HomeMy WebLinkAbout20211296.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE COZ21-0002 - GERRARD INVESTMENTS, LLC
Tyler
Exhibit Submitted By Paue # Description
Planning
A. Commission
Resolution of Recommendation
Planning
B. Commission
Summary of Hearing (Minutes dated 4/20/2021)
C. Planning Services PowerPoint Presentation
Larimer County,
Board of
D. Commissioners
E. Planning Services
Letter dated 5/4/2021 requesting denial of Change of
Zone (received 5/4/2021)
Request to delete the reference to a referral from the
Colorado Department of Wildlife from the Resolution
(received 5/11/2021)
F. Applicant PowerPoint Presentation (received 5/18/2021)
John Cummings,
Surrounding
G. Property Owner
H. Applicant
Gary Oplinger,
Surrounding
I. Property Owner
Dave Kisker,
Surrounding
J. Property Owner
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Letter of concern dated 5/18/2021 (received 5/19/2021)
Updated PowerPoint Presentation (received 5/19/2021)
Prepared statement for BOCC hearing (received
5/19/2021)
Prepared statement for BOCC hearing (received
5/19/2021)
2021-1296
• CASE NUMBER:
• APPLICANT:
• PLANNER:
• REQUEST:
COZ2 1-0002
GERRARD INVESTMENTS, LLC
ANGELA SNYDER
CHANGE OF ZONE FROM THE A
(AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT.
• LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4033, PART
SW4 SECTION 18, T5N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
• LOCATION: EAST OF AND ADJACENT TO CR 13;
NORTH OF AND ADJACENT TO CR 56.
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WELC COUNTY ADMINISTRATIGN BUILDING
1150 "O" Street • Grte!eY. CO 10631
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Por/�
Zoning
1-3 Uses
NO SITE PLAN
ASPHALT OR CONCRETE BATCH PLANT
COUNTY GRADER SHEDS
NONCOMMERCIAL TOWER
PUBLIC PARKS
PUBLIC SCHOOLS
TELECOMMUNICATION ANTENNA
TOWERS
BORROW PITS
UTILITY SERVICE FACILITIES
SITE PLAN REVIEW
AGRICULTURAL PRODUCTION
RESEARCH,
REPAIRING,
MANUFACTURING,
FABRICATING,
ASSEMBLING,
PROCESSING
BIOSOLID AND DOMESTIC SEPTAGE
DISPOSAL
BREWERIES, DISTILLERIES, AND
WINERIES
CAR WASHES AND GAS STATIONS
COMMERCIAL STORAGE BUILDINGS
CUSTOM MEAT PROCESSING
DISTRIBUTION CENTERS
GOLF COURSES
TRANSPORTATION HEADQUARTERS
HELIPORTS
INDOOR SHOOTING RANGES
LANDSCAPING COMPANIES
LUMBERYARDS/WOODWORKING
OFFICES
OIL AND GAS STORAGE FACILITIES
OIL AND GAS SUPPORT AND SERVICE
OUTDOOR STORAGE
ORGANIC FERTILIZER/ COMPOSTING
PARKING AREAS AND PARKING
STRUCTURES
PET CREMATORIES
POLICE, AMBULANCE, AND FIRE
STATIONS OR FACILITIES
RACING FACILITIES
REPAIR SERVICES
RETAIL/SERVICE ESTABLISHMENTS
SMALL SCALE SOLAR FACILITY
TRANSLOADING
THEATERS AND CONVENTION HALLS
VEHICLE SERVICE/REPAIR
ACCESSORY USES
AIRSTRIPS
CARGO CONTAINERS
LOADING AREAS
RECREATIONAL FACILITIES
SEMI -TRAILERS
STRUCTURES AND BUILDINGS
WIND GENERATORS
USES ALLOWED BY PERMIT
MANUFACTURED HOME
OIL AND GAS
PIPELINES
TEMPORARY SEASONAL USES
USES BY SPECIAL REVIEW
COAL GASIFICATION FACILITY
COMMERCIAL JUNKYARDS
COMMERCIAL SCHOOLS
COMMERCIAL TRUCK WASHOUT
FACILITIES
CORRECTIONAL FACILITIES
MAJOR FACILITIES OF PUBLIC
MEAT PROCESSING
MEDIUM SCALE SOLAR FACILITIES
OPEN MINING
PIPELINE - DOMESTIC WATER
RESEARCH LABORATORIES
SOLID AND HAZARDOUS WASTE
DISPOSAL
COMPREHENSIVE COMPATIBILITY
PLAN
WATER AND
SEWER
TRANSPORTATION
STANDARD
COMPLIANCE
(FLOODPLAINS,
GEOHAZARDS)
its
Change of Zone Criteria
Comprehensive Plan
Compliance
That the proposal is consistent with
Chapter 22 of this Code; if not, then
that the zoning of the property under
consideration is faulty, or that changing
conditions in the area warrant a Change
of Zone.
Compatibility with the Surrounding Area
The uses which would be allowed on the subject
property by granting the change of zone will be
compatible with the surrounding land uses.
Johnstown Comprehensive Plan
LIAR:15-0W
PET AAEMOR IA L,
EUTHANASIA
U SR 15-0075
CONSTRUCTION
BU SIN ESS
Surrounding Land Uses
U SR1841
GAS"LINE"12 "
U SR 15-0027
CONSTRUCTION BU S,
SHOP,`OFFICE
USR 15-0028
CELEBRAT ION S-CONF,
EXEC
c,
Availability of Water and Sewer
Adequate water and sewer service
can be made available to the site to
serve the uses permitted within the
proposed zone district.
Adequate Transportation Network
lint
EMS
Ili
Street or highway facilities providing
access to the property are adequate
in size to meet the requirements of
the proposed zone districts.
Johnstown
Y
f•
WCOTA►ti COLAT
z
2
J
8
i41
Standards Compliance
In those instances where the following
characteristics are applicable to the
rezoning request, the applicant has
demonstrated compliance with the
applicable standards: [overlay districts,
minerals, soils, geohazards]
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End of C0721 0002
LARIMER COUNTY I BOARD OF COUNTY COMMISSIONERS
P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970-498-7010, Larimer.org
Weld County Board of County Commissioners
1150 O Street, PO Box 758
Greeley, CO 80631
[DELIVERED VIA EMAIL TO: Kford@weldgov.com]
May 4, 2021
RE: Case #COZ21.0002, a change of zoning request from A Agricultural to 1-3 Heavy Industrial
Uses
Weld County Commissioners,
The Larimer County Board of County Commissioners appreciates the opportunity to respond to the
above -captioned land use case. We respectfully request that you deny the change of zoning request and
submit that the request does not meet Section 23-2-40-B.2 of the Weld County Code: "The uses which
would be allowed on the subject property by granting the change of zone will be compatible with the
surrounding land uses."
Larimer County parcels situated immediately to the west of the subject property are currently zoned RR -
2 Rural Residential and are located in the "Urban/Rural Interface" designation on the Comprehensive
Plan. Commissioners and staff received feedback from Larimer County residents who would be directly
and adversely impacted if this request were approved. Our community members have stated at the
Planning Commission hearing that the applicants have been good neighbors to date, however the
uncertainty of future uses is concerning. Our constituents have discussed with us the negative impacts
of noise, traffic, lighting, potential contamination, and future impacts to their quiet enjoyment of their
respective properties if the subject property were to pursue 1-3 Heavy Industrial uses.
Additionally, the property is located within the Johnstown Growth Management Area. This proposal
does not conform to the Johnstown Comprehensive Plan designation which contemplates residential
and low intensity uses for the area. The applicant contacted Johnstown on January 21, 2021 and
indicated that they were not interested in pursuing annexation at that time. However, future
annexation actions may be warranted, and the proposed use would remain incompatible.
The parcel is also located within a Cooperative Planning Area with the Town of Windsor. The Town of
Windsor finds that the uses allowed in 1-3 Heavy Industrial zoning are incompatible with the surrounding
n eighborhood and the future vision of the Highway 34 Corridor. The Town further noted the existing
n onconformity that this action intends to cure was created after surrounding uses were established,
therefore current site conditions "should not be used as a justification to expand incompatible land
u ses."
LARL FT.
t:0UNL \'
Page 2
IARIMER
COU[�"I1'
Understanding that the applicants do not have immediate plans for alternative uses on this property,
our concern centers on the range of incompatible uses that may be allowed in the future if this
proposed action is approved. If the Weld County Board of County Commissioners chooses to approve
this application, then the members of the Larimer County Board of County Commissioners fully support
a limitation on allowed uses as expressed in the Town of Windsor's proposed conditions of approval.
Thank you for your consideration.
Sincerely,
John Kefalas
Chair, District I
Kristin Stephens
District II
a d du
Jody Shadduck-McNally
District III
`l"fuLfr
EXHIBIT
el
D
Jessica Reid
From:
Sent:
To:
Subject:
Angela Snyder
Tuesday, May 11, 2021 3:13 PM
Jessica Reid
RE: COZ21-0002
Thanks! I actually can't find a referral from them! Can we strike it?
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyder@weldgov.com
(970) 400-3525
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Jessica Reid <jreid@weldgov.com>
Sent: Tuesday, May 11, 2021 2:50 PM
To: Angela Snyder <asnyder@weldgov.com>
Subject: RE: CO121-0002
Yes, sorry, I abbreviated. The reference is in 2.B of the PC Reso. "Referrals without concerns were received from
the following agencies: Colorado Geologic Survey, City of Greeley, City of Loveland, Larimer 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 not expressed concern, but submitted advisory comments
regarding site expansion."
I don't see the referral from them in Accela.
If this is an oil and gas communication please use the email address ctb-
oilandgasleasing(a�weldgov.com opposed to my personal email address.
Jess Reid
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
1
tel: 970-400-4212
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Angela Snyder <asnyder@weldgov.com>
Sent: Tuesday, May 11, 2021 2:28 PM
To: Jessica Reid <ereid@weldgov.com>
Subject: RE: COZ21-0002
I think it must mean CPW — Colorado Parks and Wildlife? Not really sure. I can't find the reference.
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyder@weldgov.com
(970) 400-3525
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Jessica Reid <.reid@weldgov.com>
Sent: Tuesday, May 11, 2021 1:20 PM
To: Angela Snyder <asnyder@weldgov.com>
Subject: COZ21-0002
Hey there,
Sorry to be a pain. The Reso refers to a referral without comments from CPAW, I don't see that in Accela.
If this is an oil and gas communication please use the email address ctb-
oilandgasleasingCc�weldgov.com opposed to my personal email address.
2
Jess Reid
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel 970-400-4212
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
3
EXHIBIT
inti,e___}-
%---1/4-d-2-‘ -- cepa .
GERRARD INVESTMENTS, LLC
REZONING APPLICATION
27154 County Road 13
Johnstown, CO 80534
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 1
WHY THE CHANGE OF ZONE
• Align zoning with site's actual — and future — use
• Site is an industrial site
• County's code amendments prohibit use in Agricultural zone and encourage
rezoning
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 2
Weld County Board of Commissioners
.. •
_ c „.„ •
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021
Nearby Infrastructure
HWY 34
Terminal -
Infrastructure
Legend
i
Little Thompson
Water District
Waterlines
Railroad
Major
Highway
Interstate
Hwy 34 Facility
Poudre Valley
Rural Electric
Association Int
Boundary
A
Scale(ml)
0 0.2 0.4 0.6
6
Compatibility
71,
Cam• c+.^Lett'
IrALTNer
Cal" lbw ca<ass t 0
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021
HWY 34
Terminal -
Surrounding
Land Uses
Legend
444+0441+ Railroad
Major
Highway
Interstate
Oil and Gas
Property
Hwy 34 Facility
Land Use
Commercial
Industnat/
Extraction
Residential
PUO - Mixed Use
I_ 1
A
Sca le(rn $ )
0 0 2 0.4 0.6
7
Compatibility
• Compatibility is a function of use, site characteristics, and development and
operational measures
• 1-3 Uses are made compatible by:
• Site Characteristics
• Site planning and operational characteristics
• Applicable federal, state and local law, including Weld County Code
• Five compatibility factors in this case
• Uses
• Views
• Noise
• Dust
• Stormwater
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 8
Use Limitations
Uses on a parcel are dictated by:
• User — Gerrard Investments, LLC
• Site Characteristics
• Medium size property — 37 acres
• Use of site will correspond to the surrounding infrastructure, including rail
• Use restrictions
• Legal limitations and performance standards
• Dust — CDPHE enforcement
• Odor CDPHE enforcement
• Noise — County enforcement
• Site Planning — County controlled
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 9
Examples of Industrial Uses
• Adult Business, Service or Entertainment Establishment
• A use of a research, repairing, manufacturing, fabricating, assembling, processing,
or storage nature
• Biosolid and domestic sewage disposal
• Breweries, distilleries, and wineries.
• Custom meat processing
• Distribution centers
• Lumberyards/Woodworking
• Meat processing
• Organic fertilizer production/composting
Gerrard Investments, LLC- Rezone Weld County Board of Commissioners May 19, 2021
10
USES
Uses by Right
•
.
•
•
Temporary asphalt or concrete batch
plan
Temporary borrow pits
Public Schools
Public Parks
Uses by Site Plan Review
• Adult business, service or
entertainment establishment
• Research, repairing, manufacturing,
fabricating, assembling, processing or
storage
.
Asphalt or concrete batch plants
Biosolid and domestic septage
disposal (allowed in A District)
• car washes and gas stations
• Commercial storage
• Commercial truck washout facilities
Custom meat processing
(allowed in A District)
• Distribution centers
• Headquarters or service facilities for
taxi services, bus services and other
services involving transportation of
people
Heliports (allowed by USR in A
District)
indoor shooting ranges
Gerrard Investments, LLC- Rezone
•
Lumber yards/woodworking (allowed by
USR in A District)
Meat processing
• Offices
• oil and gas storage facilities (allowed in A
District)
• Oil and gas support service (allowed by USR
in A District)
•
Organic fertilizer production/composting
facilities (allowed by USR in A District)
Outdoor storage (allowed in A District)
• Outdoor storage of public utility -related
equipment
• Parking areas and structures
• Pet crematories
• Police, ambulance, and fire stations or
facilities
Racing facilities (allowed by USR in A
District)
Repair service establishment (allowed by
USR in A District)
• Retail/service establishment
• Small scale solar facility (allowed by USR in
A District)
• Theatres and convention halls
Transloading (allowed by USR in A District)
• Vehicle service/repair establishment
Agricultural production (allowed by permit
in A District)
• Airstrips and airports
• Breweries, distilleries, and wineries
• Golf Coup yes (allowed by permit in A
District)
• Landscape companies (allowed by permit
in A District)
• Research laboratories
Accessory Uses
• Cargo containers
• Loading areas
• Semi -trailers as accessory storage
• Accessory structures and buildings
Uses Allowed by Permit
• One (1) manufactured home per lot
Weld County Board of Commissioners
May 19, 2021
11
Uses by Special Review
• Coal Gasification Facility
• Commercial Junkyards
• Correctional Facilities
• Heavy Manufacturing — Processing
• Major Facilities of Public Utilities or Public Agencies
• Medium Scale Solar Facilities
• Open Mining
• Petroleum Refineries
• Pipeline — Domestic Water
• Solid and hazardous waste disposal sites and facilities
• Telecommunications Antenna Towers
• Wind Generators
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 12
Approval Standards
• Consistency with comprehensive plan
• Compatibility with surrounding uses
• Adequate water and sewer service
• Adequate street and road facilities
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 13
Comprehensive Plan
• The site is located within a Weld County Opportunity Zone on the Comprehensive
Plan Map.
• Changes to Industrial uses are preferred in Weld County Opportunity Zones
pursuant to WCC § 22-4-10
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 14
Industrial Development Goals
• Section 22-2-70-80 Industrial Development
• "[E]stablish industrial areas where a balanced, diversified economy can be
e ncouraged in an effort to maintain and enhance the quality of life of Weld
County citizens. These Goals and Policies intend to assure desirable local
e mployment opportunities and to strengthen and stabilize the economy.
• A.I. Goal 1. Promote the location of industrial uses ... along railroad
infrastructure or where adequate services are currently available or
reasonably attainable.
• D.I. Goal 4 . All new industrial development should pay its own way.
• E.I. Goal 5. new industrial uses or expansion of existing uses should meet
e xisting federal, state and local policies and legislation.
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 15
Agriculture Goals
Section 22-2-20 Agriculture Goals and Policies
A. Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
• A. Policy 7.2 Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be
compatible with the region.
• A. Policy 7.3 Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is
located inside an intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or where adequate
services are currently available or reasonably obtainable. A municipality's adopted
comprehensive plan should be considered, but should not determine the
appropriateness of such conversion.
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 16
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EXHIBIT
G
Cot a -
May 18, 2021
From: John Cummings
26700 Weld County Road 13
Johnstown, CO 80534
To: Weld County Commissioners
c/o Angela Snyder, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Case COZ21-0002
FOR PUBLIC RECORD
Dear Commissioners:
I am working out of town and will not be able to make the Commissioners meeting to speak
about Case COZ21-0002 on May 19, 2021. I thought that I would be back, but the project is
taking longer than expected. Please accept my apology.
My property is just across the road (WCR 56) from the site. Mr. Gerrard's attorney made
statements during the Planning hearing trying to show that the area around COZ21-0002 is
already industrial zoning. Citing that my property is an industrial use because of the current
oil/gas drilling, which he will show a drone photo of the drilling operation on our property in his
presentation. As Weld County Commissioners, you know that these drilling operations are only
temporary and not industrial zoning. After all is completed, the well pad will take up less than
0.014 of an acre. This has no impact on surrounding residents or the area from an environmental
perspective.
The other issue is that he stated that the current property is already "industrial use" under
USR15-0075. The property is a parking and maintenance lot for Mr. Gerrard's construction
company and the remaining 25-30 areas is in prime farm land. The residents of the area never
complained about his facility because there were not any noise, dust or storm water issues.
The problem I see is that we do not know what Mr. Gerrard plans to put on this property if he
gets approval for the I-3 Heavy Zoning. He may even lease it to Martin Marietta for construction
of their MASSIVE APHALT PLANT OR TO A COMPANY FOR TRANSLOADING OF
MATERIALS. ANY WAY YOU LOOK AT IT, IT DOES NOT MEET WELD COUNTY
DEFINITION OF COMPATIBILTY WITH SURROUNDING USES.
Should you feel that you need to approve the I-3 zoning application for this property, in your
resolution please restrict the uses by right that could be placed on this property. No Asphalt
Plant, Transloading, Oil or Gas Storage, etc. Also, I would hope the commissioners would
develop the following resolutions for Mr.Gerrard's I-3 zoing if approved:
1. Require a 16 ft tall dirt berm planted with pine trees on the entire south and west border
of the site to block the view of the I-3 site to surrounding residents.
2. That stormwater be directed away from adjacent farm ground, laterals, and main
ditches.
3. That land owner or lessee maintain water quality before leaving any detention pond.
Thank you,
John Cummings
26700 Weld County Road 13
GERRARD INVESTMENTS, LLC
REZONING APPLICATION
27154 County Road 13
Johnstown, CO 80534
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 1
WHY THE CHANGE OF ZONE
• Align zoning with site's actual — and future — use
• Site is an industrial site
• County's code amendments prohibit use in Agricultural zone and encourage
rezoning
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 2
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•
•
. 14.:J
nts, Lit; Rezone
Weld County Board of Commissioners
i.g•e.
May 19, 2021 3
- •YM.w` . \-.. •--- s-.. wa.9'w-.-.-....Tw.t- a T~ .\M
Nearby Infrastructure
Gerrard Investments, LLC- Rezone
HWY Y 34
Terminal -
Infrastructure
Legend
Little Thompson
Water District
Waterlines
4.t. Railroad
Major
ismiwimmais Highway
Sri Interstate
Hwy 34 Facility
Poudre Valley
Rural Electric
Association. Inc
Boundary
A
Scale( me)
0.2 0.4
Weld County Board of Commissioners May 19, 2021
0.6
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021
Compatibility
HWY 34
Terminal -
Surrounding
Land Uses
Legend
}III Railroad
Major
Highway
Interstate
Oil and Gas
Property
Hwy 34 Facility
Land Use
Commercial
L
Industrial/
Extraction
Residential
PUD - Mixed Use
A
Scale4 m0)
0 02 0.4 0t+
Compatibility
• Compatibility is a function of use, site characteristics, and development and
operational measures
• 1-3 Uses are made compatible by:
• Site Characteristics
• Site planning and operational characteristics
• Applicable federal, state and local law, including Weld County Code
• Five compatibility factors in this case
• Uses
• Views
• Noise
• Dust
• Stormwater
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 8
Use Limitations
Uses on a parcel are dictated by:
• User — Gerrard Investments, LLC
• Site Characteristics
• Medium size property — 37 acres
• Use of site will correspond to the surrounding infrastructure, including rail
• Use restrictions
• Legal limitations and performance standards
• Dust — CDPHE enforcement
• Odor — CDPHE enforcement
• Noise — County enforcement
• Site Planning — County controlled
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 9
Examples of Industrial Uses
• Adult Business, Service or Entertainment Establishment
A use of a research, repairing, manufacturing, fabricating, assembling, processing,
or storage nature
Biosolid and domestic sewage disposal
• Breweries, distilleries, and wineries.
• Custom meat processing
• Distribution centers
• Lumberyards/Woodworking
• Meat processing
• Organic fertilizer production/composting
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021
10
USES
Uses by Right
•
•
Temporary asphalt or concrete batch
plan
Temporary borrow pits
Public Schools
Public Parks
Uses by Site Plan Review
• Adult business, service or
entertainment establishment
• Research, repairing, manufacturing,
fabricating, assembling, processing or
storage
Asphalt or concrete batch plants
Biosolid and domestic septage
disposal (allowed in A District)
• car washes and gas stations
• Commercial storage
• Commercial truck washout facilities
Custom meat processing
(allowed in A District)
• Distribution centers
• Headquarters or service facilities for
taxi services, bus services and other
services involving transportation of
people
Heliports (allowed by USR in A
District)
Indoor shooting ranges
Gerrard Investments, LLC- Rezone
.
Lumber yards/woodworking (allowed by
USR in A District)
Meat processing
• Offices
• Oil and gas storage facilities (allowed in A
District)
• Oil and gas support service (allowed by USR
in A District)
.
•
•
•
.
Organic fertilizer production/composting
facilities (allowed by USR in A District)
Outdoor storage (allowed in A District)
Outdoor storage of public utility -related
equipment
Parking areas and structures
Pet crematories
Police, ambulance, and fire stations or
facilities
Racing facilities (allowed by USR in A
District)
Repair service establishment (allowed by
USR in A District)
• Retail/service establishment
• Small scale solar facility (allowed by USR in
A District)
• Theatres and convention halls
Transloading (allowed by USR in A District)
• Vehicle service/repair establishment
Agricultural production (allowed by permit
in A District)
• Airstrips and airports
• Breweries, distilleries, and wineries
• Golf Courses (allowed by permit in A
District)
• Landscape companies (allowed by permit
in A District)
• Research laboratories
Accessory Uses
• Cargo containers
• Loading areas
• Semi -trailers as accessory storage
• Accessory structures and buildings
Uses Allowed by Permit
• One (1) manufactured home per lot
Weld County Board of Commissioners
May 19, 2021
11
Uses by Special Review
• Coal Gasification Facility
• Commercial Junkyards
• Correctional Facilities
• Heavy Manufacturing — Processing
• Major Facilities of Public Utilities or Public Agencies
• Medium Scale Solar Facilities
• Open Mining
• Petroleum Refineries
• Pipeline — Domestic Water
• Solid and hazardous waste disposal sites and facilities
• Telecommunications Antenna Towers
• Wind Generators
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 12
Approval Standards
• Consistency with comprehensive plan
• Compatibility with surrounding uses
• Adequate water and sewer service
• Adequate street and road facilities
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 13
Comprehensive Plan
• The site is located within a Weld County Opportunity Zone on the Comprehensive
Plan Map.
• Changes to Industrial uses are preferred in Weld County Opportunity Zones
pursuant to WCC § 22-4-10
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 14
Industrial Development Goals (old Code)
• Section 22-2-70-80 Industrial Development
• "[E]stablish industrial areas where a balanced, diversified economy can be
encouraged in an effort to maintain and enhance the quality of life of Weld
County citizens. These Goals and Policies intend to assure desirable local
employment opportunities and to strengthen and stabilize the economy.
• A.I. Goal 1. Promote the location of industrial uses ... along railroad
infrastructure or where adequate services are currently available or
reasonably attainable.
• D.I. Goal 4 . All new industrial development should pay its own way.
• E.I. Goal 5. new industrial uses or expansion of existing uses should meet
existing federal, state and local policies and legislation.
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 15
Agriculture Goals (Old Code)
Section 22-2-20 Agriculture Goals and Policies
A. Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
• A. Policy 7.2 Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be
compatible with the region.
• A. Policy 7.3 Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is
located inside an intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or where adequate
services are currently available or reasonably obtainable. A municipality's adopted
comprehensive plan should be considered, but should not determine the
appropriateness of such conversion.
Gerrard Investments, LLC- Rezone
Weld County Board of Commissioners May 19, 2021 16
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EXHIBIT
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Good morning/afternoon, Commissioners. Gary Oplinger, 27687 Hopi Trail,
Johnstown. Let me read you a citation from a 1959 Colorado Supreme Court case,
Holly Inc. v. Commissioners:
"If a general zoning ordinance is passed and persons buy property in a certain
district, they have a right to rely upon the rule of law that the classification made in
the general ordinance will not be changed unless the change is required for the
public good. * * * * * * * * * "* * * The power to amend is not arbitrary. It cannot
be exercised merely because certain individuals want it done or think it ought to be
done. The change must be necessary for the public good."
In the case before you, the applicant hasn't even stated a use to justify the change.
So how can you claim that the rezoning is being done for the public good? A
decision to approve would be purely arbitrary, according to the law. This is a
textbook example of a spot rezoning, which is unlawful in Colorado and in most, if
not all, other states. The courts hold that the public good is a benefit to all citizens
at large, like a school, police station, or park. A private business doesn't qualify.
The law in this case is clear. In this hearing you sit as judges with the responsibility
to follow the law, not to make it. President Trump appointed Justices Gorsuch,
Kavanaugh, and Barrett to the Supreme Court because they followed the law
they didn't legislate from the bench. As a Constitutional conservative I ask that
you follow their example by denying this application.
Public Comment COZ21-0002, Dave Kisker, President, CLR-34 Neighborhoods Assn.
19 May 2021
Today, as we did at the Planning Commission hearing, we have heard, or will
likely hear several claims about this application. We'll hear that "nothing will
change for the foreseeable future". We'll hear that the use is "already
industrial". We'll hear that the Site Plan Review Process will protect the
neighboring uses and make this site's unknown future uses "compatible".
And, we'll hear that this application should be approved because the
applicant has "property rights" that must be respected.
Some of these claims have been addressed in letters comments by neighbors
such as Mr. Cummings, Ms. Ross and Mr. Worthley. Despite claims to the
contrary, the current use is essentially an office building and parking lot, as
admitted by the applicant at the Planning Commission hearing.
That the current use need not bean industrial use is contained in the clear
language of the original USR resolution: It's a "Use permitted as a Use by
Right, an Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone". No further designation is made and, in fact, the Assessor
currently lists this parcel as commercial. And, if nothing is going to change,
why would there be a need for 1-3? Why not I-1?
Of course, we all know that many of the heavy industrial uses that would be
allowed by this rezoning will clearly be incompatible with the existing
surrounding residences, organic farms and small businesses, for examp1/2.
Although the Code explicitly requires exactly that compatibility, this
requirement will likely be given little consideration. Instead, vague
arguments have been made that hypothetical future industrial development
MAY eventually make it compatible with its surroundings.
But, make no mistake: what this application is actually requesting is a blatant
transfer of wealth from the neighboring properties to this applicant. It's as if
Boulder County demanded that Weld County subsidize the construction of a
new business park —a use of no benefit to Weld County residents For if
approved, the result will be that the neighbors will sacrifice value, while this
applicant uses the opportunity to increase his value by as much as 20X.
Each time one of these incompatible uses is approved, the surrounding
property owners' property rights are diminished and their quiet enjoyment
of their own property is sacrificed to an increasing degree. The wealth
gained by this applicant's opportunity is simply transferred without
compensation from the neighbors, many of whom have occupied their land
for decades and have made investments in their property because of their
reliance on the protection offered by the existing zoning.
When the time comes to cast your vote, ask yourself whose health, safety,
welfare and property rights are you respecting. Don't the long time
neighbors who rely on this board to do the right thing deserve your
consideration and respect? This sort of wealth transfer doesn't match the
principles of Weld County. Please deny this application.
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