HomeMy WebLinkAbout20211297.tiffHEARING CERTIFICATION
DOCKET NO. 2021-26
RE: CHANGE OF ZONE, COZ21-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - GERRARD INVESTMENTS, LLC
A public hearing was conducted on May 19, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, 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, Angela Snyder
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
la 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 Gerrard
Investments, LLC, for a Change of Zone, COZ21-0002, from the A (Agricultural) Zone District to
the 1-3 (Heavy Industrial) Zone District. Bob Choate, Assistant County Attorney, made this a
matter of record.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal,
the location of the site, noted the existing business on the subject parcel was permitted under
USR-1575 and described the adjacent sites. She outlined the criteria the Board must consider for
a Change of Zone (COZ) and mentioned the subject site is within a Weld County Opportunity
Zone and is .5 miles from the Town of Johnstown's limits, therefore, a COZ is supported in this
area. She stated the site is compatible with surrounding uses which consist of rural residential,
agricultural and industrial and relayed the Town of Johnstown's referral response recommended
denial, based on compatibility with future plans for the area. She displayed an image of the
surrounding zoning and uses and noted the three (3) rail lines within one (1) mile of site, asserting
the area is unlikely to be a location for future residential development. She explained the existing
business uses buildings to screen from surrounding property owners (SPOs) and indicated the
Planning Commission (PC) did find that staff can mitigate compatibility issues, that may arise on
the site. Ms. Snyder confirmed adequate water and sewer services are available, cited Weld
County Code Section 23-3-330, which reads, in part, "Properties zoned 1-3 should be located near
transportation infrastructure such as highways, railroads, or Airports", and stated the site is
adjacent to County Road (CR) 13, .5 miles from U.S. Highway 34, and is in close proximity to
three (3) rail lines. She indicated there are no concerns with the site regarding compliance with
applicable standards, displayed images of the site and surrounding views and entered the
favorable recommendation of the Planning Commission into the record as written. In response to
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Commissioner James regarding required screening, Ms. Snyder clarified the Code states
1-3 (Heavy Industrial) uses have to be screened from any property not also zoned 1-3 (Heavy
Industrial), confirmed the Code does not specifically address screening for auditory impacts, and
relayed the existing use is potentially compatible under the 1-2 (Medium Industrial), but definitely
not the I-1 (Light Industrial) Zone District.
e Melissa King, Department of Public Works, stated the parcel has an existing, permitted,
industrial access onto CR 13 and relayed, per the Traffic Narrative provided, the County Road
facilities providing access to the site are adequate to meet the traffic requirements.
e Lauren Light, Department of Public Health and Environment (EH), reviewed the water and
sewer provisions, stating the site is served by the Little Thompson Water District and has a septic
system permitted/sized for 30 people. She noted on -site dust and waste handling would be
addressed during the Site Plan Review (SPR) process and mentioned EH provided notes for the
plat.
Patrick Groom, Witwer, Oldenburg, Barry and Groom, LLP, represented the applicant and
thanked staff for their assistance throughout the application process. He stated the COZ aligns
with the site's current and anticipated, future use, mentioned the site is in a Weld County
Opportunity Zone and relayed the site is bordered by two (2) rail lines, adjacent to CR 13, and
is .5 miles from U.S. Highway 34. He explained the applicant does not intend to change its current
use, noted a SPR is in process and referenced a PowerPoint presentation (Exhibit H). He
described the subject site and surrounding sites and relayed the adjacent Rock and Rail facility
is zoned 1-3 (Heavy Industrial), therefore, no screening between the two sites is required. He
displayed images showing nearby infrastructure, including rail lines, commercial development,
U.S. Highway 34, and surrounding property zoning and uses and cited Section 23-3-40, asserting
the COZ is consistent with the changes made to the Weld County Comprehensive Plan.
Mr. Groom explained compatibility can be met with mitigation for things such as noise, dust and
stormwater, and/or can be met by site characteristics, site planning, and applicable federal, state
and local laws. He provided examples of industrial uses, many of which are allowed in the
A (Agricultural) Zone District with a SPR or a Use by Special Review (USR) Permit, and relayed
the most intense uses in the 1-3 (Heavy Industrial) Zone District require a USR. He went on to
demonstrate how the site meets the other Approval Standards of adequate water/sewer service
and street/road facilities. In response to Commissioner James, Ms. Snyder indicated the nearby
pet crematorium and storage facility were permitted with USR Permits in the A (Agricultural) Zone
District. She continued, storage facilities are no longer allowed in the A (Agricultural) Zone District;
if they wanted to expand they would have to apply for a COZ to the 1-2 (Medium Industrial),
1-3 (Heavy Industrial) or C-2 (Medium Commercial) Zone District and confirmed pet crematoriums
are allowed in A (Agricultural) and Industrial Zone Districts. Responding to Commissioner Buck's
question about stormwater, Ms. Snyder stated drainage/detention design was done with
USR-1575, and Ms. King relayed stormwater is not part of a COZ review; however she did
re -review the Detention/Stormwater Report approved in 2016, stating it is valid and includes
detention and water quality, and the site is up to date for stormwater management. Mr. Groom
reiterated stormwater will be reviewed in the SPR process and noted no violation has been
reported, related to the subject parcel. Addressing Commissioner Buck's question regarding
screening, he relayed the screening for the existing use has been approved through the USR
process. Responding to Commissioner James, Mr. Groom confirmed there is a narrative related
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to rail in the Town of Johnstown's Comprehensive Plan and stated the Plan does not bind the
County in any way, either through an Intergovernmental Agreement (IGA) or the Weld County
Code. He went on to say he does not want to speculate on the Town of Johnstown's
recommendation of denial and he believes Johnstown supports industrial development.
e Gary Oplinger, Indian Head Estates resident, read a prepared statement (Exhibit I), stated
the COZ is spot zoning and asked the Board deny the application. In response to
Commissioner James regarding spot zoning and the adjacent Rock and Rail site being zoned
1-3 (Heavy Industrial), Mr. Oplinger relayed the Rock and Rail site is currently under litigation,
therefore, he did not want to discuss it.
e Steve Teets, Greeley resident, had questions regarding a future owner wanting to change
the property back to an agricultural use, reiterated the Town of Johnstown is not in support of the
COZ and expressed concern that U.S. Highway 34 is already busy but noted CR 13 could handle
more traffic.
e Janet Ross, surrounding property owner so the south, stated the wall between the subject
site and the Rock and Rail site helps mitigate noise and dust and expressed concern they may
tear the wall down if screening is not required between two (2) 1-3 (Heavy Industrial) Zoned
properties. She relayed Gerrard Investments, LLC, has been a great neighbor but the future
development of the property is uncertain, her quality of life has deteriorated since Rock and Rail
started operation and reiterated the wall helps with noise and dust. She requested the Board deny
the application due to the uncertainty of associated traffic on CR 56 and noise/light pollution. In
response to Commissioner James, Ms. Ross confirmed the existing use is compatible.
Commissioner Freeman reiterated a future change of use would be subject to the SPR process,
and Commissioner Buck spoke about the relationship between Gerrard Investments, LLC, and
the SPOs.
ID Dakota Cotner, property owner adjacent to the subject site, stated her property shares two (2)
fence lines with the subject property and she does not approve of the site's existing USR. She
relayed there is no buffer between her home and the subject site and mentioned she made
requests for mitigation at the PC hearing. She displayed an image of her barn, explained the noise
is her biggest concern and mentioned she had an opportunity to purchase the subject site when
she bought her home. She affirmed the existing site is held to the residential noise level, per USR-
1575, asked the Board to maintain that noise level for any future uses, and in response to
Commissioner James, Ms. Cotner confirmed where her property line is. She indicated she
believes a happy medium can be reached with regard to visual/sound mitigation and stated she
wished Gerrard Investments, LLC, would have come to speak with her prior to submitting the COZ
application. Lastly, Commissioner Buck thanked Ms. Cotner for her input.
e Dave Kisker, Indian Head Estates resident and president of the CLR-34 Neighborhoods
Association, read a prepared statement (Exhibit J) opposing the COZ application. He asserted
the Planning Staff had not reached out to the SPOs for input regarding the current SPR for the
nearby Rock and Rail property and asked for denial of the application.
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IE Mr. Groom addressed Ms. Ross' comment regarding the existing Rock and Rail wall and
clarified he is not suggesting the wall come down, rather, was referring to what screening would
be required on the subject site if the COZ was approved. Referencing Ms. Cotner's comment
regarding the lack of outreach by the applicant, he affirmed it is because the application is for a
COZ, not a Site Plan or a change of use and confirmed they will do outreach if/when they get to
that point. Referencing Mr. Kisker's comment regarding public comment for a SPR he clarified,
although there is not a hearing for a SPR, the public can provide comment to the County as it
relates to a specific SPR. He explained any change to land use is going to impact SPOs in
different ways and relayed the railroad spurs have been there for close to a century and people
living and moving into the area should anticipate commercial/industrial development near rail
roads. He displayed an image submitted by SPO, John Cummings (Exhibit G), of a major well
pad being constructed on the Cummings' property and asserted this is the type of activity
occurring in the area of the subject site.
e In response to Commissioner James, Ms. Snyder explained, a SPR is essentially the process
of permitting a Use by Right, therefore, no notice is given to SPOs, no sign is posted, and there
is not a public hearing. She relayed any protections for SPOs are coming from Code, all records
are available online and SPOs are welcome to submit comments for consideration.
e Responding to Chair Moreno, Mr. Groom stated, although not opposed to the Conditions of
Approval (COA) themselves, he did not believe #1.B.9, #1.B.7, #1.B.6, #1.B.11, #1.B.12, #1.B.13
or #1.6.16, were appropriate to put on the plat map for a COZ, as they were related to Site Plan
Conditions or specific uses on the property. In response to Commissioner Freeman, Mr. Choate
clarified they are not additional restrictions to what is found in the Code, stating the purpose of
the notes on the plat is to put future purchasers on notice of the Conditions and recommended
the Board leave them. Mr. Groom specifically opposed #1.B.12 (Water service may be obtained
from the Little Thompson Water District) and Ms. Light pointed out the Condition reads, "may be
obtained', asserting it does not have to be obtained from the Little Thompson Water District and
the Board agreed to leave it and made no further changes.
El Commissioner James cited Section 23-2-40.B.1 and stated the application is consistent with
the Weld County Comprehensive Plan, which provides for Opportunity Zones and speaks to
means of transportation, which are provided by the subject site. Additionally he stated the
application meets Sections 23-2-40.B.3 (adequate water/sewer service), 23-2-40.B.4 (adequate
infrastructure) and 23-2-40.B.5 (Standards of compliance) and Commissioner Freeman agreed.
There was discussion among the Board regarding Section 23-2-40.B.2 (compatibility) and they
all agreed the site is compatible with surrounding uses.
El Commissioner Freeman moved to approve the request of Gerrard Investments, LLC, for a
Change of Zone, COZ21-0002, 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. The motion was seconded by Commissioner Saine and
Chair Moreno stated he appreciated the SPOs comments, acknowledged their concerns about
the unknown future, and reiterated a future use will have to go through a different process. The
motion carried unanimously and there being no further discussion, the hearing was completed at
11:22 a.m.
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This Certification was approved on the 24th day of May, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d4Mvt) ' •X,L;e1
Weld County Clerk to the Board
BY:
Steve / oreno, Chair
A/It/1€,;1?,4_-
Sc • ames, Pro-Te
eputy Clerk to the Board
Perry L. B
ike Freeman
Lori Sa.
2021-1297
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