HomeMy WebLinkAbout20201417.tiffHEARING CERTIFICATION
DOCKET NO. 2020-32.B
RE: CHANGE OF ZONE, COZ20-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - SCOTT AND LYNN LARAMORE
A public hearing was conducted on June 17, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
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 April 17, 2020, and duly published April 22,
2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Scott
and Lynn Laramore, for a Change of Zone, COZ20-0002, from the A (Agricultural) Zone District
to the 1-2 (Medium Industrial) Zone District. At said hearing on May 20, 2020, the matter was
continued to June 17, 2020, to allow the applicant's representative to be present. Bob Choate,
Assistant County Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, indicated 14 referrals were sent out and 11 agencies
responded, and stated the Planning Staff and the Planning Commission are recommending denial
of the application. She relayed the applicant wishes to rezone three (3) adjacent lots, each
approximately three (3) acres in size, which were created through the Recorded Exemption
process, and noted one (1) lot has a home, built in 1948, and one (1) lot has a barn with cattle
sheds, and a riding arena, and reviewed the access points. She referred to Weld County
Code, Section 23-3-310.E.1, and stated this Code does not apply to the permanent, framed
homes on the property. She provided the background on the application and affirmed the Planning
Staff could not support the application due to the zoning of adjacent properties, surrounding uses,
and lack of compatibility and adequate transportation infrastructure. She referenced the City of
Greeley's Master Plan, stating the site is within the City's Urban Growth Boundary, their
Comprehensive Plan, which identifies the area as an Urban Reserve area, and cited Code Section
22-2-20.1.2, A.Policy 9.2, regarding the characteristics and compatibility of the region. Ms. Aungst
entered the unfavorable recommendation of the Planning Commission (PC) into the record as
written, displayed images of the site and surrounding views, and referenced the City of Greeley's
Land Use Guidance Map. In response to Commissioner Kirkmeyer, Kris Pickett, applicant's
representative, explained what the colors on the Land Use Guidance Map represented.
c e,'. Q ADR- i1'), Q w (Ani4 /DM `c,t40-O
7/2-9 /2O2O
2020-1417
PL2749
HEARING CERTIFICATION - SCOTT AND LYNN LARAMORE (COZ20-0002)
PAGE 2
El Melissa King, Department of Public Works (PW), stated access is on County Road (CR) 66,
also known as AA Street, at two (2) permitted access points. She noted the current Access
Permits are for residential purposes, therefore, the applicant will need to apply for new Access
Permits that acknowledge the change of use. She indicated PW is requiring an Improvements
Agreement for on-site/off-site improvements at this location, and in response to
Commissioner Kirkmeyer, she indicated she would research whether O Street is an arterial road.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the residence is served by the North Weld County Water District (NWCWD),
and has a septic system permitted for three (3) bedrooms. She indicated, depending on what
happens with the residence, the system may need to be evaluated for commercial use, and
referenced the executed Water Service Agreement.
• Kris Pickett, JKP Consulting, LLC, represented the applicant and stated, although the
applicants' original intent was to sell the lots for the construction of homes, they were approached
by business owners, primarily oil and gas, who wanted to construct a building where they could
operate their business. He described the uses to the south of the property and north of Colorado
State Highway 392 as industrial and asserted the future use of the corridor looks to be industrial.
He expressed frustration stating, during the application process there was no indication of concern
by the Planning Staff, until the applicant received the letter of denial. He asserted industrial
development should be near urban growth areas, and indicated the businesses interested in the
site are less intense industrial uses.
El No public testimony was offered concerning this matter.
• In response to Commissioner Kirkmeyer, Mr. Pickett confirmed water and sewer are available
at the site, reiterating NWCWD will provide water, indicated they could install septic to
accommodate a future Industrial Use, and confirmed the site is not in an Overlay District.
Mr. Pickett explained why the applicant applied for 1-2 (Medium Industrial), opposed to I-1 (Light
Industrial) Zone District, and indicated the three (3) lots could be combined into one (1), sold
separately, or could be reconfigured. He confirmed the uses would be compatible with the USRs
to the south of the proposed COZ, but would have less truck traffic, explained the white (light
purple) color on the displayed Land Use Guidance Map was identified as an Urban Reserve area,
and Ms. Aungst defined Urban Reserve. In response to Commissioner Ross, Mr. Pickett
explained the applicant would address the possible, future expansion of Crossroads Boulevard
by initially reserving right-of-way on the north side of CR 66, and if additional right-of-way was
required, it would have to be reserved on the south lot and asserted it is possible future access
would be at the western access point, and showed on the displayed map how the accesses on
the north and south sides of CR 66 line up.
• Commissioner Kirkmeyer expressed her support for the COZ and cited Weld County Code
Sections, including supporting comments. Section 22-2-70.A (re: industrial development as it
relates to the Comprehensive Plan), asserting the COZ helps establish an industrial area that
maintains and enhances the quality of life of Weld County citizens. Section 22-6-10 (re: economic
development), stating the approval of the COZ is a balanced approach, which enhances quality
2020-1417
PL2749
HEARING CERTIFICATION - SCOTT AND LYNN LARAMORE (COZ20-0002)
PAGE 3
of life and encourages the development of commercial, residential, and industrial Uses in the
appropriate locations. Section 23-3-300 (re: intent and purpose of Industrial Zone District),
explaining the site is surrounded by the A (Agriculture) Zone District, but the COZ is warranted
because of how things are changing in the area, partially due to a transportation project along the
U.S. Highway 85 corridor. Section 23-2-40.B.1 (re: consistency with the policies of Chapter 22
(Comprehensive Plan)), indicating the proposal is consistent with the Comprehensive Plan, and
a COZ is warranted due to the changing conditions in the area. Section 23-2-40.B.2
(re: compatibility with surrounding land uses), citing the City of Greeley Future Land Use Map,
which shows Industrial and Commercial Uses just south of the proposed COZ, and described the
nearby USRs as more intense than traditional agriculture and compatible with the Industrial Zone
District. Section 23-2-40.B.3 (re: adequate water and sewer service), recounting these services
are available in this area. Section 23-2-40.B.4 (adequate size of street/road or highway facilities),
stating they are adequate in size and explaining a future developer would ensure additional
turning lanes and/or acceleration/deceleration lanes are adequate in size, for the type of proposed
Industrial Use. Section 23-2-40.B.5 (Overlay Zoning District), confirming the site is not in Overlay
Zoning District and the proposed COZ does not interfere with the commercial mineral deposits; if
on -site soil conditions exist, they can be addressed by the applicant.
Commissioner Kirkmeyer went on to say, she and Chair Freeman, in the past, worked
diligently on Zone Districts and encouraged appropriate planning of industrial and commercial
type uses, which should be located near major arterials roads, highways and interstates, and
reiterated her support of the COZ. Chair Freeman restated the area is perfect for Industrial
Zoning, especially as improvements to O Street begin to happen, and the rest of the Board
concurred. Commissioner James questioned why the PC denied the application and
Commissioner Kirkmeyer responded by saying she believed they had gotten in the habit of
wanting applicants to request a Use by Special Review (USR) Permit, rather than a COZ.
Chair Freeman asserted, in this particular situation, a COZ is more compatible because it makes
the land more conducive for future development to occur.
Commissioner Kirkmeyer affirmed "or the City of Greeley" would be added to the end of
Condition of Approval (COA) #1.D.14 (water service). In response to Commissioner Kirkmeyer,
Ms. Aungst confirmed residences are not allowed in the 1-2 (Industrial) Zone District, unless it
meets one of the exceptions in the Code and Chair Freeman clarified the residence may stay until
the land is developed into something else. Mr. Choate stated staff can follow up with the applicant
about the Use of any structures on the site, and Commissioner Kirkmeyer reiterated the home
can be used as a residence until the Industrial Use begins. After discussion among the Board and
Tom Parko, Director of the Department of Planning Services, regarding Code Section 23-3-260,
the Board confirmed they are not approving the existing home for residential use once the
Industrial Use commences. In response to Commissioner Ross, Chair Freeman clarified, the
commencement of the Industrial Use can happen on each of the three (3) lots, independently.
Commissioner Kirkmeyer suggested clarifying COA #1.D.3, and Mr. Choate provided the
language, which reads, "The existing residence shall continue to be used for residential purposes
until the lot develops non-residential purposes, at which time, the residence shall be converted to
a non-residential use or be removed.", and the Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval.
2020-1417
PL2749
HEARING CERTIFICATION — SCOTT AND LYNN LARAMORE (COZ20-0002)
PAGE 4
Efi In response to Chair Freeman, Mr. Pickett indicated he had, on behalf of the applicants,
reviewed, and agreed to abide by, the Conditions of Approval, as amended.
El Commissioner Kirkmeyer moved to approve the request of Scott and Lynn Laramore for
Change of Zone, COZ20-0002, from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District, based on the findings outlined above and with the Conditions of Approval,
as amended. The motion was seconded by Commissioner Ross, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:22 p.m.
This Certification was approved on the 22nd day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith4) ( JC�GtD•�
Weld County Clerk to the Board
Mike Freeman, Chair
eputy Clerk to the Board �� +. A
�el(, j�J �` ' •,1 K. James
I:arbara Kirk 4 _
) L_ (3
Kevin D. Ross
2020-1417
PL2749
ATTENDANCE LIST
1 - )'7- Zd2U
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
f- t 1 awl 5 er, elTdvi
',fi0 y,,e,:__,_ C 4. -,t1 -5,7•61474:3e7
t, - S - --ice ; k, ,cc
J
V
1 GA NI.ci.v, c- t,
1( 00 El rcz 6%1 AA- % IDX I
rvtc.•t c e t t r ssdo h o Ks
lA i _74
A)
-3aE T-t2,..3T1N
O W& bliA 414- 4
0:1
p1�ia/11C( . hk 1 �� edi9 c.h1
--,
:/
Ki 1 2,:z, Cac-c
3-Ik20 1,7,-.4-4, cr P'
. flit
AAtkp . C -.R(64, 7“.- (0 A4
Vt.A,
\.
3 -6t) - A- lT _ i i l `
/ ay /Lam`` i ‘61,-,-. -F/ t�ix,-
)f/!/ -,-,e-,,,-- < —
rx
It
;'���I "`
7f O1) -%'nom') /etre e
Ke-apo 9 e ,SS�ufraY%s-CB,�,'
A/
Lynn e, (.3-,i e-
/7/I 44- ,5 71 •LT,
L O. r-� „�,cDi
(4..),C
ILI
g;ac)% h 5 .7-glei/ c,- AA)
14,4 / 0-c fritO,164,9
we4
Kei 5 C ckef/
12l 1 tili Si.1 c 1tsi sGi si
Kos e fr- C6 #1 , G4
A
ki�
y
Hello