HomeMy WebLinkAbout20193963.tiffHEARING CERTIFICATION
DOCKET NO. 2019-112
RE: CHANGE OF ZONE, COZ19-0001, FROM THE R-1 (LOW DENSITY RESIDENTIAL)
ZONE DISTRICT AND A (AGRICULTURAL) ZONE DISTRICT TO THE
A (AGRICULTURAL) ZONE DISTRICT - GLOBAL ASSET RECOVERY, LLC
A public hearing was conducted on September 11, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 2, 2019, and duly published
August 7, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Global Asset Recovery, LLC, for Change of Zone, COZ19-0001, from the R-1 (Low Density
Residential) Zone District and A (Agricultural) Zone District to the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and
stated the site is within the three (3) mile referral area of the Cities of Greeley and Evans, and the
Towns of Kersey and Garden City. He provided the zoning history of the site, described
surrounding uses, and outlined the future use of the site based on the Comprehensive Plans and
Future Land Use Maps from several referral agencies. He stated the purpose of the Change of
Zone (COZ) is for mineral resource extraction, described the plans for the site after reclamation,
and explained the COZ will allow for future expansion of the mine currently being reviewed under
2MJUSR-19-08-1660. He noted the Department of Planning Services had received
correspondence from attorneys representing surrounding property owners (SPO) and other
individuals, outlined the concerns expressed, and indicated 17 referrals were sent out and four
(4) agencies responded. He entered the favorable recommendation of the Planning Commission
into the record as written, and in response to Commissioner James, he confirmed the site was
zoned R-1 (Low Density Residential) in 1962.
IE Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the access for the site is on County Road (CR) 41.5 (Balsam
Avenue), CR 43 (Cherry Avenue), and CR 62 (East "C" Street).
GGtPL(KO/TP),PGuorn-o, &HILL)
(0/08./ 11
2019-3963
PL2701
HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (COZ19-0001)
PAGE 2
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated water is provided by the North Weld County Water District (NWCWD), and the
existing septic system is permitted for three (3) bedrooms.
J.C. York, J and T Consulting, represented the applicant, explained the current zoning of
Lots A and B of the parcel, stated the applicant's intent is to perform gravel mining, and in
response to Chair Kirkmeyer, indicated mining is not currently occurring in the area. In response
to Commissioner Freeman, he indicated Lots A and B have split zoning, which equal 80 acres
combined, and responding to Chair Kirkmeyer, Mr. Ogle confirmed the application is to rezone
the approximately 80 -acre parcel. In response to Commissioner Conway, Mr. York explained the
site selection was due to the existing gravel mine on the "south property" and the existing gravel
resources on the "north property", which could be used to reclaim the nearby Loloff Pit.
IE Sylvia Parker, SPO, stated she opposed the COZ and in response to Chair Kirkmeyer, she
indicated she had lived in her home for 34 years and confirmed she had conversations with the
applicant at a neighborhood meeting and at the Planning Commission (PC) hearing. In response
to Commissioner Conway's question for Ms. Parker regarding discussion about potential impacts
to her property, Chair Kirkmeyer explained that would pertain to the USR application, not the
Change of Zone application. In response to Commissioner James, Ms. Parker described there is
a gravel pit to the south of her home, and to the east there used to be farming, but currently there
is nothing. She explained she believed the site would be residential homes, due to its zoning.
In response to Commissioner Conway, Mr. Ogle reiterated the zoning history of the site.
e Responding to Chair Kirkmeyer, Mr. York provided the ownership history of the site, and
confirmed Global Asset Recovery, LLC, owns Lot A of the parcel. He indicated the equipment
parked on Lot A belongs to the Derr Brothers and there are no plans at this time to remove the
equipment. In response to Chair Kirkmeyer, he explained the proposed use is compatible with
surrounding land uses because of nearby existing gravel mines and agricultural properties and
displayed on the map where Ms. Parker lives. In response to Chair Kirkmeyer, Mr. Choate
indicated Ms. Parker's property is one (1) acre in size and Mr. Ogle described the surrounding
Zone Districts.
Commissioner Conway expressed concerns with the COZ citing the length of time it had been
R-1 (Low Density Residential) and the proximity to Ms. Parker's home. In response to
Chair Kirkmeyer, Mr. Ogle confirmed the gravel pit permit belonging to Broken Arrow Investments,
Inc., is a 112c permit, and indicated the Loloff Pit, USR-690, is across the street and is currently
being reclaimed. In response to Commissioner Conway, he confirmed the Loloff Pit was zoned
A (Agriculture) when it was permitted. Commissioner Freeman noted the site had been farmed in
the past and, given the surrounding uses, should never have been zoned R-1 (Low Density
Residential). In response to Chair Kirkmeyer, Mr. Ogle repeated the comments from the City of
Greeley's referral and described the floodplain on the map. Commissioner Moreno agreed with
Commissioner Freeman's comments, and Commissioner James stated the reason there is
compatibility currently, is due to the nearby gravel mine, but compatibility will diminish once the
mine is reclaimed. Additionally, he speculated many SPOs may have purchased their homes with
the understanding the parcel was zoned R-1 (Low Density Residential) and homes would
2019-3963
PL2701
HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (COZ19-0001)
PAGE 3
eventually be built there. There was discussion between the Board and staff about Recorded
Exemptions in the area.
e. Mr. York explained the lot to the south of the proposed COZ is designated I-2 (Industrial)
Zone District on the City of Greeley's map, noted the R-1 (Low Density Residential) Zone District
is in the Airport Overlay District, and indicated the applicant had to get a permit from the Federal
Aviation Administration (FAA) due to the height of the equipment. He described the permit history
of the Loloff Pit and explained it will be reclaimed for water storage. There was discussion about
the current zoning, as well as future uses of the surrounding properties, and in response to
Commissioner James, Mr. Ogle confirmed gravel mining is a Use by Special Review in the
A (Agricultural) and the I (Industrial) Zone Districts. In response to Commissioner James, Mr. York
explained the reason for applying for a Change of Zone, versus a USR permit, and in response
to Chair Kirkmeyer, Mr. Ogle confirmed State Statute requires the extraction of mineral resources
prior to development regardless of the Zone District.
lEi Chair Kirkmeyer expressed support for the COZ, citing the requirement to extract mineral
deposits from the ground prior to any development, regardless of the Zone District, and Greeley's
Future Land Use Map identifying the area as I (Industrial).
ID Commissioner Freeman moved to approve the request of Global Asset Recovery, LLC, for
Change of Zone, COZ19-0001, from the R-1 (Low Density Residential) Zone District and
A (Agricultural) Zone District to the A (Agricultural) Zone District, based on the recommendations
of Planning staff and the Planning Commission, with the Conditions of Approval as entered into
the record, and the motion was seconded by Commissioner Moreno. Commissioner Conway
asked for a roll call vote citing concerns. Commissioner Moreno reiterated Chair Kirkmeyer's
comments with regard to resources having to be extracted regardless of the Zone District, and
stated he was hesitant but supportive of the motion. Chair Kirkmeyer noted the approval of the
Change of Zone does not guarantee the approval of a USR and explained the Change of Zone is
compatible with surrounding uses due to A (Agricultural) to the east and south and farming in
surrounding areas. The motion carried on a 4-1 vote, with Commissioner Conway opposed, and
there being no further discussion, the hearing was completed at 11:07 a.m.
2019-3963
PL2701
HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (COZ19-0001)
PAGE 4
This Certification was approved on the 16th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datAvo XLam:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
arbara Kirkmeye , Chair
Mike Freeman, Pro -Tern
Steve Moreno
2019-3963
PL2701
ATTENDANCE LIST
. �`
1i
Hello