HomeMy WebLinkAbout20203102.tiffHEARING CERTIFICATION
DOCKET NO. 2020-65
RE: CHANGE OF ZONE, COZ20-0006, FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT AND THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT - BRIGGSDALE GAS AND GO, INC., AND LASALLE
RENTAL PROPERTY ONE, LLC
A public hearing was conducted on October 21, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
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, Kim Ogle
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 September 11, 2020, and duly published
September 16, 2020, in the Greeley Tribune, a public hearing was conducted to consider the
request of Briggsdale Gas and Go, Inc., and LaSalle Rental Property One, LLC, for a Change of
Zone, COZ20-0006, from the C-3 (Business Commercial) Zone District and the A (Agricultural)
Zone District to the C-3 (Business Commercial) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
CI Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of site, described the current uses of the subject site and
surrounding parcels, and detailed two (2) Recorded Exemptions, Lot A of RE -1521 and
conditionally approved, Lot A of 1AMRECX20-05-1521, which are subject to the COZ application.
He stated the applicant's intent is to expand the commercial component of the parcel and
indicated there is an active Zoning Violation, ZCV19-00301, which was initiated due to the storage
of commercial mobile homes and the existence of three (3) dwellings onsite. He stated approval
of the application will correct a portion of the zoning violation, by allowing the applicant to permit
one (1) of the existing single family homes, which will be used as living quarters for employees,
caretakers or security personnel, as an accessory use to the commercial use. He indicated the
Department of Planning Services sent notice to four (4) surrounding property owners (SPO), no
correspondence was received regarding the application, six (6) referral agencies reviewed the
case and four (4) agencies responded. Mr. Ogle entered the favorable recommendation of the
Planning Commission into the record as written and displayed images of the site and surrounding
views.
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2020-3102
PL2767
HEARING CERTIFICATION - BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL
PROPERTY ONE, LLC (COZ20-0006)
PAGE 2
El Melissa King, Department of Public Works, stated access to the site is on State Highway 14
and the applicant will need to contact the Colorado Department of Transportation with regard to
an access permit. She indicated State Highway 14 is adequate in size to meet the requirements
of the C-3 Business Commercial Zone District.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating Briggsdale Water Company provides water and a commercially permitted
septic system provides sewer to the existing facility. She stated the caretaker's residence has an
unpermitted septic system, which will be addressed during the site plan review and indicated there
are several plat notes related to septic, water service and dust mitigation during development.
e Sheri Lockman, Lockman Land Consulting, represented the applicant and explained the
applicant's initial plan was to expand the site for additional commercial uses, but stated, due to
COVID-19, there is currently no plan to expand the uses, only to come into compliance with the
uses that currently exist, and correct the zoning violation.
El Angie Holloway, applicant, described the action she is taking to correct the zoning violation
and described the trailers on the property, which were supposed to be stored temporarily, have
since been abandoned. She explained, in the future, she would like to expand the commercial
business.
IR In response to Commissioner Kirkmeyer, Ms. Holloway stated she had an agreement with
Blue Bird Mobile Home Services, Inc., to store the trailers on the property, while they were in
transit, but the owner never picked them up after she asked him to remove them from the property.
There was discussion among Commissioner Kirkmeyer and Mr. Choate about ownership/title for
the mobile homes, and whether the County has the authority to pursue further action, not related
to the COZ application.
IR No public testimony was offered concerning this matter.
e The Board discussed the Conditions of Approval (COA), and in response to
Commissioner Kirkmeyer, Ms. Holloway stated she understood COA #1.A (remove Pre -HUD
mobile homes and debris from property prior to recording the plat). Responding to Chair Freeman,
Mr. Ogle clarified the intent of COA #1.D.3 (show all recorded easements and rights -of -way on
plat). Commissioner James suggested adding "Code", behind "Weld County', to #2.A of the
findings and the Board agreed.
e In response to Chair Freeman, Ms. Holloway indicated she had reviewed, and agreed to
abide by, the Conditions of Approval.
IR Commissioner James stated the findings as outlined in the Resolution and moved to approve
the request of Briggsdale Gas and Go, Inc., and LaSalle Rental Property One, LLC, for a Change
of Zone, COZ20-0006, from the C-3 (Business Commercial) Zone District and the A (Agricultural)
Zone District to the C-3 (Business Commercial) Zone District, based on the recommendations of
2020-3102
PL2767
HEARING CERTIFICATION - BRIGGSDALE GAS AND GO, INC., AND LASALLE RENTAL
PROPERTY ONE, LLC (COZ20-0006)
PAGE 3
Planning staff and the Planning Commission, with the Conditions of Approval, as presented. The
motion was seconded by Commissioner Ross, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:22 a.m.
This Certification was approved on the 28th day of October, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di •ok.
Weld County Clerk to the Board
BY.
uty Clerk to the Board
Mike Freeman, Chair
Steve/Moreno, Pro-Tem
K. James
t f�.
ara Kirkmeyer
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Kevin D. Ross
2020-3102
PL2767
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