HomeMy WebLinkAbout20160758.tiff HEARING CERTIFICATION
DOCKET NO. 2016-22.B
RE: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT-WES MOSER, INC.
A public hearing was conducted on March 9, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated February 5, 2016, and duly published
February 10, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Wes Moser, Inc., for a Change of Zone from the A (Agricultural) Zone District to the
1-3 (Industrial)Zone District. Bob Choate,Assistant County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated it encompasses most of the east half of the parcel. He reported that 14 referral
agencies reviewed the case and eight (8) responded with comments and/or conditions that have
been considered for the Resolution. Mr. Gathman pointed out the property is currently zoned
Agricultural, but is adjacent to several Industrial uses. He reviewed the relevant County roads and
nearest residences and stated staff received no correspondence from any surrounding property
owners in regard to this application. He clarified any proposed use will require a Site Plan Review
and will have to meet the state and county regulations for Industrial standards. Mr. Gathman
pointed out a portion of the site is in the floodplain which would require a Flood Hazard
Development Permit for any construction in the flood designation area, and wells and septic will
be applied for and installed at the time of development. He displayed images and entered the
favorable recommendation of the Planning Commission into the record as uses are due to USR
approvals within the A (Agricultural) Zone District.
Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements to include relevant roadways, access points, and
average daily traffic counts on County Road (CR) 30 and CR 49. She clarified an Improvements
Agreement will be dependent on the use and will commence during the Site Plan Review process.
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IR Wayne Howard, Planning Services Engineer representative, reviewed the access easement
requirements.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions to include the recommendations for a commercial well and commercial septic once the
use is established.
12 Tim Naylor, AGPROfessionals, represented the applicant and stated the request for a
Change of Zone to 1-3 (Industrial) is to provide a potential site for further development to expand
the industrial uses in the area. He emphasized the importance of the transportation corridor and
how the conditions in the area have changed considerably from agricultural to industrial in nature.
Mr. Naylor stated the applicant wishes to rezone to market the property to industrial users and
stimulate interest for a shovel-ready site. He reported the percentage of available industrial
property in the area as only 2% and stated potential investors and developers will look past Weld
County if nothing is available. Mr. Naylor stated the applicant wants to take advantage of the
location and feels an Industrial zoned property is compatible with surrounding uses. Mr. Naylor
reviewed the standards for compatibility and compliance and listed the evidence supporting the
application.
la No public testimony was offered concerning this matter.
IR In response to Commissioner Cozad, Mr. Naylor explained the existing oil and gas activity
in the area and stated currently there is not a proposed use planned. He explained the process
of obtaining a complete Geotechnical Report depending on the development that occurs and the
structures that are planned.
02 Commissioner Cozad requested clarification regarding the access points. Ms. Lundquist
explained the meeting with Tri-State and United Power in consideration of the CR 49 Project to
consolidate accesses.
Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.A and the
Board agreed. She asked for clarification regarding the deletion of COA #2.E. After further
discussion, the Board agreed to delete COA#2.H and keep COA#2.E. Commissioner Kirkmeyer
recommended deleting COA#2.F, G, L, M, and N. The Board agreed. She further recommended
adding language to create a new COA#3.6 to read, "Any access to County Road 49 will need to
adhere to the Weld County Road 49 Access Management Plan."The Board agreed.
Commissioner Cozad corrected COA#3.D. The Board agreed.
In response to Chair Freeman, Mr. Naylor, on behalf of Wes Moser, Inc., indicated they have
reviewed, and agree to abide by, the Conditions of Approval, as amended.
12 Commissioner Cozad requested clarification regarding improvements along CR 49 and
CR 30 turn lanes and design. Ms. Lundquist deferred to Elizabeth Relford, Department of Public
Works representative.
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IIEJ Ms. Relford explained the improvements required for any USRs along CR 49 and CR 30
have been completed and the County may even need to tear some of these out with the CR 49
Project.
Commissioner Kirkmeyer stated her agreement with the findings and her appreciation for
the applicant, and with that she moved to approve the request of Wes Moser, Inc., for a Change
of Zone, COZ15-0003, from the A (Agricultural) Zone District to the 1-3 (Industrial Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval as amended and entered into the record. The motion was seconded by
Commissioner Cozad who further stated she agreed with the comments of Commissioner
Kirkmeyer regarding the application meeting the findings and the criteria of the Weld County
Code. She also emphasized her support based on the compatibility and the potential for
development of this particular area and the importance that there has been no public objection to
this application. I Commissioner Conway echoed his agreement with the comments of his
fellow Commissioners and stated there is a shortage of Industrial shovel ready sites. Chair
Freeman echoed his support for the application. There being no further discussion, the motion
carried unanimously and the hearing was completed at 11:10 a.m.
This Certification was approved on the 14th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST. `
�/itAgiv ►. •� Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Co way, Pro-T-
BY:
D y Clerk to the Board ���•.� . __' ' ' ��
ul. A. Cozad
APP . V. AS M:
ara Kirkmeyer
un y ttorney ��' ,�Y i •
eve Moreno
1/4-5/c2.5-'
Date of signature:
2016-0758
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