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Home My WebLink About20193501.tiffHEARING CERTIFICATION DOCKET NO. 2019-70.B RE: CHANGE OF ZONE, PUDZ19-0001, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, FOR FOUR (4) LOTS WITH C-3 (BUSINESS COMMERCIAL), C-4 (HIGHWAY COMMERCIAL), I-1 (INDUSTRIAL), 1-2 (INDUSTRIAL), AND 1-3 (INDUSTRIAL) USES - T3 LAND AND INVESTMENT, LLC A public hearing was conducted on August 7, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem - EXCUSED 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, Chris Gathman Public Works Department representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: el I hereby certify that pursuant to a notice dated April 4, 2019, and duly published April 10, 2019, in the Greeley Tribune, a public hearing was conducted on May 22, 2019, to consider the request of T3 Land and Investment, LLC, for a Change of Zone, PUDZ19-0001, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for four (4) lots with C-3 (Business Commercial), C-4 (Highway Commercial), I-1 (Industrial), 1-2 (Industrial), and 1-3 (Industrial) Uses, at which time the applicant was working to finalize and record the plat for Recorded Exemption, RECX19-0011, to create the lot prior to changing the zoning and the matter was continued to August 7, 2019, to allow adequate time for this matter. Bob Choate, Assistant County Attorney, made this a matter of record. e Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Freeman excused. el Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, mentioned the Recorded Exemption, RECX19-0011, will be recorded on August 7, 2019, and the existing residence on Lot 4 will be removed. He noted any future uses in the Planned Unit Development (PUD) will require a Site Plan Review application, and described existing surrounding uses. He summarized the referral from the Division of Water Resources, stated the site is within the Airport Overlay District, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Conway, Mr. Gathman reiterated the referral comments from the Division of Water Resources, which stated cc%PL(CC,/-I-p), Pw(£p), CHCLL) ©9/9/19 2019-3501 PL2675 HEARING CERTIFICATION - T3 LAND AND INVESTMENT, LLC (PUDZ19-0001) PAGE 2 well permit, #82411, needed to be plugged and abandoned prior to approval of the PUD, and he displayed images of the site and surrounding views. El Dawn Anderson, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, described the drainage requirements, and explained the PUD is located at the corner of County Roads (CR) 44 and 49. She stated PW is requesting future right-of-way (ROW) be reserved along both CRs, for a future grade separated interchange at the intersection. She provided traffic counts and average speeds, and mentioned PW is requesting an updated traffic study prior to approval of the Change of Zone plat. She requested the Board approve a variance that allows the subdivision access to be less than the required 1,320 feet from the intersection, but no less than 980 feet west of CR 49 ROW. In response to Commissioner Conway, Ms. Anderson indicated on the displayed map the location of the 980 -foot distance from CR 49, and in response to Chair Kirkmeyer, she repeated the traffic counts on CR 44. El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the Central Weld County Water District (CWCWD) will provide water, engineer -designed septic systems are required due to the site being commercial/industrial, and the Department of Public Health and Environment had no outstanding issues with the request. El Kelsey Bruxvoort, AGPROfessionals, represented the applicant and provided a PowerPoint presentation (Exhibit G) that displayed the access and traffic information, the site layout, and roadway improvements information. She explained the site is compliant with the Weld County Code requirements for a PUD Change of Zone, and discussed the Traffic Impact Study (TIS). In response to Commissioner Conway, Ms. Bruxvoort confirmed the site access was moved from 660 feet to 964 feet from the intersection of CR 49 and 44 to address PW's spacing concerns and stated PW had previously indicated the 660 -foot spacing was sufficient, but then issued a formal response indicating 980 feet was the minimum acceptable spacing. She stated the design exceeds the Colorado Department of Transportation (CDOT) standards, the State Highway Access Code standards, Weld County access spacing requirements, and meets fire district requirements. In response to Commissioner Conway, Mr. Bruxvoort reiterated PW had once indicated the 660 -foot spacing would be sufficient, and in response to Commissioner Moreno, Ms. Bruxvoort clarified why they prefer not to build an access over the gas lines on the eastern property boundary. In response to Commissioner James, she requested the reserved ROW not be included as a requirement of the application. In response to Chair Kirkmeyer, Ms. Anderson repeated the traffic counts and average speed for CR 49, and in response to Commissioner Conway, she clarified there is not a fly over (overpass) planned in the area of CR 49 and 44 in the five (5) year Capital Improvements Project (CIP). In response to Chair Kirkmeyer's question concerning identified traffic, Ms. Bruxvoort deferred to Sean Kellar, traffic engineer with AGPROfessionals. e Mr. Kellar confirmed the traffic study included all of the proposed businesses in the PUD, including the farm store. In response to Chair Kirkmeyer, Mr. Kellar provided more detailed calculations and information from the TIS and in response to Commissioner Conway, he reiterated he had 19 years of traffic experience, and confirmed he believed the 964 -foot spacing from the intersection is more than adequate. 2019-3501 PL2675 HEARING CERTIFICATION -T3 LAND AND INVESTMENT, LLC (PUDZ19-0001) PAGE 3 e No public testimony was offered concerning this matter. IR In response to Commissioner James, there was discussion between staff, the Board and Mr. Choate about ROW reservation. In response to Chair Kirkmeyer, there was discussion about the spacing requirement from the intersection to site accesses, including where it was measured, and the ROW exception made for the nearby DCP Midstream site. In response to Chair Kirkmeyer, Ms. Anderson indicated PW could not agree to the 964 -foot spacing without reviewing a full intersection design. In response to Chair Kirkmeyer, Mr. Kellar stated he believed it is possible to agree on a safe access location within the boundaries of the Recorded Exemption, using a horizontal design and calculations, instead of a full intersection design. In response to Chair Kirkmeyer, Ms. Anderson stated a horizontal design with calculations would be sufficient. El Tom Haren, AGPROfessionals, expressed his frustration with PW in working through the application and stated PW changed the requirements several times throughout the process. El In response to Chair Kirkmeyer, Mr. Kellar explained a horizontal design is different than a full intersection design and stated they already provided PW with a horizontal design, to which Ms. Anderson responded that PW would speak to their engineers and review the site distance criteria. Chair Kirkmeyer asked the Board if they were in support of the Change of Zone and all confirmed they were. Chair Kirkmeyer stated she is in support of the reservation of the ROW; however, Commissioner Conway stated he was not in support because it is ten percent (10%) of the applicant's land and it encumbers their ability to develop. Mr. Haren stated they are agreeable to the reservation, but expressed frustration that the requirement was not presented to them earlier in the application process, and it was not applied to the DCP Midstream site, across the road. He continued by saying it should be applied to the DCP Midstream site as well as any future development on the other two (2) corners of the intersection, to which Commissioner James and Chair Kirkmeyer agreed. There was discussion regarding how the ROW reservation requirement at CR 49 and 44, can be applied to all four (4) corners of the intersection and it was decided that it would be best accomplished by the Board's direction to staff via the Resolution and updating the Functional Classification Map for this intersection. In response to Chair Kirkmeyer and Commissioner James, Mr. Gathman explained the differences between Conceptual and Specific Development Guides, and Mr. Gathman gave examples of each. He stated it is the recommendation of the Department of Planning Services the Change of Zone be conceptual and in response to Chair Kirkmeyer, Ms. Anderson stated PW agreed with that recommendation. In response to Chair Kirkmeyer, Mr. Gathman outlined the time frame until approval of the final plat and in response to Commissioner Conway, Ms. Bruxvoort stated although they prefer a Specific Development Guide, they would agree to a Conceptual Development Guide, and the Board agreed to a Specific Development Guide. 2019-3501 PL2675 HEARING CERTIFICATION - T3 LAND AND INVESTMENT, LLC (PUDZ19-0001) PAGE 4 e In response to Chair Kirkmeyer, Mr. Choate confirmed the Board needed to specify the desired type of Development Guide in the motion for approval of the Change of Zone, and noted it will also be specified in the Resolution. Chair Kirkmeyer suggested taking the language in Condition of Approval (COA) #2.B (internal roadway design) and creating a new COA #2.F.3, and adding a new COA #2.B (access design criteria and location). She suggested deleting COA #2.F.7 (requirement for a Fugitive Dust Control Plan, Air Pollution Emissions Notice, and permit from the Colorado Department of Public Health and Environment), and adding a new COA #2.E.4 (reservation of future road right-of-way). The Board agreed to all of the aforementioned changes. e In response to Chair Kirkmeyer, Ms. Bruxvoort indicated she had reviewed, and on behalf of the applicant, agreed to abide by, the Conditions of Approval, as amended. Mr. Gathman noted the legal description on the Resolution needed to be changed due to RECX19-0011 having been recorded. ID Commissioner Moreno moved to approve the request of T3 Land and Investment, LLC, for a Change of Zone, PUDZ19-0001, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for four (4) lots with C-3 (Business Commercial), C-4 (Highway Commercial), I-1 (Industrial), I -2 -(Industrial), and 1-3 (Industrial) Uses, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval as amended, and to incorporate the determination by the Board that this be a Specific Development Guide, and to accept the change to correct the legal description on the Resolution. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner James thanked the applicant for their patience in working through the process, and Commissioner Conway expressed concern with the applicant's experience with PW. Chair Kirkmeyer directed staff to update the Functional Transportation Map as it relates to the intersection at CR 49 and 44 and suggested that future communication be clear and that staff have written notes from meetings held with applicants, for the Board to review. There being no further discussion, the hearing was completed at 2:02 p.m. 2019-3501 PL2675 HEARING CERTIFICATION - T3 LAND AND INVESTMENT, LLC (PUDZ19-0001) PAGE 5 This Certification was approved on the 12th day of August, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLC)RADO ATTEST: datA& je , 4, Weld County Clerk to the Board APPROVED AS TO FOR ho,v,County Attorney Date of signature: 040049 EXCUSED F arbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Steve Moreno r3 2019-3501 PL2675 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 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