HomeMy WebLinkAbout20171343.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ17-0002
C. BRADLEY KEIRNES
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-
3 (COMMERCIAL) ZONE DISTRICT.
PART NE4NE4 SECTION 23, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO HWY 392 AND WEST OF AND ADJACENT TO
CR 35.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code. as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-100.C. — C. Goal 1. states. "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas. Intergovernmental Agreement urban growth
areas. growth management areas as defined in municipal comprehensive plans, the Regional
Urbanization Areas. Urban Development Nodes or where adequate services are currently available or
reasonably obtainable. -
The proposed Change of Zone is located south of and adjacent to State Highway 392 and west of and
adjacent to CR 35. Adequate services are considered reasonably obtainable.
Section 22-2-100. C. — C. Goal 3. states, "All new commercial development should pay its own way."
The applicant will be responsible for covering all costs for all on -site and any applicable off -site
improvements associated with this use, as required through an Improvements Agreement.
Section 22-6-20.A. - ECON. Goal 1. states, "Encourage the expansion of existing businesses and the
location of new industries that will provide employment opportunities in the County.
Commercial zoning on this site will promote the location of new business that will provide employment
opportunities in the County.
APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for Greeley and Weld County - Section
3 - Vision for the Subarea states, `Create opportunities for landowners to attract diverse, job -
producing industries to locate in the North Greeley Rail Corridor Subarea because of the availability of
key infrastructure such as the short -line railroad track, principal Roads. and central water and sewer,
as well as a nearby diversely skilled educated workforce.''
If this rezoning is approved it will allow the landowner to create new business that will provide
employment opportunities in the County
APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for Greeley and Weld County -
Section 4.A. — NG-Econ. Goal 1. states, "Encourage a variety of industrial and commercial businesses
within the Subarea that provide primary sector jobs and encourage a diversified economic base.
The site is located in the North Greeley Rail Corridor Subarea Plan (Plan). The northern boundary of
the Plan is State Highway 392 and the site is south of and adjacent to State Highway 392. The closest
track is about 2 miles east of the site along State Highway 85. Due to the size of the site and the
distance from rail the business located on it will not be directly related to rail such as trans -loading
however rezoning this parcel to Business Commercial will allow the landowner to cre
contribute to a diversified economic job base for the County.
RESOLUTION COZ17-0002
C. BRADLEY KEIRNES
PAGE 2
B. 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the Change of
Zone will be compatible with the surrounding land uses.
The land south of the Greeley #2 Canal is zoned for rural residential under PZ-1090 (Eagle View
Farms. PUD) the final plat has not yet been completed by the applicant. The property to the north of
State Highway 392 is rural residential (Pinnacle Park Subdivision). It is unknown what type of uses will
be on this site however. any proposed use in the C-3 (Business Commercial) Zone District will require
either a Site Plan Review (if a Use by Right) or a Use by Special Review Permit. Per the Weld County
Code the structures in a C-3 Zone District will be required to meet the 25 foot setback. Per Code
Section 23-3-250.A.4. screening of outdoor storage and parking is required. Additionally. Code
Section 23-3-250.A.5. requires a ten (10) foot landscape buffer abutting both roads. These Code
sections along with the Greeley #2 Ditch will assist in buffering the proposed business from the
adjacent rural residential land uses.
The applicant held a neighborhood meeting and no one objected to this Change of Zone and the
Weld County Department of Planning Services has received two letters that object to this Change of
Zone.
C. 23-2-30.A.2. - That adequate water and sewer service can be made available to the site to serve the
uses permitted within the proposed zone district.
According to the referral comments from the Department of Public Health and Environment the site
will be served by North Weld County Water District and individual on -site wastewater treatment
systems for sewer (OWTS). The Conditions of Approval address the status of the OWTS and the
permits required.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in
size to meet the requirements of the proposed zone districts.
CDOT has indicated that the access on State Highway 392 will need to be closed and the Department
of Public Works has stated that the access on CR 35 can be used as a commercial access point.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 23-2-30.A.5.a. — The proposed Change of Zone is not located within an Overlay District
or in a Special Flood Hazard Area.
2) Section 23-2-30.A.5. b. - The site is an existing 7.49 acre property. The size of the property and
existing structures do not make it practical for commercial mining.
3) Section 23-2-30.A.5.c. — The use on the subject property will change to commercial and the
structures will become non -conforming uses if the property owner uses the two existing
structures as residences. The site is not located within a soil district.
This recommendation is based. in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District is
conditional upon the following:
1. Prior to recording the plat:
A. The septic system serving the two homes shall have a statement of existing and inspection
completed. In the event the system is found to be inadequate. the system must be brought into
compliance with current OWTS regulations or a new OWTS shall be installed. (Department of Public
Health and Environment)
RESOLUTION COZ17-0002
C. BRADLEY KEIRNES
PAGE 3
B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in
the referral response dated March 27, 2017. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of Eaton Fire Protection District,
as stated in the referral response dated March 17. 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall attempt to address the requirements (concerns) of Greeley #2 Ditch (New Cache
La Poudre Irrigating District). as stated in the referral response dated April 8, 2017. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall address the requirements (concerns) of Colorado Department of Transportation,
as stated in the referral response dated March 28. 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements (concerns) of Division of Water Resources, as stated in
the referral response dated April 7. 2017. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The applicant shall submit a Non -Conforming Use (NCU) application if the applicant intends to use
either or both of the structures for residential purposes. Additionally, an NCU note shall be added to
the plat: -A Nonconforming Use. under case no. NCU 17-XXXX, has been established for the existing
residence built in [year built]. This use is subject to the requirements of Article VII of the Weld County
Code." (Department of Planning Services)
H. The plat shall be amended to delineate the following:
All pages of the plat shall be labeled COZ17-0002. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. County Road 35 is a paved road and is designated on the Weld County Road Classification
Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5. Show and label the approved access(es) (AP17-00144), and the appropriate turning radii on
the site plan. (Department of Public Works)
6. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
2 The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3 (Business Commercial) uses and shall comply with the C-3
(Business Commercial) Zone District requirements as set forth in Article III Division 5 of the Weld
County Code. (Department of Planning Services)
B. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
RESOLUTION COZ17-0002
C. BRADLEY KEIRNES
PAGE 4
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. The property owner shall control noxious weeds on the site. (Department of Public Works)
E. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
F. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
G. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
H. Water service may be obtained from North Weld County Water District. (Department of Public Health
and Environment)
I. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by
septic systems designed in accordance with the regulations of the Colorado Department of Public
Health and Environment, Water Quality Control Division and the Weld County Code in effect at the
time of construction, repair, replacement, or modification of the system. (Department of Public Health
and Environment)
J. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed. (Department of Public Health and Environment)
K. During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created. If dust emissions create nuisance conditions. at the request of Weld County
Environmental Health Services. a fugitive dust control plan must be submitted (Department of Public
Health and Environment)
Building permits shall be obtained prior to the construction of any new building. A plan review is
required for each building. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. (Department of
Building Inspection)
M. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently. the following have been adopted by Weld County 2012 International
Codes. 2006 International Energy Code, 2006 International Fuel Gas Code, 2012 International
Plumbing Code, and 2014 National Electrical Code 2003 ANSI 117.1 Accessibility code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
N. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs.
O. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
RESOLUTION COZ17-0002
C. BRADLEY KEIRNES
PAGE 5
P. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including, but not limited to, sand and gravel. oil, natural gas. and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the
state face a critical shortage of such deposits: and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
Q. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness. wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads:. dust from animal pens, field work, harvest and gravel roads: odor from
animal confinement, silage and manure; smoke from ditch burning: flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County. property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County. and the distances which must be traveled may delay all emergency responses. including
law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas. in many cases, will not be equivalent to municipal
services. Rural dwellers must. by necessity. be more self-sufficient than urban dwellers
RESOLUTION COZ17-0002
C. BRADLEY KEIRNES
PAGE 6
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services' Staff The plat shall be prepared in
accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the recording
fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording
within one -hundred -twenty (120) days of approval by the Board of County Commissioners. With the
Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and dgn (Microstation): acceptable
GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4) (Group 6 is not acceptable).
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1. 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month
period.
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Against Passage Absent
Gene Stille
Bruce Johnson
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 2, 2017.
Dated the 2nd of May, 2017
Kristine Ranslem
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 2, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille. Jordan Jemiola, Michael Wailes, Terry Cross,
Tom Cope.
Absent: Bruce Johnson, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services: Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Evan Pinkham. Public Works; Bob Choate, County Attorney. and Kris Ranslem. Secretary.
Motion: Approve the April 18, 2017 Weld County Planning Commission minutes, Moved by Tom Cope.
Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: COZ17-0002
APPLICANT: C. BRADLEY KEIRNES
PLANNER. DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NE4NE4 SECTION 23. T6N. R66W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 392 AND WEST OF AND ADJACENT TO
CR 35.
Diana Aungst. Planning Services, presented Case COZ17-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that two letters were received this morning that object to this
Change of Zone. Ms. Aungst noted that there are two homes on the property: however the applicant has
indicated that both homes are being used as offices for CDOT. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Commissioner Wailes asked if CDOT is working in the area. Ms. Aungst said that they are using this
property as a staging area for work on US Highway 85. Mr. Wailes asked why the applicants are requesting
a Change of Zone and not a USR (Use by Special Review). Ms. Aungst said that she would defer that to
the applicant to answer.
Evan Pinkham. Public Works. reported on the existing traffic and access to the site.
Hayley Balzano. Engineering, reported on the drainage conditions for the site.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements on -site.
Todd Hodges, 2412 Denby Court. Ft. Collins, Colorado. stated that the applicants started working on a
commercial project in nature prior to the violation. He added there used to be an approved land use permit
for an excavation company on -site: however, the land use permit was not transferrable. CDOT had
approached the applicants to lease this property as a temporary staging area for work being done on
Highway 85. He added that CDOT intends to leave the property in November 2017.
Mr. Hodges said that the C-3 Commercial Zone District gives them the ability to limited uses along the
highway and be accessible to the neighborhoods as this area urbanizes. He added that it is supported with
long term plans with the City of Greeley. There are two (2) existing access points to the site and Mr. Hodges
stated that they are working with CDOT to try to retain the access on Highway 392. He added that CDOT
has stated that that access be closed as part of the Access Plan; however. there are elements within that
Access Plan that give the applicant the opportunity to amend that Plan based on their land use in the future.
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EXHIBIT
I b
Cbz1-1- 000.a_
Mr. Hodges said that this site is in an area that is urbanizing and added that this corridor will be critical in
the future as this will increase economic development in the area.
Commissioner Stille said that there were livestock on the property previously and then CDOT stored ground
asphalt on the property. He asked if there are any intentions of moving that storage area out or paving over
the top of it. Mr. Hodges said that they have looked at an RV storage facility on site and added that it is
allowed in the C-3 Zone District. He added that through the Site Plan they would work with Staff on the
grading and drainage of the site. Mr. Hodges said that they intend to keep the two (2) homes on site and
submit them as nonconforming uses or convert them to offices.
Commissioner Stille asked if a future stop light is planned at the intersection of Highway 392 and County
Road 35. Mr. Hodges said in talking over the Access Control Plan with CDOT there will potentially be a
traffic light at that intersection in the future.
Commissioner Cope asked that if this area is rezoned and the uses become greater, at what point does
tracking control come in. Mr. Pinkham said that if there are over 20 vehicles per day, then requirements
would be added for tracking control as well as an improvements agreement if traffic increased.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tony Negle, 33051 CR 35, stated that he lives right across the street from this site. He said that a storage
facility will not benefit this area. He said that they have always had a view of the lake. He added that it is
an agricultural area and not a commercial area.
Mr. Hodges said that it is important to understand that this isn't the only property the applicants own. They
also own around the lake and south of the ditch so they have great interest of what happens on this corner.
The Change of Zone from Agricultural to C-3 has merit based on the number of houses in the near future.
He added this is not a viable agricultural lot because of the size of the property.
Mr. Hodges referred to Item 2.D on Page 4 of the Staff report, specifically "CDOT has indicated that the
access on State Highway 392 will need to be closed and the Department of Public works has stated that
the access on CR 35 can be used as a commercial access point." He requested that this sentence be
deleted or modified as CDOT has identified as closure and they don't want anything to indicate that they
would lose that access point. He added that it is very critical that this access point remains open on this
property and that the evaluation of that access point is reviewed upon development of the property. He
added that they will continue to work with CDOT on this access. Mr. Hodges suggested amending this
sentence to read "Access exists on State Highway 392 and is under the jurisdiction of CDOT".
Commissioner Cope said that when there are two arterial streets combined it makes sense to look at the
big picture and evaluate what will be happening in the future. He added that C-3 property makes sense in
this area.
Commissioner Jemiola said that he also sees commercial uses on that intersection with the pace that the
County is growing. He feels comfortable with the uses allowed in the C-3 Zone District for this area.
The Chair asked if Staff had any comments regarding the applicant's request. Ms. Aungst said that the
statement by the applicant is accurate and added that there is an access under the jurisdiction of CDOT.
The referral comments from CDOT state that "The State Highway 392 Access Control Plan identifies the
existing State Highway 392 access as being removed as part of the redevelopment of the parcel". Ms.
Aungst suggested using this language as it was provided to us by CDOT.
Commissioner Stifle said that if the access remains and the property is developed he is concerned with
traffic safety of those people pulling on/off Highway 392. He said that if it becomes a storage facility there
wouldn't necessarily be that much traffic. He also disagreed with the applicant and added that this property
can still be used as agricultural property as he referred to cattle grazing on the property previously_ He
doesn't believe it is compatible with the area.
2
Ms. Aungst said that there is a Condition of Approval that they applicant needs to address CDOT's
concerns. Therefore. until that Condition of Approval is actually approved in writing by CDOT, the applicant
will still need to work with CDOT to take any action that CDOT deems necessary to move forward with this
Change of Zone.
Bob Choate, County Attorney, said that he understands the applicant's concern but cautioned that it may
have the opposite effect. He referred to Section 23-2-30.A.4 which requires the Board and the Planning
Commission, before approving a Change of Zone. find that the street or highway facilities providing access
to the property are adequate in size to meet the requirements of the proposed zone district. Mr. Choate
said that what the statement in the resolution says that CDOT indicates that this needs to be closed and
Public Works has stated that the access on County Road 35 can be used as a commercial access point.
By leaving that statement you are basically saying that we think this can be zoned commercial and that the
street and highway facilities are appropriate to support it even if that access gets closed. Mr. Choate
clarified that it is not a condition that the access gets closed as it is within the jurisdiction of CDOT.
Mr. Hodges appreciated that comment and added that they just want to make sure that there is no language
that indicates that this access is to be definitely closed because that is not the discussion they have had
with CDOT. Mr. Hodges stated that this is on record so they will no longer pursue the requested
amendment.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ17-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Jordan Jemiola,
Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Cherilyn Barringer, Jordan Jemiola. Michael Wailes. Terry Cross, Tom Cope.
No: Gene Stille.
Commissioner Stille said that he doesn't believe it is compatible with the surrounding land uses and cited
Section 23-2-30.A.2.
Meeting adjourned at 3:09 pm.
Respectfully submitted,
d.lbEzrw itaattneu
Kristine Ranslem
Secretary
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