HomeMy WebLinkAbout20153043 HEARING CERTIFICATION
DOCKET NO . 2015-89
RE : CHANGE OF ZONE , COZ15-0002, FROM THE A ( AGRICULTURAL) ZONE DISTRICT
TO THE 1 -3 ( INDUSTRIAL) ZONE DISTRICT- M2 LANDCO, LLC , C/O ERIK
HALVERSON
A public hearing was conducted on September 16 . 2015 , at 10 : 00 a . m . . with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman . Pro-Tem
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 :
r I hereby certify that pursuant to a notice dated August 14 . 2015. and duly published
August 19 . 2015 . in the Greeley Tribune . a public hearing was conducted to consider the request
of M2 Landco. LLC , c/o Erik Halverson , for a Change of Zone from the A (Agricultural ) Zone
District to the 1 -3 ( Industrial) Zone District. Bruce Barker, County Attorney, made this a matter of
record .
P-1 Diana Aungst, Department of Planning Services . presented a brief summary of the proposal
and stated that Staff sent out 16 referrals and 14 of those either did not respond or responded
with no concerns . She described the site location in relation to the rail access. the closest
municipalities . and nearest residences. Ms . Aungst clarified that any proposed use would either
require a Site Plan Review. if it is a Use by Right, or a Use by Special Review Permit. She stated
that depending on the proposed use, it may be required to install a buffer between the residential
development and the site . Ms . Aungst reported no correspondence has been received from
surrounding property owners and the current access points are not changing : furthermore. as
development occurs, it may trigger an Improvements and Road Maintenance Agreement. She
reviewed the road classifications based on the 2035 Transportation Plan , and stated the site is
located in the three (3) mile referral area of the Towns of Windsor and Severance , and the City of
Greeley. The Towns of Windsor and Severance both stated no concerns in the referral process
and the applicant has met with the City of Greeley regarding annexation . Ms . Aungst entered the
favorable recommendation of the Planning Commission into the record as written , and displayed
images of the site and surrounding views . In response to Commissioner Cozad , Ms . Aungst stated
there are 5-7 homes built in this development and it is permitted for seven (7) lots . In response to
Commissioner Conway. Ms . Aungst stated the estates are built out.
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Wayne Howard , Department of Public Works , provided a brief overview of the transportation
plans and requirements and reviewed the confusing road ownership in the area . He stated an
Access Permit has been granted , AP#15-00088 . and the City of Greeley has requested the
right-of-way be preserved at 100 feet and staff is requesting an additional 20 feet be shown on
the site map for that reason .
P Lauren Light. Department of Public Health and Environment, reviewed the water and sewer
provisions stating North Weld County Water District provided a letter stating they had no conflicts
and when the business is on site . the applicant will provide commercial septic. She reviewed the
notes for the plat as Conditions of Approval (COA) #2 . F and G .
John Tufte . represented the applicant and reviewed the location , size of parcel and the
applicant's desire to change the zoning to 1 -3 Industrial to create similar zoning for the remainder
of the Great Western Industrial Park. He stated the site is also located within the Northwest
Industrial Corridor of the Greeley Comprehensive Master Plan and the owner has met with the
City of Greeley. Weld County . and adjacent property owners to discuss the plans for the site.
Mr. Tufte clarified some of these meetings were before Planning Commission and others took
place after, and the applicant is committed to continue these meetings with the aforementioned
regarding future growth . He stated they have reviewed the comments and Conditions and have
no issues . He thanked the Planning Department for their assistance with the application . In
response to Commissioner Conway. Mr. Tufte deferred responding to Erik Halverson . applicant.
Chair Kirkmeyer interjected the response to this question will follow public input .
Sandra Miller, neighbor, read her letter of opposition referenced as Exhibit D . She listed her
concerns to include railroad construction . currently zoned for agriculture . no contact regarding this
development. and forever altering their neighborhood lifestyle . She stated she is not opposed to
moderate development but is opposed to a railroad storage yard . She also mentioned the problem
with getting to the ditch head to change the water flow considering this ditch provides irrigation
water to multiple owners. She mentioned the Right to Farm Statement regarding the value of
getting water to irrigate the land . In response to Commissioner Cozad , Ms . Miller pointed out the
Whitney Ditch location and her property on the map and reiterated the recent railroad construction
as the reason for lack of access to the ditch head . In response to Commissioner Conway , Ms .
Miller stated their first contact from the applicant was last night, and they did see the Notice of
Zoning Change signs and did attend the Planning Commission hearing .
Jackie Dilka . neighbor to the west, stated she feels ignored with the railroad construction
and development going on in close proximity and how the increase in traffic has affected their
quality of life. She listed her concerns to include the railroad construction without notification . and
lack of weed maintenance on the property. She expressed her frustration with mature weeds
affecting her crops. In response to Commissioner Conway. Ms . Dilka stated that Mr. Halverson
did contact them and they were able to discuss the importance of mowing the weeds before they
seed and he was responsive .
2 Tom Livingston , neighbor. expressed he is not opposed to the development or the change
in zoning : however, he is extremely concerned with the lack of safety regarding the road curvature
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and the increase of traffic. Mr. Livingston stated he has witnessed many serious accidents and
the emergency authorities arriving to these accidents are confused regarding accountability
because of the various entities' partial ownership of certain portions of the road . He mentioned
when the traffic for these projects is reviewed individually, there may not be enough traffic
generated to prompt road improvements ; however. the collective traffic increase that has been
generated has increased the number of accidents and should be taken into consideration .
Mr. Livingston stated the applicant needs to accept fair share of the responsibility for these
improvements and the public safety of the area . there needs to be buffering to the north , and
consideration given to the residences in the area . In response to Commissioner Conway.
Mr. Livingston pointed out his property and how the road curves on the map, and recommended
above standard landscaping and berming for the buffering .
1= David Ludwick. neighbor. stated his first contact with Mr. Halverson was last night at
6: 00 p. m . . and he gave him a map and a card . Mr. Ludwick expressed his frustration with being
in the dark regarding this development, does not support the Change of Zone to Industrial . and is
concerned regarding the buffering to the north and what is going to be on that site. In response
to Commissioner Conway. Mr. Ludwick stated the future use determine the type of buffering
needed . Commissioner Conway asked regarding public meetings, and the response was deferred
to Mr. Halverson .
Erik Halverson , applicant, stated he made a round of house calls prior to the Planning
Commission hearing and not everyone was home . He put forth another effort last night and two
houses did not answer but he did receive a phone call back this morning from one of those
neighbors. In response to Commissioner Conway , Mr. Halverson clarified the dates he attempted
to contact surrounding property owners . In response to Commissioner Cozad . he reported
discussing annexation with the City of Greeley: however. there is no definite development yet and
access to utilities may pose a problem for annexation . Further responding to Commissioner
Cozad . Mr. Halverson said they do not have any idea what the development will be . In response
to Commissioner Conway . he confirmed railroad storage is a possibility. In response to
Commissioner Freeman , Mr. Halverson explained various scenarios regarding buffering
possibilities and safety concerns due to the elevation differential . In response to Chair Kirkmeyer.
he anticipates any development will require a traffic study to identify access and traffic. He also
addressed the concerns with the head gate and irrigation access and stated he will set up a
meeting as soon as possible to create a safe access point. Mr. Halverson stated he understands
they need to improve their outreach prior to projects , and he has received an education in weed
maintenance. He is interested in participating in solutions for the concerns that were mentioned ,
depending how this property gets used .
In response to Commissioner Cozad , Mr. Howard clarified the timing for requiring a Traffic
Study and an Improvements Agreement and explained the uniqueness of this situation as it
pertains to multiple entities having jurisdiction over different portions of the road in question . He
stated shared jurisdiction would help with a solution and the dangerous curve portion of the road
is in the jurisdiction of the City of Greeley and we would need their cooperation . In response to
Commissioner Cozad , Mr. Barker clarified the process for the Site Plan Review approval and the
appeal process to bring it before the Board . Chair Kirkmeyer expressed concern regarding
measures to be taken to ensure the safety of the public on this roadway is being addressed .
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HEARING CERTIFICATION - M2 LANDCO , LLC . C/O ERIK HALVERSON (COZ15-0002)
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Ms. Aungst reviewed the process of adding notes to the plat regarding buffering and
landscaping and sending out letters to surrounding property owners for the site plan review. She
stated she has no current solution for the roadway in question . Mr. Barker interjected the directive
that the site plan needs to include some provision for off-site improvements to local roadways .
Mr. Halverson reiterated the development of the parcel is still in question which is why he is
asking for flexibility with the road improvements until the development plan is in place and they
can seek a long term solution that best fits the area . Chair Kirkmeyer restated her concern for
safety and emphasized the necessity for a solution . Commissioner Cozad added her concerns
regarding the impact this development may have to surrounding property owners .
-= In response to Chair Kirkmeyer, Ms . Aungst repeated the language to become the new
COA #2 . C , D and E , and re-letter accordingly. These new Conditions address the future Site Plan
Review requirements of notification to surrounding property owners regarding the intended
development. the buffering and screening requirement, and the Traffic Impact Study.
Commissioner Freeman expressed his concerns over the lack of Weld County jurisdiction
regarding the road in question . Chair Kirkmeyer responded that certain portions are on the
applicant's property and that would assist in procuring a solution and attaining cooperation from
the City of Greeley.
P In response to Commissioner Moreno, Mr. Howard stated what was discussed is the most
recent traffic count for the area . In response to Commissioner Cozad , Ms. Aungst clarified the
floodplain map is currently being updated and the prediction is . after the update is complete , this
site will no longer be in a floodplain .
VE In response to Chair Kirkmeyer, Mr. Halverson , indicated he has reviewed , and agrees to
abide by. the Conditions of Approval , as amended .
Commissioner Cozad stated the zoning makes sense and moved to approve the request
of M2 Landco. LLC , c/o Erik Halverson , for a Change of Zone 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 Freeman . Lra. Commissioner Cozad
encouraged the applicant to work with the neighbors . Commissioner Moreno concurred with
Commissioner Cozad regarding better communications and stated the COZ does meet the
requirements: however, the unknown and traffic is a concern . He thanked the neighbors for being
present and making comments . P Commissioner Freeman also thanked the neighbors for
coming and expressed his concerns with what development would be decided on and the lack of
control over the poor communications of the railroad . Commissioner Conway concurred with
his fellow Commissioners and stated better communication serves you better for the long term.
He expressed his appreciation for addressing the weed issue . stated annexation into Greeley
2015-3043
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HEARING CERTIFICATION - M2 LANDCO . LLC . 0/O ERIK HALVERSON (COZ15-0002)
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might solve some of the traffic issues, and reminded the applicant that the neighbors need access
to the head gate for irrigation . Chair Kirkmeyer also thanked the public for attending . The
motion carried unanimously. There being no further discussion . the hearing was completed at
11 : 17 a . m .
This Certification was approved on the 21st day of September. 2015 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: datifik) Cs( �eS�� EXCUSED DATE OF APPROVAL
v Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
-17R4-)- - • CU-I;
•
Mike Freeman . Pro-Tern
BY: A_} (2 -) attital
D Clerk to the Boar / ,,w f
, \s j . / , Sean P . Conway
1$fl itedt.S4C2 ulie A. Cozad
Nreyi'C �
U � Steve Moreno
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