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Home My WebLink About20211209.tiffHEARING CERTIFICATION DOCKET NO. 2021-32 RE: CHANGE OF ZONE, COZ21-0001, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - HARLEY AND PATRICIA TROYER A public hearing was conducted on May 12, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro -Tern Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine - EXCUSED Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal 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 March 23, 2021, and duly published March 26, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Harley and Patricia Troyer, for a Change of Zone, COZ21-0001, from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Chair Moreno reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Saine being excused. Harley Troyer, applicant, informed the Board his representative, Chad Cox, is running a few minutes late but is expected any moment and the Board decided to start staff presentations while waiting for Mr. Cox. Michael Hall, Department of Planning Services, stated representatives from the City of Fort Lupton were present and requesting a continuance. Ms. McDougal suggested the Board wait for Mr. Cox before considering the request for a continuance and Chair Moreno recessed the hearing. Upon Mr. Cox's arrival Chair Moreno reconvened the hearing and clarified the City of Fort Lupton does not have the authority to ask for a continuance, therefore, the applicant would have to ask for the continuance, if he desired. In response to Chair Moreno, Mr. Hall restated the City of Fort Lupton is requesting a continuance to allow more time for the applicant and the City of Fort Lupton to discuss terms of the application. Mr. Troyer stated he would like to move forward with the hearing. cc:PLCMH/TP). PwCol KS, S-H(L.L) I- lO11 I 2021-1209 PL1865 HEARING CERTIFICATION - HARLEY AND PATRICIA TROYER (COZ21-0001) PAGE 2 Mr. Hall presented a brief summary of the proposal, the general location of the site and mentioned the site is located within a Weld County Opportunity Zone, as defined in the 2020 Weld County Comprehensive Plan, being areas conducive for a Change of Zone (COZ) request. He stated there is an existing auction business on the site permitted under USR-1564, the COZ request stems from the applicant wishing to expand the auction facility and types of items to be sold onsite, and noted there is an associated Site Plan Review, SPR21-0003. Mr. Hall displayed images of the site, outlined the surrounding Uses and Zoning, stated the site is within .25 miles of a municipality, reiterated the site is within a Weld County Opportunity Zone, and displayed the draft COZ Plat map. He relayed 16 referrals were sent out, eight (8) agencies responded, and notice was sent to ten (10) surrounding property owners (SPOs). He indicated the applicant conducted neighborhood outreach prior to submitting the application, there was no correspondence received prior to the Planning Commission (PC) hearing from SPOs, and no SPOs spoke at the PC hearing. After the PC hearing, a letter of correspondence was received from the SPO to the south, expressing concerns about screening and noted Mr. Troyer has since addressed her concern. He stated the site is located within the Coordinated Planning Agreement (CPA) of the City of Fort Lupton and the Town of Platteville and indicated the City of Fort Lupton was interested in annexation; however, the applicant was not. He relayed the referral response received from the City of Fort Lupton stated they were not in support of the COZ and mentioned the Mayor and the Planning Director of the City of Fort Lupton spoke at the PC hearing. 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 Chair Moreno, Mr. Hall clarified some vehicles on the site are operable, some are not and responding to Commissioner James, he indicated the CPA between Weld County and the City of Fort Lupton allows for the possibility of annexation, if both the landowner and the City of Fort Lupton are in favor. Melissa King, Department of Public Works, stated there are two (2) existing, permitted accesses onto County Road (CR) 25.5. She relayed there is a third access in the northeast corner of the property onto U.S. Highway 85 right-of-way, which is under the jurisdiction of the Colorado Department of Transportation, and the access point itself is within the jurisdiction of the City of Fort Lupton. In response to Commissioner James, Ms. King clarified she did not have knowledge of a permit for the access onto U.S. Highway 85 but confirmed there are permits in place for both accesses onto CR 25.5. Lauren Light, Department of Public Health and Environment (EH), stated the site will be served by a commercial well and an Engineer Designed commercial septic system, depending on the proposed Use. She noted items such as sanitation, on -site dust, and on -site waste handling and disposal will be addressed during the Site Plan Review and relayed EH suggested notes for the plat related to water, septic and dust during development. El Chad Cox, Western Engineering Consultants, represented the applicant and provided the history of property. He stated the Covid pandemic forced Mr. Troyer to revisit his business plan and make changes, such as virtual auctions and expanding the type of items sold, and relayed the 1-3 (Heavy Industrial) Zone District would allow for the flexibility to have car auctions on the property. He outlined the Industrial zoned parcels, south of the subject site down to CR 16, reiterated access permits are in place for the accesses onto CR 25.5 and noted the access onto U.S. Highway 85 is an oil and gas access and will not be used for business purposes. He 2021-1209 PL1865 HEARING CERTIFICATION - HARLEY AND PATRICIA TROYER (COZ21-0001) PAGE 3 explained the Soil Report, Traffic Analysis, Well Permit and septic investigations have all been completed and described the on -site screening. • Zo Stieber, Mayor of the City of Fort Lupton, stated the City of Fort Lupton has no objection to the business itself, but objects to the proposed COZ, as it is not consistent with the City of Fort Lupton's Comprehensive Plan. She expressed concern of Mr. Troyer selling his business and that potential businesses allowed in the 1-3 (Heavy Industrial) Zone District would not be attractive (refinery, salvage yard). She requested either Conditions of Approval to mitigate their concerns, or denial of the application. In response to Commissioner Buck, she stated a continuance would have allowed more time to obtain a Pre -annexation Agreement with Mr. Troyer, which would stipulate, if the Use of the property changed, the landowner would agree to annex into the City of Fort Lupton. Regarding public health concerns related to the current lack of availability of water and sewer services, Ms. Light stated there are no known concerns. Responding to Commissioner James, Ms. Stieber relayed the City of Fort Lupton would request, as a Condition of Approval, that any Uses allowed by Industrial Zoning, but not by Commercial Zoning, be prohibited. • Todd Hodges, Planning Director for the City of Fort Lupton, reiterated the City of Fort Lupton is not opposed to Mr. Troyer's business and indicated the City of Fort Lupton met with the applicant and was willing to annex the property, if the applicant so chose. He re -stated the City of Fort Lupton's request for a Condition of Approval or the implementation of a Pre -annexation Agreement, of which he provided details. In response to Commissioner James, Mr. Hodges confirmed the parcel to the north of the subject site is annexed into the City of Fort Lupton, is Zoned C-2 (Heavy Commercial District), has a Use by Special Review (USR) Permit and Mr. Hall relayed the USR is for a storage yard. Mr. Hodges read from the City of Fort Lupton's Code, the intent of, and the Uses by Right allowed in, the C-2 (Heavy Commercial District) and stated there is flexibility in their Code to consider like Uses. Mr. Hall cited Weld County Code Section 23-3-330.C (Uses allowed subject to Site Plan Review. The following Uses shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter), and responding to Commissioner Freeman, Mr. Hall listed Uses that require a USR Permit in the 1-3 (Heavy Industrial) Zone District. • Mr. Cox clarified the highest Zoning in the City of Fort Lupton is 1-2 (Heavy Industrial District) and displayed a PowerPoint presentation (Exhibit D) showing six (6) parcels, Zoned 1-2 (Heavy Industrial District) by the City of Fort Lupton, along the west side of the U.S. Highway 85 corridor, from the subject site south to CR 16, and four (4) parcels, Zoned 1-3 (Heavy Industrial) by Weld County, on the east side. He asserted Mr. Troyer wants to stay in Weld County and not annex into Fort Lupton, stated they attempted to work out the Pre -annexation Agreement, and indicated the intent of the requested COZ is to allow Mr. Troyer to expand his business. IR Mr. Troyer confirmed he had no intention to turn the property into a salvage yard and read excerpts from the draft Pre -annexation agreement (Exhibit E), written by the City of Fort Lupton. Commissioner Freeman iterated it is the applicant's decision, for any reason, not to annex into the City of Fort Lupton. In response to Commissioner James, Mr. Hall confirmed the Uses described by Mr. Troyer are compatible with the C-2 (General Commercial), 1-2 (Medium Industrial) or 1-3 (Heavy Industrial) Zone District and Mr. Troyer explained, after discussion with Mr. Cox and Mr. Hall, he chose the 1-3 (Heavy Industrial). Mr. Hall clarified, if a future buyer were 2021-1209 PL1865 HEARING CERTIFICATION - HARLEY AND PATRICIA TROYER (COZ21-0001) PAGE 4 to change the type of business on the subject parcel, they would have to go through the SPR process and there was discussion among the Board and Mr. Hall about what that would entail. • Commissioner Freeman acknowledged the subject site is adjacent to a major thoroughfare, stated he believed the COZ is in line with the Weld County Comprehensive Plan, relayed the SPR process would protect the City of Fort Lupton with regard to potential future businesses, and indicated he is in support of the application. Commissioner James relayed the proposed Use is compatible with the COZ, Chair Moreno agreed, and Commissioner Buck asserted a continuance would not have helped in this situation. After reviewing the Conditions of Approval, the Board made no changes. • In response to Chair Moreno, Mr. Troyer indicated he had reviewed, and agreed to abide by, the Conditions of Approval, as presented • Commissioner Freeman moved to approve the request of Harley and Patricia Troyer, for a Change of Zone, COZ21-0001, from the A (Agricultural) Zone District 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 James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. This Certification was approved on the 17th day of May, 2021. 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