HomeMy WebLinkAbout20210095.tiffHEARING CERTIFICATION
DOCKET NO. 2021-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
COZ20-0007, FOR A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - WESTERN
EQUIPMENT AND TRUCK, INC.
A public hearing was conducted on January 6, 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, Maxwell Nader
Public Works Department representative, Zackery Roberson
Health Department representative, Lauren Light
The following business was transacted:
• I hereby certify that pursuant to a notice dated November 16, 2020, and duly published
November 20, 2020, in the Greeley Tribune, a public hearing was conducted to consider the
request of Western Equipment and Truck, Inc., for a Change of Zone, COZ20-0007, from the
A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
• Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
and explained Dan Baker purchased the property after the Change of Zone application submittal
by Western Equipment and Truck, Inc. (Exhibit D). He stated the applicant's business, Dan's
Garage, is being relocated due to an upcoming Colorado Department of Transportation (CDOT)
project, which is proposed to go through the property on which the business currently sits. He
stated staff received two (2) letters of concern (PC Exhibit 4 and BOCC Exhibit D) from the same
surrounding property owner (SPO) and the site is located within the three (3) mile referral area of
the Towns of Milliken, LaSalle and Gilcrest and the City of Evans. He stated the applicant met
with the City of Evans to discuss annexation, but no agreement was reached, provided the general
location of the site, and outlined surrounding zoning and uses. Mr. Nader entered the favorable
recommendation of the Planning Commission into the record as written, stated the application
has shown compliance with Weld County Code Section 23-2-50, listed the Sections of Chapter 22
in which the application is consistent, and displayed images of the site and surrounding views.
• Zackery Roberson, Department of Public Works, provided the traffic counts for County
Road (CR) 35 and 46 and in response to Commissioner James, described CDOT's plans as
outlined in the US Highway 85 Planning and Environmental Linkages (PEL) Study.
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2021-0095
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HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC. (COZ20-0007)
PAGE 2
Lauren Light, Department of Public Health and Environment, stated the Central Weld County
Water District (CWCWD) will provide water, there will be a commercially -designed septic system
and in response to Commissioner James, Ms. Light clarified the language in Condition of Approval
(COA) #1.F.4 (sewage disposal). Mr. Roberson provided the Board with an illustration showing
CDOT's plans at County Road (CR) 35 and 46 (Exhibit F).
IE Eric Wernsman, Wernsman Engineering and Land Development, LLC, represented the
applicant, provided the history of Dan's Garage and reiterated the necessity of moving the
business. He stated they met with the City of Evans, but the applicant did not feel annexing would
provide value to the project, due to the cost, and mentioned the applicant will use the existing
water tap and provide his own leach field for sewage, on the new site.
• Steve Teets, Greeley resident, stated Weld County is known for agriculture and expressed
concern about Agricultural land being changed to the Industrial Zone and possible future
development impacting farming.
• Wesley Loetz, Front Row Land Solutions/CDOT consultant, stated he is working with the
applicant on the relocation site and stated it is a good replacement site for the business, given its
proximity to U.S. Highway 85.
• In response to Commissioner James, Mr. Wernsman indicated the applicant chose to pursue
a Change of Zone, opposed to a Use by Special Review Permit, because of the allowance of
outdoor storage. Responding to Commissioner Freemen, Mr. Wernsman stated The Farmers
Reservoir and Irrigation Company (FRICO) requested the applicant not build 30 feet from the
centerline of the ditch. Commissioner James mentioned Finding #3.C does not read the same as
COA #1.F.4 and Mr. Choate explained they will be worded to match during staff's finalization of
the Resolution.
In response to Chair Freeman, Mr. Wernsman indicated he had reviewed, and on behalf of
the applicant, agreed to abide by, the Conditions of Approval as written.
le Commissioner Freeman moved to approve the request of Western Equipment and Truck,
Inc., for a Change of Zone, COZ20-0007, from the A (Agricultural) Zone District to the I-2 (Medium
Industrial) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval, as written. The motion was seconded by
Commissioner Saine, and Commissioner Freeman stated this application was an example of the
intent of the Comprehensive Plan, to encourage industrial development along major corridors,
and Commissioner James concurred. There being no further discussion, the motion was carried
unanimously, and the hearing was completed at 10:31 a.m.
This Certification was approved on the 11th day of January, 2021.
2021-0095
PL2776
HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC. (COZ20-0007)
PAGE 3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ds,,,fm„;�
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Stev / oreno, Chair
erry L. uck
Mike Freeman
Lori
2021-0095
PL2776
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