HomeMy WebLinkAbout20153560.tiff HEARING CERTIFICATION
DOCKET NO. 2015-82.B
RE: A CHANGE OF ZONE, COZ15-0001, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-2 (INDUSTRIAL) ZONE DISTRICT - WELD 34, LLC, C/O ENVIROTECH
SERVICES
A public hearing was conducted on November 18, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
E I hereby certify that pursuant to a notice dated July 31, 2015, and duly published
August 5, 2015, in the Greeley Tribune, a public hearing was conducted on September 16, 2015,
to consider the request of Weld 34, LLC, c/o EnviroTech Services, for a Change of Zone,
COZ15-0001, from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District, at which
time, the matter was continued to allow the applicant additional time to evaluate development
options. On November 18, 2015, Bruce Barker, County Attorney, made this a matter of record.
IR Diana Aungst, Department of Planning Services, presented a brief summary of the duties
of the Board of County Commissioners regarding Change of Zone applications and relevant code
provisions of the Weld County Code which clearly state the requirements that must be met by the
a.gplicant, which bears the burden of proof, before a Change of Zone may be granted.
Ms. Aungst summarized the details related to the application and reported that staff sent
out 21 referral requests and 15 either did not respond or listed no concerns. She reviewed the
location, relevant roads and rails, and stated there is a residence on the property served with
public water by the City of Greeley, existing septic for use by house tenants only, and that future
development may involve upsizing the water line and possible change in use of the water tap.
Ms. Aungst clarified the applicant's intent is to provide a shovel-ready industrial site where primary
job providers will be able to develop due to the new zoning. She stated the 137-acre site will
provide opportunities for businesses needing access to rail and road infrastructure. Ms. Aungst
reported that improvements to County Road (CR) 13 and U.S. Highway (HWY) 34 are proposed
due to the approval of the Martin Marietta Asphalt and Batch plant. If additional improvements
are required after development of this site, the potential further improvements will be dependent
on a future traffic study. She confirmed any proposed Use by Right in the 1-2 (Industrial) Zone
District will require a Site Plan Review. She described the surrounding uses and zones and stated
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staff is recommending screening and buffering between the site and the adjacent residential area.
She reported receiving 69 letters from surrounding property owners listing concerns with
incompatibility with the adjacent low density residential uses. She stated the Town of Windsor
and the City of Greeley submitted referral responses stating this development is inconsistent with
the existing 2008 Windsor/Greeley Intergovernmental Agreement and incompatible with the vision
that the Town of Windsor and the City of Greeley have developed for this area. She further
mentioned that the Town of Johnstown submitted a referral response in the form of Resolution
2015-08 opposing this Change of Zone based on incompatibility with the Johnstown
Comprehensive Plan. She displayed images of the site and surrounding properties and pointed
out the different Zone Districts in the area, and entered the undecided tie vote of 4-4 of the
Planning Commission into the record as written.
e Wayne Howard, Department of Planning Services Engineer representative, provided a brief
overview of the transportation plans and requirements stating the site is on the east side of CR 13
which is delineated as an arterial requiring 140 feet of right-of-way. He stated the Department of
Public Works has requested the applicant delineate any additional right-of-way, if necessary, and
he confirmed there are several accesses to the site that have been approved under the same
Access Permit Number, AP#15-00268. Mr. Howard explained that neither Drainage nor Traffic
plans have been submitted; however, they will be addressed when a more certain development
plan is underway. He clarified that the train traffic will not cross HWY 34 but will arrive and exit
only from the south part of the site.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the City of Greeley or Little Thompson Water District will provide water and an
engineered commercial septic system will be installed once the business is established. She
clarified that there is an existing water tap provided by the City of Greeley that provides water to
the current residence and it may be able to be changed to commercial/industrial. The applicants
indicated they may want Little Thompson Water District to provide water and would provide
documentation stating such. The current septic system has been inspected and staff suggested
several notes to the plat related to the future development of the site.
E Mike Ketterling, AB Engineers, represented the applicant and reviewed the considerations
for a Change of Zone and confirmed there is no known use for this site at this time, and once a
user is identified, these requirements can be addressed. He stated the advantages of the location
in relation to HWY 34 and Interstate 25 and continued with a futuristic picture of the general area
to include more primary employment business development to the immediate corridor, and
beyond that a secondary mix of residential and supporting neighborhood commercial
development. He clarified because of the Class One Rail Access and the proximity to major
roadways in the area, this location offers a unique benefit to future business opportunities.
e Tim Pike, applicant, displayed a PowerPoint presentation and began with calculations of
population growth projections in Weld County and the reasons for choosing this particular site
including access to HWY 34 and 1-25 and the importance of the rail access as a vital economic
driver alleviating the need for truck traffic. He referenced the Weld County Code Sections related
to Economic Development and clarified their intent to create a "shovel-ready" industrial site to
attract a primary job provider for the development. eMr. Pike outlined what makes the property
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special to include the ability to receive product from two Class One Railroads, Burlington Northern
and Union Pacific, by way of Great Western Railroad, and without crossing HWY 34. He explained
the possibility of either a loop rail or a ladder track system depending on whether it is one company
or several companies utilizing the rail access. Mr. Pike reviewed the outcome of the two outreach
meetings with the Indianhead Estate Neighborhood Association, CLR-34, and summarized the
concerns to be mainly focused on compatibility, which he addressed with a map showing the
various Zone Districts and USRs in the area. He refuted the referrals from the Town of Windsor
and City of Greeley stating issues with compatibility by referencing the Employment Corridor
Resolution created by these municipalities which allows light to medium industrial uses in this
area. Mr. Pike addressed concerns regarding noise.
IE Troy McWhinney, applicant, stated the CLR-34 Neighborhood Association presented the
worst case scenarios at Planning Commission and proceeded to provide some other examples
of medium industrial in close proximity to residential in northern Colorado. He also reviewed the
setbacks and clarified that Weld County does not regulate rail setback; however, they are
proposing a 100-foot setback, 100 feet of open space buffer for landscape, and a 150-foot setback
for any building structure, all in light of the fact that the Weld County Code requires a minimum of
10 feet. Mr. McWhinney reiterated that although they do not have specific users, there are various
possibilities for the design and layout of the site and he displayed plans for several lots and for
one lot, explained the buffers, and gave some information regarding a prospective client they
have been in talks with. He stated the importance of having a "shovel-ready", permit ready, site.
In response to Commissioner Moreno, Mr. McWhinney reviewed the set-back proposals.
e In response to Commissioner Conway, Mr. McWhinney emphasized the benefit of
competition in the corridor and transportation proximity, both in relation to the future growth to the
area.
▪ Chair Kirkmeyer opened the hearing to public input and defined the parameters for public
testimony.
IR Troy Mellon, Town of Johnstown Council member, introduced John Franklin, the Town
Planner, and began by explaining his overall view of various uses in the area and stated the I-1
(Industrial) Zone would be more complimentary to the existing area and that he was concerned
in particular with the possibility of a specific use for transloading. Mr. Mellon corrected the map
reflecting the various zones.
In response to Commissioner Cozad, Mr. Mellon stated the applicant made no effort to meet
with them. Mr. Franklin responded that when they updated the Comprehensive Plan in 2006, they
did approach the owner with the possibility of annexing into Johnstown, with consideration given
to Indianhead Estates in regard to future development. He stated they have employment
designations along HWY 34 outreaching from 1-25; however, when encountering this particular
situation they chose to be more conservative and put a commercial designation, rather than just
an employment designation, considering the compatibility of the area. Further, he stated existing
rail rarely benefits commercial development, and at the time they hoped to have a Planned Unit
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Development (PUD) with more of a mixed use for that area. Mr. Mellon clarified National Oilwell
Varco is not transloading, they are manufacturing and storing big spools of plastic pipe.
E In response to Commissioner Conway, Mr. Mellon confirmed the applicant did not reach out
regarding possible annexation plans.
In response to Commissioner Moreno, Mr. Mellon stated the Resolution is a statement from
the Town Council and he stated with fair confidence that it is the"blank check"of the 1-2(Industrial)
Zone that is unanimously concerning to Council. He reiterated the more intense uses are
concerning.
Chair Kirkmeyer addressed Trustee Mellon, stating that even with a PUD the applicant can
call out the 1-2 and I-1 uses, or the entire PUD could become an 1-2 District. Mr. Mellon stated
that is true; however, the County Commissioners or Town Council members could place stringent
and well thought out design guidelines on those uses. He clarified that a Use by Right or Staff
Review in the absence of well thought out guidelines is concerning. Mr. Mellon also stated the
importance of having a say in the process as local government officials. Chair Kirkmeyer reminded
them of the guidelines and site requirements that would have to be met.
In response to Chair Kirkmeyer, Mr. Mellon stated they were not included in the Windsor/
Greeley agreement; however, they have opened bilateral communications. He clarified what the
Board of Johnstown would like to see is not so much the bilateral agreements but more of a
multijurisdictional participatory vision for the area. Mr. Franklin responded regarding the
transportation development and related economic development stating the key is to consider what
uses should be supported or discouraged given the unique characteristic of the corridor. He
further stated the desire to project an overall good neighbor image to surrounding jurisdictions
and adjoining land uses as a collective goal.
e In response to Chair Kirkmeyer, Mr. Franklin stated his support for the voluntary setbacks
and having worked with Mr. McWhinney in the past, it can be expected that he will provide
performance standards and a set of compatibility standards to assist with mitigation; however,
there are uses, because of the very nature of the particular operation, that could overwhelm the
substantial buffer. He reiterated there are uses that would be supported if the level of compatibility
is there.
Chair Kirkmeyer referenced the Iron Horse Industrial Park and the company shipping pipe in
and out. Mr. Franklin stated the company is National Oilwell Varco and the Town is very pleased
with the outcome of this PUD because you can hardly tell it is there. He confirmed it is a good
example of the vision for employment, the setbacks are comparable to what has been proposed,
and there is no residential around the development.
In response to Commissioner Conway, Mr. Mellon stated his concerns are due to the
unknown aspects of the COZ process in comparison to a PUD or USR which would allow more
close oversight by elected authorities and a more certain outcome.
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Mr. Franklin added that one of the success points of design guidelines is it bridges the gap
between good public input and expedited "shovel-ready" development.
Tom Haren, Upstate Colorado Economic Development, submitted a letter for the record and
stated that, in general, Upstate supports these types of projects, both commercial and industrial,
as there is a very low vacancy availability in Northern Colorado. When businesses come to town
they want to know three things with certainty: How long will it take?, What will it cost?, and What
have do they need to do? He further mentioned that creating these types of sites creates
opportunity for new businesses and the jobs that come with them.
Chair Kirkmeyer called a recess at 11:30 a.m.
Chair Kirkmeyer reconvened the hearing at 1:38 p.m.
Dave Kisker, CLR-34 Neighborhood Association Opposition Group for Indianhead Estates,
hereinafter referred to as CLR-34, stated he is personally invested because he lives in close
proximity to the proposed rezoning site and the resulting disruption to the quiet enjoyment of his
property would threaten his health, safety and welfare. He began the PowerPoint presentation
and stated he would be followed by other CLR-34 speakers, each within the two minute time
frame, who would be referencing the various slides in the presentation. (Clerk's Note: The
PowerPoint presentation and each speaker for CLR-34 is referenced by Exhibits N through Al for
public record.) Mr. Kisker stated for the record and on behalf of the opposition group that he is
formally objecting to the limitations being placed on the presentation, of two (2) minutes per
speaker, and that there be no repetition of the concerns. He clarified that in the past they have
been allowed to present in a more thorough and flexible manner and he stated this restrictive
procedure has violated his first amendment right to petition the government and also his due
process rights to a full and fair adjudication of their rights. Lastly, he presented the reasons, per
the Weld County Code that the application should be denied referencing Sections: 22-1-120,
22-2-20.B, 22-2-30.B, 22-6-20.C.1, 22-6-20.E.1, 22-2-80.A, 22-2-80.C, 23-2-40.B.2, 23-2-40.B.3,
and 22-2-40.B.4, and listing concerns with compatibility, adequate facilities, and spot rezoning.
In response to Commissioner Cozad, Mr. Kisker stated adequate streets and roads are
necessary and at the current time they are not available; therefore, the applicant would either
need to agree to a delay in the process or agree to pay for it themselves. He further stated the
applicant speculating what might happen from a different land use application is not allowed.
Judy Leinweber, CLR-34, referenced slide#3 and stated concerns related to the approval of
the Change of Zone which would allow the applicant to develop the property to the maximum
intensity uses allowed in the new Zone District. Ms. Leinweber's statement is referenced as
Exhibit P.
El Ellen Kisker, CLR-34, referenced slides#4-6 and stated concerns related to private property
rights that are not unlimited but must be balanced with the responsibility of protecting community
health, safety and welfare. a In response to Commissioner Conway, Ms. Kisker clarified the
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view that there must be a balance between new development proposals and surrounding private
property rights.
le Barbara Moe, CLR-34, stated she lives directly across from the proposed property and has
never been contacted by the applicant. She referenced slide #7 and emphasized that if this
application is approved it would clearly violate the Weld County Fairness Doctrine.
E Joanne Fenton, CLR-34, referenced slides #8-9 regarding the guiding principles of the
Comprehensive Plan, Section 22-1-120 of the Weld County Code, and stating the criterion is not
met to protect the health, safety and welfare of the public.
Susan Oplinger, CLR-34, stated her property directly abuts the proposed site. She referenced
slide #10 and stated that per the Weld County Code Section 22-2-20.B, regarding agriculture
goals and policies to allow commercial and industrial uses which are directly related to or
dependent on agriculture, that this application does not meet the criterion resulting in the
requirement that it be denied. In response to Commissioner Conway, Ms. Oplinger clarified
because the current use is in agricultural production, this application does not meet the
requirements for approval.
E Bradford Thomas, CLR-34, referenced slides #11-12, and stated that Section 22-2-80.A of
the Weld County Code is clear regarding the goal to respect the Growth Management Areas of
Surrounding Communities when considering the siting of industrial activities and he reemphasized
that all surrounding municipalities cited the proposal as inconsistent and incompatible in the
referral responses. Mr. Thomas also stated that the applicant has not been clear regarding the
traffic impact which must be demonstrated prior to rezoning. He stated these concerns show that
the requirements for Chapter 22 have not been met.
El Melanie Schlotter, CLR-34, referenced slides #13-14 regarding Section 22-6-20.C.1
Economic Goals and Policies of the Weld County Code as related to protecting the rights of private
property owners and the public health, safety and welfare of constituents. She further stated the
rezoning effort of this application violates these policies, therefore, the criterion is not met.
e Susie Straub, CLR-34, referenced slides #15-16 regarding Section 22-2-30.6 related to
Urban Development which states that heavy industrial uses should be located on the perimeter
of development and not in the middle of a mixed use corridor.
le Mel Bickling, CLR-34, referenced slides#17-19, addressing the impacts of noise, odors, air
pollution, traffic, property value loss, and other effects of an industrial activity in relation to this
COZ that shares a property boundary with several residences. Mr. Bickling mentioned the lack of
willingness to mitigate noise makes this incompatible. He further stated the applicant made no
mention of the berm they were going to put in as a means of mitigation. In response to
Commissioner Conway, Mr. Bickling explained the traffic noise from HWY 34 dissipates and the
first row of houses get the most noise. He communicated his appreciation for the residential limit
that was placed on Martin Marietta by the Commissioners. In response to Commissioner
Freeman, Mr. Bickling stated the noise generated from Weld 34, LLV, may also dissipate. In
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response to Chair Kirkmeyer, he gave the approximate distance from the subdivision to HWY 34
as about 100 feet.
le John Wallace, CLR-34, referenced slides #20-21 regarding the negative impacts of
incompatibility to the homeowners, economy and future development.
le Lisa Piraino, CLR-34, referenced slides#22-23 and stated that the surrounding communities
have objected to this application through the referral responses with complete clarity. She further
referenced Weld County Code Section 23-2-40.6.2 and stated the proposed rezoning is
fundamentally incompatible with surrounding land uses because of the industrial nature of the
proposed use.
Karl Scott, CLR-34, stated his house faces the property of the proposed COZ and referenced
slides #24-25 regarding the applicant's responsibility to demonstrate that adequate water and
sewer service can be made available and that street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed zone district. Mr. Scott
reiterated that without knowing what will be on the site the applicant cannot meet these
requirements, therefore, the application must be denied. In response to Commissioner Conway,
Mr. Scott stated he does not hear the traffic from HWY 34 but he will be next to the rail loop that
is being proposed which will affect his ability to sleep. In response to Commissioner Cozad, he
clarified his synopsis of the applicant's lack of transparency regarding possible traffic related
improvements and utilities demands that should be a part of the application process but has yet
to be defined. He inferred if it cannot be defined it should not be approved without knowing the
impacts to the surrounding property owners.
Deborah Johnston, CLR-34, referenced slide #26, regarding the criteria discussed in the
decision making process and stated the decision cannot be made based on mere claims by the
applicant and it cannot be swayed by political or potential economic impact. Commissioner Cozad
interjected that economic impact is a factor allowed in the decision making process and
questioned Ms. Johnston regarding this; to which, she clarified her stance by stating the economic
impact is an unknown because the true use remains unknown, therefore, these claims must be
dismissed.
Gary Oplinger, CLR-34, referenced slides #27-31 defining spot rezoning and stating this
change of zone meets this definition as it benefits the one property owner to the detriment of many
property owners. He further stated that because no use has been put forward it is a violation and
should be denied.
El Alice Anderson, CLR-34, referenced slides #32-34 and stated that nothing useful was
accomplished in the two meetings with Mr. Pike. She reviewed the concerns that were discussed
regarding possible uses and impacts to the neighborhood and stated that Mr. Pike clearly
communicated EnviroTech would not commit to any limits other than those put in place by the
County and that they were unwilling to eliminate any of the allowable Uses by Right. In response
to Commissioner Cozad, Ms. Anderson stated commercial or light industrial would be acceptable.
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le Bob Emmerich, CLR-34, referenced slide #35 and stated that at Planning Commission it
was instructed to the applicant to take seriously the willingness of CLR-34 to propose a substantial
mitigation plan; however, the applicant has not been willing to discuss potential solutions to the
fundamental incompatibility. He emphasized the concerns regarding the visual impact and height
of any proposed structures and also the possibility of a 500-foot buffer/conservation easement to
assist with noise mitigation, visual impact, and dust. Mr. Emmerich clarified that CLR-34 is not
opposed to change or economic growth but are instead seeking the right change for this area. In
response to Commissioner Conway, he stated he is an engineer and there is space that can be
used as a buffer. He further stated in other counties he has lived in, buffer easements are
generally greater than 1000 feet between 1-2 Industrial and Residential. Mr. Emmerich also
clarified the different types of noises differentiated between white noise and colored noise and
how this can be mitigated with buffer easements depending on type.
El Diana Beccue, CLR-34, referenced slides #37-38 regarding the minimum necessary
mitigations in relation to reducing odor emissions, noise limited by decibels, hours of operation
limited, haul routes to go north from the site, all truck loads must be covered, and that oil
transloading and any services related to the oil industry be restricted because of the invasiveness
and intensity of these types of uses.
Royal Kupec, CLR-34, referenced slides #39-40 regarding the foundation for denial and
mentioned the application fails in numerous ways. He stated the COZ will not promote health,
safety, convenience, morals, order and welfare of the present and future inhabitants of the County
and it is not compliant with Chapter 23 of the Weld County Code. He further stated it does not
conform to multiple sections of Chapter 22, the guiding principles are not met and there is no
evidence that changing land use patterns would justify this amendment; and lastly, surrounding
municipalities do not agree with the 1-2 Zoning as it has not been changed for over 40 years.
IR Sue Thomas, CLR-34, referenced slides#42-43 and continued with reasons for denial listing
incompatibility and inadequate demonstration that services for water and sewer would not have
a negative impact. She further stated the applicant has not demonstrated that the road
infrastructure would be adequate for their indeterminate use.
El Jim Piraino, CLR-34, referenced slide#44 and summarized the reasons for denial based on
evidence only. He stated this application is for spot-zoning, does not meet the criteria in the Weld
County Code, and has no definition for the future use. He requested the Board deny this
application and wait for the applicant to return with a Use by Special Review application to provide
answers to the unknown. In response to Commissioner Cozad, he stated he is not opposed to
development and he has envisioned commercial growth and never thought heavy industrial would
even be an option. In response to Commissioner Conway, he stated he does not hear the traffic.
In response to Commissioner Moreno, Mr. Piraino stated there are other uses that would be more
acceptable to the group as a whole and the group has shown why this particular application is not
acceptable.
Chair Kirkmeyer announced a short recess would be taken and to reconvene at 3:00 p.m.
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El Chair Kirkmeyer reconvened the hearing at 3:05 p.m. and stated public input will continue.
e Don Casey, surrounding property owner, stated his biggest problem is the train being in close
proximity as his property backs up to this site and it is within 150 feet of his back yard. He
conveyed his frustration with multiple trains that he will be able to feel, hear, and smell, twenty
four hours a day, seven days a week. He is concerned he will not be able to go in his back yard
and stated he would much prefer 40 trucks to multiple trains. Mr. Casey requested the Board deny
the rezoning as it is an unknown plan, a bad location, is not compatible with the neighborhood,
and once it is done there is no going back. In response to Commissioner Conway, he stated the
traffic noise at his home depends on the direction of the wind.
le Bonnie Cooper, surrounding property owner, stated she has many of the same concerns as
mentioned by her neighbors. She emphasized the neighborhood was there first and this unknown
development is attempting to move in. Ms. Cooper stated because this is an unknown use it is
necessary to plan for the worst.
e Sharon Collins, surrounding property owner, stated her backyard shares the property line
with the COZ and she opposes this application. She read a letter to the Board listing concerns
related to the future unknown use and what might surface with the empowerment of the Board's
approval because the negative effects on the environment and property values from multiple
industrial uses would be irreversible. Ms. Collins stated her concerns with potentially poisonous
or flammable cargo on the railroads in close proximity to her residence and further mentioned the
increased truck traffic has already stressed the area. She stated a strategy without tactics can
only give bad results. Ms. Collins responded to earlier questions and stated that the noise at her
residence depends on the direction of the wind and she clarified the difference between
continuous versus discontinuous noise and the effects. She also mentioned the organization
called GONOCO which encourages tourism ideas for the region such as residential resorts,
antique malls and RV parks.
El Janet Ross, surrounding property owner, stated her concerns with increased truck and train
traffic, and she stated the application is vague and there are too many unknowns. She mentioned
there are already trains sitting on the tracks at CR 56 and CR 13 producing a low rumbling noise
that keeps her awake. She stated she has already experienced a loss of sleep, loss of enjoyment
of her property, and emphasized a speed limit would help and requested they do not bring heavy
industrial development to the corridor. In response to Commissioner Moreno, she stated
agricultural traffic is generally slower and seasonal. She further stated commercial and light
industrial would be more acceptable. In response to Commissioner Cozad, she expressed her
concern with heavy industrial being allowed in a residential area and putting one property owner
over the neighbors who have been present for over 40 years. She showed Commissioner Cozad
where her house is on the map and in relation to the train tracks and stated she has lived there
for 26 years and has seen an increase in train traffic.
El Rod Smith, surrounding property owner, stated his home backs up to the COZ site and he
has had his house for sale since the approval of Martin Marietta but no one wants to buy it without
knowing what is happening with the site in question. He stated his frustration with potentially losing
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$100,000.00 on the sale of his home because of the recent decisions. In response to
Commissioner Conway, he stated he bought his home ten years ago.
Chair Kirkmeyer closed public hearing.
• In response to Chair Kirkmeyer, Mr. Barker clarified for the record that Due Process requires
that an individual has the right to speak but not however long they wish to speak, as those terms
are set by the Board. He further clarified that the individual who made that comment also had
been provided the opportunity to speak and present the same case at Planning Commission
which became a part of the record. Mr. Barker stated in his opinion there has been no violation of
due process and that every individual had the opportunity to speak and present written materials.
He stated it is now part of the record and all the due process rights the public are entitled to have
been met.
In response to Chair Kirkmeyer, Mr. Barker stated that the Board did not deviate from the
process of public input because the process is set by the Board of County Commissioners and it
can change at each hearing as necessary. He reiterated that each individual had the ability to
speak and provide written materials, which is the due process, which is what they received.
• Chair Kirkmeyer invited the applicant to respond to the public input.
Mr. McWhinney stated the term "heavy industrial" is misleading and the application is not
proposing heavy industrial but 1-2 Industrial. In response to Mr. McWhinney, Chair Kirkmeyer
clarified the only difference between 1-2 Industrial and I-1 Industrial is that 1-2 Industrial Uses can
have outside storage. Mr. McWhinney further stated if the future proposed Use proceeds to a Site
Plan Review, it still has to meet the County standards. Chair Kirkmeyer clarified the Uses that are
Uses by Right, if the Change of Zone is granted, and stated there are conditions to meet the
requirements before developing the property. Commissioner Cozad interjected that a Site Plan
Review is also required.
• Mr. McWhinney offered to strike from the list of future uses four highly offensive uses to
include a junkyard, salvage yard, airstrip, and open mining permit.
Bruce Barker clarified these items cannot be restricted from any uses of the Zone.
• In response to Commissioner Moreno, Mr. McWhinney stated he has a great relationship
with the Town of Johnstown and mentioned some challenges regarding the Iron Horse Industrial
Park with the restriction on outdoor storage, which is another reason for seeking this COZ.
Mr. Pike stated he did reach out to the municipalities and he described the discussions with
these entities. He also stated his efforts with the Indianhead Estates subdivision which at the time
was in the midst of dealing with Martin Marietta and perhaps feeling assaulted from all sides.
Mr. Pike conveyed there was no offense taken and there were discussions of a brewery, or other
commercial developments, and that led to asking for a continuance to regroup and consider
options. Mr. Pike stated the neighborhood group was cordial the second time and he understands
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that after the approval of Martin Marietta the fear may be greater than the actual development
and sensed that anything that would be planned would not fit. He clarified he is very invested in
Weld County and in developing this property. He stated he does not think banks and restaurants
are a viable option for this particular site.
e Commissioner Moreno stated he is struggling with the uncertainty.
e Mr. Pike stated there is a need for shovel-ready industrial properties with access to rail.
e In response to Commissioner Moreno, Mr. Pike concurred that Great Western would be
servicing the property and the unique value of this site is Great Western has access to both
Burlington Northern and Union Pacific. He further agreed that the number of businesses that need
a uni-train are limited but so are the sites and these trains usually consist of 100 cars and arrive
to the site once per week, maybe twice. He explained the various operations of the possible train
schedules related to the various site possibilities.
e In response to Commissioner Freeman, Chair Kirkmeyer pointed out Condition of Approval
(COA) #3.F regarding notes on the plat referencing notification to surrounding property owners
within 300 feet.
le Commissioner Conway asked for clarification regarding the 500-foot setback.
Mr. McWhinney explained the different rail spur parameters in relation to the setbacks. He further
stated he does not have experience with oil and gas transloading. He conveyed his effort to find
out if staff received complaints regarding odor in relation to transloading and the answer was no.
Mr. Pike interjected regarding his experience that transloading requires an air quality permit
issued by the state.
e In response to Commissioner Conway, Mr. Pike stated he does not want to be held liable to
the residential noise limitation because noise from the other neighboring sites may push the
decibel reading on his site higher.
e In response to Commissioner Cozad, Mr. Pike stated there are three options offered and
they have no preference whether it stays one lot with one tenant or becomes several lots with
several tenants. Commissioner Cozad suggested the possibility of using the buildings as a buffer,
to which Mr. McWhinney replied they do not want to see a lot of buildings because of the necessity
for utilities and they have no intention of having buildings closer than 150 feet to the adjacent
properties which is still ten times greater of a buffer easement than what is required. Mr. Pike
interjected that the rails need space to make turns and they want to design the rail track on the
site to minimize vehicles having to cross the tracks. In response to Commissioner Conway,
Mr. Pike further explained the design of the rail track if there were several tenants.
e Chair Kirkmeyer asked regarding the 150-foot setback requirements being included in this
COZ. Mr. Barker clarified that these requirements cannot be a part of the COZ.
2015-3560
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PAGE 12
El In response to Commissioner Cozad, Mr. Barker explained spot zoning in relation to the
Weld County Code. He clarified the Board cannot be more restrictive, nor can they approve a
different zoning during this hearing because the notice has been provided for the current COZ.
In response to Commissioner Cozad, Ms. Aungst stated that Weld County was not invited to
participate in the Intergovernmental Agreement between the City of Greeley and the Town of
Windsor. She further clarified that the zoning across the street is within the boundaries of the
Town of Windsor and the parcel in question is zoned Limited Industrial. Ms. Aungst stated staff
recommended approval to Planning Commission based on a determination that the applicant did
meet the requirements.
• In response to Commissioner Moreno, Chair Kirkmeyer reviewed the process for the Change
of Zone from Agricultural to the 1-2 Industrial Zone to include the administrative steps for Uses by
Right and a Use by Special Review. She also summarized the five requirements to approve a
COZ.
Ms. Aungst clarified that in any Industrial Zone, for a Use by Right, a Site Plan Review is
required and each Site Plan has several design standards and requirements to be compliant with
the Weld County Code, and if the site or the applicant does not meet the requirements of the code
they will not receive a Site Plan Review to build their structures.
IE Chair Kirkmeyer reminded the Board and the public that before them today is only the
Change of Zone. She reviewed the staff comments related to compliance with Chapter 22. Chair
Kirkmeyer stated she will be in support of the Change of Zone based on the Weld County Code
Criteria from the following Sections: 23-2-40.6.1, 22-2-80.A, 22-6-20.C.1, 22-6-20.E.1, 22-2-30.B,
22-2-80.D, 22-2-80.C, 22-2-80.G, 22-3-60.F, 22-6-20.E.3, 22-6-20.C.2, 22-6-20.E, 22-1-120,
22-2-40.A, 22-2-40.B, 22-2-40.E, and 22-2-70. She further stated compatibility, utility availability,
and road and street availability have all been demonstrated by the applicant and staff and she
agrees that the requirements for a Change of Zone have been met.
• Commissioner Moreno reiterated he has concerns with the unknown development.
• Commissioner Conway began by extending his thanks to the applicant and the surrounding
property owners for participating in the process. He mentioned the comments from the Town of
Johnstown regarding not being opposed to development but desiring the right development.
Commissioner Conway stated he is struggling with granting a Change of Zone without knowing
what development is planned for the site which prevents current mitigation and restrictions in the
process. He feels there is a way to go about this, and agrees with the need for Industrial sites,
but feels uncomfortable voting for an 1-2 Industrial COZ without knowing what Use will be
developed.
le Chair Kirkmeyer stated the difference with the current Uses by Right in the Agricultural Zone
and the mitigation related to the Uses by Right for a COZ.
2015-3560
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HEARING CERTIFICATION -WELD 34, LLC, C/O ENVIROTECH SERVICES (COZ15-0001)
PAGE 13
E Commissioner Conway stated he is still not convinced and is willing to hear input from his
fellow Commissioners.
e Commissioner Cozad communicated her appreciation for everyone being present and for
Chair Kirkmeyer's extensive summary of her findings; however, she stated her struggle is with
Section 23-2-40.6.2 regarding compatibility in relation to the straight zoning and in light of the
design outlines shown today. She explained her concerns with the compatibility of the Indianhead
subdivision adjacent to an 1-2 Industrial Zone. Commissioner Cozad stated the only convincing
factor is the Site Plan Review process to mitigate the future incompatibilities. She stated there are
ways that differing uses can co-exist and ways to mitigate but she is undecided at the moment.
e Commissioner Freeman stated in regard to what must be reviewed and what is required to
approve a Change of Zone, the application does meet the requirements and it is compatible with
other uses in the area.
e In response to Commissioner Cozad, Ms. Aungst explained, in detail, the Site Plan Review
process including criteria requirements and standards, options for screening and buffering within
500 feet, and the process for surrounding property owner (SPO) notifications. Commissioner
Cozad suggested if this is approved to place a note requiring SPO notifications be evidenced by
certified mail.
E Mr. Barker clarified the Change of Zone to the 1-2 Industrial Zone District requires a Site Plan
Review to follow and in response to Commissioner Cozad, he stated it is not possible to define
the setbacks at this time.
e Commissioner Freeman moved to approve the request of Weld 34, LLC, do EnviroTech
Services, for a Change of Zone, COZ15-0001, from the A (Agricultural) Zone District to the
1-2 (Industrial) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. The motion was
seconded by Chair Kirkmeyer for the purpose of discussion.
e Commissioner Conway stated that in light of counsel given by the County Attorney restricting
mitigation as it is only a Change of Zone and considering the worst case scenario, he cannot
support the application. a Commissioner Cozad concurred with Commissioner Conway and
stated her concerns with compatibility will result in a no vote for her as well. a Chair Kirkmeyer
stated she will support the motion because she is unsure that the applicant can proceed through
a different process and she explained the different standard of approval with various options for
moving forward. She emphasized the design standards and guidelines are the way to mitigate
the concerns and balance out the private property rights and the fact that the applicant is willing
to ensure the public has opportunity to comment is above the norm. a Chair Kirkmeyer called
for a roll call vote which resulted in the motion failing by way of a 2-3 vote with Chair Kirkmeyer
and Commissioner Freeman voting for the motion and Commissioners Conway, Cozad and
Moreno voting in opposition. There being no further discussion, the hearing was completed at
4:55 p.m.
2015-3560
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HEARING CERTIFICATION -WELD 34, LLC, C/O ENVIROTECH SERVICES (COZ15-0001)
PAGE 14
This Certification was approved on the 23rd day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: diceisteiv JC,ll®;1,k.
arbara Kirkmeyer, hair
Weld C my Clerk to the Board
Mike Freeman Pro-Ter'
BY:
Deputy Cle to the Boar . : c _
pSd`1d j
�„r(,� Sean P. ConwayJ
O
�� ozad
Steve Moreno
2015-3560
PL2365
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