr Worthley's property is definitely
more impacted by this property, but when you are looking at compatibility you don't take surrounding uses
out of consideration Mr Worthley's property, today, is surrounded by 90 acres of 1-3 zoning operated by
Rock and Rail In all of the uses in totality, the change to 1-3 is not going to create an incompatible situation
between that property and the surrounding property uses
Mr Groom referred to Ms Ross's concern of truck traffic 24 hours a day and is unsure if she was suggesting
that was caused by Mr Gerrard, but it is not and added that it is caused by other industrial and commercial
uses in this area He emphasized thafMr Gerrard is not proposing any changes to its operations He
added that those are ultimately site plan considerations and not zoning considerations and the only issue
today is whether there should be a change of zone on this property
Commissioner Gluck asked what is done on this property right now Mr Groom said that the Gerrard Family
has a number of businesses including their excavation company and this site was permitted under the USR
to operate their excavation company All of the Gerrard businesses are operated out of the office building
on site Additionally, they store all of the equipment and materials used in the excavation business on this
site and so the equipment leaves in the morning and comes back to the site at the end of the day
Commissioner Holland referred to recent changes made to the Weld County Comprehensive Plan and
recalled that it was quite a change for Weld County Ms Snyder said that Weld County did not have a
Comprehensive Plan Map so that was a big change but what really didn't change was the principles behind
the Comprehensive Plan
Commissioner Holland said that he doesn't think that there is anything in the five (5) criteria that in order to
consider zone change we should understand something about the actual use being proposed He added
that it doesn't say that in the code Ms Snyder said that is the idea of zoning in general is that you have
determined a body of uses in zone districts that you feel are appropriate and have similar degrees of
intensity and uses and impacts on the neighbors Mr Holland said he is used to reviewing projects that are
proposed and planned and the uncomfortable nature is talking about a zone change but doesn't know what
the use is going to be
Commissioner Cope said that Weld County is going to more of the model that almost all planning
departments have implemented He added that the majority of cities and counties generally have zoning
already created throughout their areas and now you have to fit into that zoning Mr Cope said that it is a
change and uncomfortable for the people, but these change of zones are not required to say what they are
doing but they are proposing to do a certain project there and they have to follow these regulations If they
are proposing something with more intensity or impact then they will have to go through the Use by Special
Review (USR) Mr Cope stated that he believes it is good and we are progressing to where the rest of the
world has been He added that it will take some time to get used to it
The Chair asked the applicant if they have read through the Plat Notes and Conditions of Approval and if
they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ21-0002 to the Board of County Commissioners along with the Conditions of
Approval and Plat Notes with the Planning Commission's recommendation of approval, Moved by Tom
Cope, Seconded by Sam Gluck
Vote. Motion carried by unanimous roll call vote (summary Yes = 6)
3
Yes. Elijah Hatch, Gene Stile, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope
Absent Troy Mellon
Commissioner Holland expressed to the applicants the importance of taking care of the neighbors and
trying to recognize their needs as best that can be met
Commissioner Stdle believes that Staff has been consistent with the code and this project is in compliance
with Chapter 23 as well as Chapter 22 and meets all the goals
Meeting adjourned at 5 19 pm
Respectfully submitted,
4-d fin.
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
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