HomeMy WebLinkAbout20211197.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
EXHIBIT
Co�a�-moo\
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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:
COZ21-0001
HARLEY AND PATRICIA TROYER
MICHAEL HALL
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
PART N2SE4 SECTION 7, T2N, R66W OF THE 6T" P.M.. WELD COUNTY;
COLORADO.
SOUTH OF AND ADJACENT TO CR 22.5; EAST OF AND ADJACENT TO CR 25.5;
WEST OF AND ADJACENT TO STATE HIGHWAY 85.
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.
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 22-4-10.A.1. being the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that areas of opportunity
for commercial and industrial development are logically developed based on transportation
infrastructure of roads and railroads.
The abutting proximity of this site to US Highway 85 allows for the convenient and efficient regional
transportation of goods and services that may be produced or received from a potential business on
this property. By rezoning the property to 1-3 (Heavy Industrial), a larger variety of anticipated future
uses may benefit from the nearby Highway.
Section 22-4-10.8.1, being the Weld County Opportunity Zone criteria, states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one-half
mile of US highways.
This property is located within the one-half mile buffer surrounding US Highway 85; therefore, is
classified as being located within a Weld County Opportunity Zone. As such, the County supports a
zone change in this area, assuming compliance with all other applicable Change of Zone
requirements of the Weld County Code.
B 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 surrounding lands area are a mix of agricultural, rural residential and industrial uses. The
surrounding lands are zoned A (Agricultural). The next closest, unincorporated, non -agriculturally
zoned properties are approximately 1.3 miles south of the site, located east of and adjacent to US
Highway 85 and are zoned 1-3 (Heavy Industrial). There are several Use by Special Review permits
in the immediate area including USR-1591 (outdoor storage facility), USR-911 (tractor and farm
implement sales), SUP -281 (compressor station), MUSR11-0002 (truck parking and maintenance
facility) and USR13-0027 (utility, excavation company and storage yard). This Change of Zone to 1-3
and the uses permittable in that Zone District will be compatible with the surrounding land uses.
The Department of Planning Services sent notice to ten (10) surrounding property owners within 500 -
feet of the subject parcel. No responses were received back.
The subject site is located within Weld County and City of Fort Lupton Coordinated Planning
Agreement (CPA) boundary. The Fort Lupton referral, dated March 16, 2021, does not support the
proposed Change of Zone to the 1-3 (Heavy Industrial) Zone District, as this area is designated as
RESOLUTION COZ21-0001
HARLEY AND PATRICIA TROYER
PAGE 2
"Commercial Transition" on the Fort Lupton Comprehensive Plan Future Land Use Map. For
reference, Fort Lupton has annexed and zoned a nearby parcel to C-2 (Heavy Commercial), located
approximately 0.15 miles north of the subject site, which was previously permitted by Weld County as
a mineral resource development facility (storage yard) via USR12-0019.
However, future land use permitting on the subject site, whether by Site Plan Review or Use by
Special Review will require uses to conform to appropriate Design and Operations Standards and will
include a landscaping and screening component, to ensure compatibility with the US Highway 85
corridor and surrounding land uses.
C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve the
uses permitted within the proposed zone district.
The COZ application materials included a copy of a non-exempt commercial water well permit
application, which was submitted to the Colorado Division of Water Resources (DWR) on January 20,
2021. Per the DWR referral dated January 26, 2021, this application is pending review. If approved,
the commercial well would provide adequate water service to a wide variety of potential uses in the I-
3 Zone District. Additionally, the DWR referral states that there is an existing irrigation well on the
property, permit number 4490-R. This well cannot be used at this time, unless the well is covered
under a court approved augmentation plan or State Engineer approved substitute water supply plan.
The COZ application materials included a preliminary subsurface exploration report, dated January
19, 2021. This report contained considerations for future on -site wastewater treatment systems.
(OWTS). There is no current permanent septic disposal method on -site.
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.
The property contains two (2) unpermitted access locations on to County Road 25 1/2, classified as a
local roadway on the Weld County Functional Classification Map. Access permits shall be obtained.
Additionally, this site is adjacent to US Highway 85, which is a positive factor to many potential
commercial and industrial users of this site. The Colorado Department of Transportation (CDOT) did
not respond to this referral request, but future coordination between the property owner and CDOT is
encouraged as the County Road 22% and US Highway 85 intersection may be impacted by the US
85 PEL (Planning and Environmental Linkage Study) and associated ACP (Access Control Plan).
Specifically, this intersection has been identified to be closed in the future, in conjunction with
proposed interchange improvements to the County Road 22 and US Highway 85 intersection, located
one-half (1/2) mile to the south.
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. — The proposed Change of Zone (COZ) is not located within the Airport,
I-25, Historic Townsite, or Geological Hazard Overlay Districts and is not located within a
Special Flood Hazard Area. No additional compliance with Overlay Districts must be
demonstrated.
Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the present or
future extraction of mineral resources, more so than the existing zoning. The preliminary
subsurface exploration report, dated January 19, 2021, as submitted in the application
materials, identifies that the mineral resources under the subject property► may contain
aggregate resources, specifically gravel deposits along stream terraces. However, open mining
and the processing of materials is permitted via a Use by Special Review permit in both the
existing A (Agricultural) Zone District and the proposed I-3 (Heavy Industrial) Zone District. As
a result, extraction of such minerals is not impeded with respect to permitting if the Change of
Zone is approved. Additionally, the proposed use of this site as detailed in SPR21-0003, does
not include structures which would preclude mining.
RESOLUTION COZ21-0001
HARLEY AND PATRICIA TROYER
PAGE 3
3) Section 23-2-30.A.5.c. — The overall use on the subject property will not change with the
approval of this Change of Zone, as a pending Site Plan Review seeks to simply expand the
existing auction facility. The USDA Natural Resources Conservation Service (NRCS) Custom
Soil Report, dated December 1, 2020, as submitted in the application materials, describes the
property containing low -slope Altvan loam soils that do not inhibit or preclude potential on -site
construction. This soil type is classified as "Not prime farmland" and is considered well -drained
soil. Additionally, the preliminary subsurface exploration report did not describe any moderate
or severe soil limitations that would preclude development.
This recommendation 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 I-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall acknowledge the referral comments from the Colorado Division of Water
Resources, as stated in the referral response dated January 26, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall attempt to address the recommendations from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated February 4, 2021. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ21-0001. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
D. Show and label the County Road 22 and US Highway 85 intersection in accordance with the US
85 PEL (Planning and Environmental Linkage Study). (Department of Planning Services)
E. County Road 22 1�� 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. It is noted that CR 22 Y2 west of the intersection with CR 25
1/2 is existing maintained right-of-way with no documentation. The right-of-way east of the intersection
of CR 25% should be researched to determine its existence. (Department of Public Works)
F. County Road 25 1�2 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
RESOLUTION COZ21-0001
HARLEY AND PATRICIA TROYER
PAGE 4
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. It is noted that north of CR 22 1/2 intersection, CR 25% is
unmaintained petition right-of-way. (Department of Public Works)
G. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way. (Department of Public Works)
H. Show the approved Colorado Department of Transportation (CDOT) access point on the plat and
label with the approved access permit number if applicable. (Department of Public Works)
I. Show and label the existing access point and the usage type(s) (Agricultural, Residential,
Commercial/Industrial, or oil and Gas). Public Works will review access locations as a part of the plat
submittal. (Department of Public Works)
J. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on
the plat. (Department of Public Works)
The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-9991, allows for 1-3 (Heavy Industrial) Zone District uses which shall
comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County
Code, as amended. (Department of Planning Services)
Any future structures or uses on site may be required to obtain approval through a Site Plan
Review or Use by Special Review and the appropriate zoning and building permits. (Department of
Planning Services)
The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
4) 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)
5) Ifth-ea s
County right of way will not be the responsibility of Weld County. (Department of Public Works)
6) 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)
7)
plat, including owners of future lots created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of such easements. No lot owner may
insta a gate or otierwise impec e tie use of suc -i easements wit lout tie approva of a persons
with rights of use of such easements. (Department of Public Works)
8) 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)
Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved' access location as shown on this plat. (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 COZ21-0001
HARLEY AND PATRICIA TROYER
PAGE 5
11) The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12) Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by an on -site wastewater treatment system 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) 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)
18) 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)
19) 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 people 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.
4. 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. Upon
approval of the plat the applicant shall submit 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 plat shall be prepared in accordance with the
RESOLUTION COZ21-0001
HARLEY AND PATRICIA TROYER
PAGE 6
requirements of Section 23-2-50.0. and D. of the Weld County Code. 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.
5. 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.
6. 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.
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.
Motion seconded by Sam Gluck.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Against Passage Absent
Troy Mellon
Dwaine Barclay
Butch White
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 2Q'" of April, 2021
43\feekintai eateL6Wikta
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 20, 2021
COtat -O 601
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:
COZ21-0001
HARLEY AND PATRICIA TROYER
MICHAEL HALL
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
PART N2SE4 SECTION 7. T2N, R66W OF THE 6TH P.M.. WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 22.5: EAST OF AND ADJACENT TO CR
25.5; WEST OF AND ADJACENT TO STATE HIGHWAY 85.
Commissioner Stille noted that he knows the applicants and has bought and sold items through the Troyer
Auction. He feels that he can be unbiased in this case.
Michael Hall, Planning Services, presented Case COZ21-0001, reading the recommendation and
comments into the record. Mr. Hall noted that this site is located within a quarter -mile of a municipality.
Development of these properties are typically encouraged to annex into a municipality; however, this
property is also located within the Weld County Opportunity Zone, in this instance defined as being within
one-half mile on either side of a US Highway.
Mr. Hall stated that no correspondence or phone calls were received from surrounding property owners.
He added that Platteville was not interested in annexation; however, Ft. Lupton was interested in annexation
but the applicant was not interested during the pre -application phase of the case. During the referral
process, Ft. Lupton submitted comments that does not support the change of zone to the 1-3 (Heavy
Industrial) Zone District as this area is designated as Commercial/Transition on the Ft. Lupton
Comprehensive Plan Future Land Use Map. Mr. Hall added that Ft. Lupton has annexed and zoned a
nearby parcel to C-2 being their Heavy Commercial Zone District and is located approximately 0.15 miles
north of the subject site.
The Department of Planning Services recommends approval of this application along with conditions of
approval and plat notes. Mr. Hall stated that this property is located within a Weld County Opportunity Zone
and being adjacent to Highway 85, both being factors that readily support industrial zoning.
Commissioner Mellon referred to the application where it identifies that it was not in violation and asked if
in Staff's inspection should it have been placed in violation. Mr. Hall said when the application was initially
submitted, the applicants were currently operating under the current USR which is permitted for an existing
auction facility but for limited agricultural uses. Sometime during the processing of this application. the
applicant may have gotten a little premature in developing this site. He added that a lot of the concerns will
be mitigated as part of the pending Site Plan Review and staff has built in several conditions on the Staff
Report.
Commissioner Mellon asked if the 1-3 is the only county zoning that would accept these uses by right. Mr.
Hall replied that these uses would be permittable in the C-3 (Business Commercial), 1-2 (Medium Industrial)
and 1-3 (Heavy Industrial) Zone District. He added that all three options were presented to the applicant in
the pre -application meeting and 1-3 is what they ended up selecting.
Commissioner Cope referred to the new code changes and asked if the other USRs that are in the
neighborhood wanted to do any sort of amendments they would have to go through the same type of change
of zone. Mr. Hall said that unless the USR's specific request language that was permitted is still retained
as an allowed or permittable use in the agricultural zone district, they would still be able to operate and be
amended; however those uses which have been removed as part of 2019 Ordinance would not be allowed
in the agricultural zone and would have to go through the change of zone and repermitting process to meet
the code.
Melissa King, Public Works, reported on the existing traffic and access to the site. Ms. King said that
subsequent to the submittal of this application the applicant has obtained two (2) permitted existing access
points onto County Road 25.5. Therefore, she requested the removal of Condition of Approval 2.J and Plat
Notes 3.5 and 3.7.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, and on -
site dust control.
Chad Cox, Western Engineering Consultants, 127 South Denver Avenue, Ft. Lupton, stated that he is
representing the applicants. Mr. Cox stated that Troyer Auctioneers has had a long-standing business and
through covid and the Weld County code changes their business is also changing. He added that are
moving from on -site auctions to virtual auctions. They are anticipating 14 auctions per year. He said that
there is no plan or need at this time for water and sewer but all the steps have been taken to prove that
those sources can be provided.
Mr. Cox added that they have had discussions with Ft. Lupton on the types of business that could occur
and have verbally entered into a preliminary pre -annexation agreement that would require the owner (both
current and future owners) of the property and stipulates that any uses of special use under 1-3 will have to
be approved through the City of Ft. Lupton. He added that they believe this is a fair agreement with the
City of Ft. Lupton.
Commissioner Holland asked why they chose 1-3 for zoning instead of the other options. Mr. Cox said that
1-3 gives the property the most options and since it was one of the allowed zones it was chosen.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Zoe Stieber, Mayor of Ft. Lupton, stated that they objected to the 1-3 zoning because this is the entrance to
their city and they wanted an attractive gateway into their town. She added that they felt the commercial
zoning would have been a better choice and more in alignment with Ft. Lupton's future needs. Ms. Stieber
said that they have had a nice discussion with the applicants and things are moving towards a good
resolution. She added that the screening has helped a lot and they are in favor of a pre -annexation
agreement.
Todd Hodges, City of Ft. Lupton, 130 South McKinley Avenue, stated that they have worked hard to clean
up property on County Road 22.5 and zoned it to C-2 as it is a transitional area in their comprehensive plan.
They have made good headway and appreciate talking with the applicants and feel that they are moving
toward the right direction. Mr. Hodges requested that a condition of approval be added prior to recording
the change of zone that would allow them to work out a pre -annexation agreement. He added that they
are not adverse with the site plan that they are proposing as it fits in their C-2 zoning.
Commissioner Mellon asked the Mayor if it is her position, based on the current discussions, that they are
withdrawing their objection. Ms. Stieber said that if the pre -annexation agreement is in place, then yes.
Commissioner Gluck asked if it is a deal breaker if they continue with 1-3 zoning. Ms. Stieber said that
according to their Comprehensive Plan it would not meet the existing designations. Mr. Gluck asked if they
would allow some negotiations or amend something in the municipal plan to allow them as the landowners
to do that. Ms. Stieber said that they are always willing to talk.
Commissioner Holland asked that if the Board of County Commissioners doesn't agree to the change of
zoning, would that cause the applicants to go towards annexation. Mr. Hall said that should the change of
2
zone be denied, the applicant has the right to operate under the existing approved USR Permit from 2008;
however, should they wish to expand the facility then an alternative option would be for them to explore
annexation, zoning and development of the property within the Ft. Lupton city limits.
Mr. Cox said that they have had a lot of projects in Weld County and added that with annexing into a city
there is cost and time. He added that they have a great working relationship with the City of Ft. Lupton.
However, for the applicant's business they have some clients that are looking to do business elsewhere
without the applicant's opportunity to continue forward. So, in the effort of time, it was decided to stay within
Weld County. In regard to the choice of 1-3, it was available and he said that he should have done a little
more homework as the concerns that Ft. Lupton has for the special uses. However, they believe that the
choice of 1-3 gives them financially the best value and opportunity for that property.
Harley Troyer, 10910 CR 28, Ft. Lupton, stated that after visiting with the neighbors around this property
about the options of zoning or annexation they pushed back on annexation and encouraged him to not
annex. He said that he didn't want to upset his neighbors so that is why they chose to stay within Weld
County and pursue the 1-3 zoning.
Commissioner Gluck said that he appreciated that it is your land and would like to keep all options open
down the road. Mr. Troyer said that they do not intend to have a salvage yard or mess up the neighborhood.
Mr. Hall noted that a commercial salvage yard would be a USR in the 1-2 and 1-3 zone district so it would
require additional approval. He added that many of the allowable site plan review uses are fairly consistent
across 1-2, 1-3, and C-3.
The Chair asked Staff if there are any changes to the resolution. Mr. Hall referred to the request from the
City of Ft. Lupton regarding a pre -annexation agreement and has language if the Planning Commission
wants to add it. Commissioner Cope felt that could be presented to the Board of County Commissioners
for determination. Commissioner Mellon agreed and said that the agreement might finalized by the time
the Board of County Commissioners hear this case.
Ms. King requested deletion of Condition of Approval 2.J and Plat Notes 3.5 and 3.7.
Motion: Delete Condition of Approval 2.J and Plat Notes 3.5 and 3.7, as recommended by Staff, Moved
by Gene Stille, Seconded by Sam Gluck. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Plat Notes and Conditions of Approval
and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Mellon said that in the municipal world they zone to intent and not to the highest zone. He
tends not to concur with the 1-3 zoning.
Commissioner Gluck stated that he believes a landowner should be able to do what he wants to with his
property.
Motion: Forward Case COZ21-0001 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 Gene
Stille, Seconded by Sam Gluck.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope.
No: Troy Mellon.
Meeting adjourned at 5:19 pm.
Respectfully submitted,
`&66ilt-• 114I'.LiYl.
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME
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Doe
123 Nowhere
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