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Home My WebLink About20153547.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION • RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson,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: COZ15-0001 APPLICANT: WELD 34 LLC,C/O ENVIROTECH SERVICES PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE I-2 (INDUSTRIAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4 OF SECTION 18,5N,R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO. LOCATION: SOUTH OF AND ADJACENT TO US HWY 34 AND EAST OF AND ADJACENT TO CR 13. had no recommendation for approval or denial to the Board of County Commissioners. The Department of Planning Services'Staff recommends that this request be approved 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 22-2-80 A.I.Goal 1.states, "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas,Intergovernmental Agreement urban growth areas,growth management areas as defined in municipalities'comprehensive plans,the Regional Urbanization • Areas,Urban Development Nodes,along railroad infrastructure or where adequate services are currently available or reasonably obtainable." The proposed Change of Zone is located south of and adjacent to U.S.Highway 34 and east of CR 13. The Great Western Rail bisects this northwestern corner of the site and adequate services are considered reasonably obtainable. There is a residence on this property which is served with public water from the City of Greeley and a septic system. Future development on the site may require upsizing of the water line and a possible change in use of the water tap. If approved this Change of Zone will provide a"shovel-ready"industrial site where primary job providers would be able to develop due to zoning,infrastructure and services in place or reasonably obtainable. Section 22-6-20 ECON.Policy 3.1.states,"County activities and regulation should protect the rights of private property owners and the public health,safety and welfare,recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." The applicant is requesting a Change of Zone to 1-2 Industrial in accordance with the Change of Zone process outlined in the Weld County Code.This industrial zone contributes to the growth of the local economy. Section 22-6-20 E.ECON.Policy 5.1.states,1."The County should encourage an adequate supply of both services and land suitable for industrial development and redevelopment." An additional 137 acres of industrial zoned land provides opportunities for businesses to locate close iimilimow rail and road infrastructure. Additionally,there are services available or reasonably obtainable. Section 22-2-30 B.states,"Urban development is characterized by designated areas for residences, F cl retail,offices,services and other uses that are primarily located along major roadways,at major CO intersections and in subdivisions designed to accommodate these more intense uses.It relies on higher levels of services and infrastructure.Urban development patterns typically include a mix of x y'' residential,commercial,industrial and civic land uses in a compact transportation-oriented form. W Ai Larger areas of pavement for roadways,plazas and parking lots often accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing to manufacturing combined with research and development,which is less obtrusive and disruptive to surrounding properties.Frequently the heavier industrial uses are segregated into areas around the perimeter of N/5 3597 RESOLUTION COZ15-0001 WELD 34 LLC 010 ENVIROTECH SERVICES PAGE 2 communities and linked to major transportation networks . Light industry and manufacturing may also be at the perimeters. but they are more often integrated into the community " The intersection of CR 13 and U. S. Highway 34 is a major intersection and is designed to accommodate urban development. The mix of uses in the area is typical of urban development. The proposed Change of Zone is for 1-2 Industrial uses which may be considered light industry and manufacturing which could be integrated into the community_ Section 22-2-70 D I Goal 4 states. "All new industrial 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 the Improvements Agreement. Section 22-2-80 C . I Goal 3. states. "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments. " The proposed Change of Zone is located south of adjacent U S. Highway 34 and east of CR 13. The Great Western Rail bisects this northwestern corner of the site Improvements for CR 13 and U S . Highway 34 are proposed due to the approval of the Martin Marietta asphalt and concrete batch plant. It is unknown what type of uses will be on this site however. staff is requiring a traffic impact study with land use applications that have significant traffic so it can be determined if additional improvements to the intersection are required . Section 22-2-80 G . I . Goal 7 . states. "Recognize the importance of railroad infrastructure to some industrial uses. " Since there is rail on the site this may attract users who could benefit from this infrastructure. Section 22-3-60. F . T. Goal 6 States. " Encourage the continued use of rail corridors for future rail- related transportation uses. The Great Western Rail bisects that is located on this site this northwestern corner of the site and due to the location of the rail it is likely that proposed uses could benefit from this infrastructure_ Section 22-6-20 E . 3. ECON . Policy 5. 3. states, "Recognize and support existing railroad infrastructure. " The northwest corner of this site has the Great Western Rail tracks on it therefore potential users may utilize this rail . Section 22-6-20 E.2. ECON . Policy 3 2 states. "Ensure that County land use policies and regulations are structured so as not to impede economic prosperity and growth . " The County's land use policies allow for a request of a Change of Zone. The regulations of the Weld County Code are written to allow property owners to request to change the zoning on their properties. Section 22-6-20 E. ECON . Goal 5 . states. "Recognize and promote specific places and resources in the County that can uniquely support economic development This Change of Zone will add to the land suitable for industrial development and support economic development of the County. 1-2 Industrial zoning allows a wide-range of uses that are available to businesses. B. Section 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 RESOLUTION COZ15-0001 WELD 34 LLC C/O ENVIROTECH SERVICES PAGE 3 Any proposed use in the 1-2 Industrial Zone District will require either a Site Plan Review (if a Use by Right) or a Use by Special Review Permit. The land to the east of the site is a low-density residential subdivision (Indianhead Subdivision) which is zoned Agricultural. Due to the close proximity of low- density residential staff is recommending screening and buffering between the 1-2 development and the low-density residential uses adjacent to the site The Department of Planning Services has received 59 letters from the surrounding property owners concerning this Change of Zone request. The letters outline concerns of incompatibility between the 1-2 (industrial) zone and the adjacent residential low-density subdivision . The Town of Windsor and the City of Greeley submitted referral agency comments both dated June 12 . 2015 , which state that this development is inconsistent with the existing 2008 Windsor/Greeley Intergovernmental Agreement ( IGA) and that the proposal is incompatible with the vision that the Town of Windsor and the City of Greeley have developed for this area The Town of Johnstown submitted referral agency comments dated July 6 , 2015 in the form of Resolution 2015-08 opposing this Change of Zone based on the incompatibility with the with the Town of Johnstown Comprehensive Plan as this property is designate for commercial uses in the Town of Johnstown Comprehensive Plan . The Resolution also states that the industrial uses would negatively impact the Indianhead residential subdivision C Section 23-2-30.A. 3 - 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 and the application materials the water to the site will be provided by the City of Greeley. Sewage disposal will be handled by an on-site wastewater treatment system (septic system ) Septic systems will be evaluated at time of Site Plan Review and prior to the issuance of a building permit 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 The current access points are not changing with this Change of Zone application The subject property has accesses from CR 13 to the residence. ag, and oil and gas. The application materials are not proposing any development on the site and there is one residence on the parcels with the remainder of the land being used for agricultural purposes_ When development is proposed for the site the roads, access points, and/or intersection may require improvements. 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 Weld County Sand and Gravel Resources Map does not identify this area to have any aggregate resources According to the Mineral Resource Statement there may be some gravel layers present on this upland surface but the overburden limits their value as a resource The most likely areas for extract will be confined to the narrow strip north of the river where the overburden is thinnest The Big Thompson River is approximately 1 . 25 miles south of and 110 feet lower than this property. 3) Section 23-2-30.A. 5 c. — The soils do not have any limitations for construction. The site consists of 77% Wiley-Colby complex with slopes of 1 %-3% , and 18% Nunn clay loam with slopes of 0%- 1 % . 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 RESOLUTION COZ15-0001 WELD 34 LLC C/O ENVIROTECH SERVICES PAGE 4 The Change of Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District is conditional upon the following: 1 Prior to recording the plat A. Submit documentation from Little Thompson Water District indicating that water service is available. P ( Department of Public Health and Environment) B All septic systems located on the property shall have appropriate documentation from the Weld County Department of Public Health & Environment The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the existing residence_ Any existing septic system which is not currently documented/permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation/permit. In the event the system is found to be inadequate. the system must be brought into compliance with current OWTS regulations. (Department of Public Health and Environment) 2 . The plat shall be amended to delineate the following: A All pages of the plat shall be labeled COZ15-0001 (Department of Planning Services) B. The plat shall adhere to Section 23-2-50 C and D. of the Weld County Code ( Department of Planning Services) C. County Road 13 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 verify and delineate on the map the future and existing right-of-way If the existing right of way cannot be verified it shall be dedicated All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services - Engineer) D . The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated . private. or deeded and label with recorded document. book and page and/or reception number to provide adequate access to the parcel. (Department of Planning Services - Engineer) E. Show and label the approved accesses with the access permit number (#AP15-00268) on the plat. (Department of Public Works) 3. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for 1-2 ( Industrial) uses which shall comply with the 1-2 ( Industrial) Zone District requirements as set forth in Chapter 23 - Article III - Division 4 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) C . Any future structures or uses on site must obtain the appropriate zoning and building permits. ( Department of Planning Services) D. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Site Plan Review or a Use by Special Review Permit screening and/or buffering appropriate to the proposed use may be installed between the residential properties to the east and west. The screening and buffering may vary in size and density depending on the use or uses proposed (Department of Planning Services) E. A detailed Traffic Impact Study may be required with each Site Plan Review application_ Offsite roadway and/or intersection improvements may be required . (Department of Planning Services) RESOLUTION COZ15-0001 WELD 34 LLC . O/O ENVIROTECH SERVICES PAGE 5 F The owner, and its heirs. successors. or assigns. agrees to notify adjacent property owners within 500 feet of the boundary of the parent parcels at the time of initial submittal of any land use application (Site Plan Review. Use by Special Review. etc ) (Department of Planning Services) G Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15. Articles I and IL of the Weld County Code. (Department of Planning Services — Engineer) H . The historical flow patterns and runoff amounts will be maintained on the site (Department of Planning Services — Engineer) I Water service shall be obtained from the City of Greeley or Little Thompson Water District. ( Department of Public Health and Environment) J The parcels are not served by a municipal sanitary sewer system . Sewage disposal shall 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) K Language for the preservation and/or protection of the absorption field shall be placed on the plat. The note shall state: 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) L. 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 the Weld County Health Department. a fugitive dust control plan must be submitted_ (Department of Public Health and Environment) M . If land development creates more than a 25-acre contiguous disturbance. or exceeds 6 months in duration , the responsible party shall prepare a fugitive dust control plan , submit an air pollution emissions notice. and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) N A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe. state.co. us/wq/PermitsUnit for more information . (Department of Public Health and Environment) O 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) P Each new building will require an engineered foundation based on a site-specific geotechnical report or an open-hole inspection performed by a Colorado registered engineer Engineered foundations shall be designed by a Colorado registered engineer (Department of Building Inspection) Q Buildings, structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code: 2012 International Mechanical Code, 2012 International Plumbing Code: 2012 International Energy Code. 2006 International Fuel Gas Code: the 2012 International Plumbing Code: 2014 National Electrical Code: 2003 ANSI 117 1 Accessibility Code and Chapter 29 of the Weld County Code (Department of Building Inspection) RESOLUTION COZ15-0001 WELD 34 LLC O/O ENVIROTECH SERVICES PAGE 6 R Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Countywide Road Fee Impact Program . (Department of Planning Services) S Building Permits issued on the proposed lots. will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee program (Department of Planning Services) T 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) U . 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 in r M e al 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. V WELD COUNTY'S RIGHT TO FARM : Weld County is oneof the most productive p oductive 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 private or public 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 County. to h the Cou ty. 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. RESOLUTION COZ15-0001 WELD 34 LLC 0/O ENVIROTECH SERVICES PAGE 7 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. 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, sandburs. 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 (Department of Planning Services) 4 . 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 5 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 of (Group 4) (Group 6 is not acceptable). 6. 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 Bruce Sparrow. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross Gene Stille RESOLUTION COZ15-0001 WELD 34 LLC CIO ENVIROTECH SERVICES PAGE 8 The Chair 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 October 20, 2015. Dated the 20'x' of October, 2015. Digitally signed by Kristine Ranslem 4 it, f-2 Date: 2015. 11 . 13 15:53:11 -07'00' Kristine Ranslem Secretary e-P C nritutu forcz - ic SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 20 , 2015 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 , Jordan Jemiola , at 9 : 03 am . Roll Call . Present : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Gene 1p , Ge Stille , Jordan Jemiola , Joyce Smock , Michael Wailes , Terry Cross . Absent : Nick Berryman . Also Present : Diana Aungst , Department of Planning Services ; Wayne Howard , Department of Planning Services — Engineering Division ; Lauren Light , Department of Health ; Bruce Barker, County Attorney, and Kris Ranslem , Secretary. Motion : Approve the October 6 , 2015 Weld County Planning Commission minutes , Moved by Terry Cross , Seconded by Joyce Smock . Motion passed unanimously . CASE NUMBER : COZ15-0001 APPLICANT : WELD 34 LLC , C/O ENVIROTECH SERVICES I_ PLANNER : DIANA AUNGST t REQUEST : CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO _ CZTHE 1 -2 ( INDUSTRIAL ) ZONE DISTRICT LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4 LU OF SECTION 18 , 5N , R67W OF THE 6TH P . M . , WELD COUNTY , COLORADO . LOCATION : SOUTH OF AND ADJACENT TO US HWY 34 AND EAST OF AND ADJACENT TO CR 13 . •S3WWI Diana Aungst , Planning Services , presented Case COZ15-0001 , reading the recommendation and comments into the record . Ms . Aungst noted that 69 letters were received . The letters of opposition outlined concerns of incompatibility between the potential 1 -2 Industrial Zone uses and the adjacent residential , low-density uses . The Department of Planning Services recommends approval of this application with the attached conditions of approval . Wayne Howard , Engineering , reported on the existing and proposed access points and future right-of- way . He stated that since it is a Change of Zone there is no drainage or traffic information at this time for review but upon proposed development these items will be addressed at that time . Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements on site . Once a business is established , then staff will review the Site Plan Review and look at more specific requirements . Melanie Foslien , KBN Engineers , 820 8th Street , Greeley, stated that she represents the applicant . She said that the proposed Change of Zone from agricultural to industrial has been made in order to attract potential users . She stated that there is no user currently or site plan for this property; however several options for the site have been explored . The potential uses for this property include warehousing , material distribution center, a transload facility or a compilation of any or all of these uses . Ms . Foslien stated that this property is ideally located because the Great Western Railway bisects the northwest corner of the property and is in close proximity to the Union Pacific Railroad . She added that it is adjacent to Highway 34 and is in close proximity to the 1 -25 corridor. Ms . Foslien stated that it is estimated that each train will eliminate up to 400 trucks . Road traffic will enter the site from the south and will not disrupt the Highway 34 traffic . Once a site plan has been determined , the owner will comply with all federal , state , county and local regulatory authorities . Commissioner Smock asked if there was any idea of what use will be there . Ms . Foslien said that the landowner can address that . 1 Tim Pike, 7526 West 19th Street, Greeley, said that the rail is needed as they have businesses that take advantage of rail services. He added that they were approached several times from companies that are looking for excess capacity. He said that through their experience and connections there is a high demand of rail service. Mr. Pike quoted Weld County Commissioner Conway's statement as a Guest Columnist in the Greeley Tribune September 5, 2015 regarding what a strong rail network means for more economic development, more jobs, less congestion and pollution and a stronger American economy. Mr. Pike referred to Commissioner Smock's question in regard to knowing what use would be on the property and stated that they have had discussions with several entities about bringing their business to this site; however they have decided not to move forward until there is some assurance that the Change of Zone is complete. He said that the lack of shovel ready property is really difficult to find. Mr. Pike briefly described the significance of the two (2) railroad accesses on site. He said that there are options of constructing rail on the site by either putting in a loop rail or a ladder track system. Mr. Pike stated that they met with the neighborhood at two (2) separate meetings. He stated that the majority of comments were that there was not an identified use and the residents were uneasy and unsure of that. He added that neighbors suggested that a transition between industrial and residential be provided. Additionally they requested a 1000 ft setback be made into a conservation easement; however Mr. Pike said that would take a large portion of the property and it is not practical for development of rail or warehousing. Additionally, the neighborhood requested a building height restriction of 25 feet tall. Mr. Pike referred to the Economic Goals and Policies Goal No. 5 of the Weld County Code and added that shovel ready rail service sites are at a premium and it speaks to the economic goals and policies of the Weld County Code. Commissioner Johnson asked why he chose the 1-2 zoning rather than I-1 and 1-3 zoning. Mr. Pike said that 1-3 is a heavier industrial use and they are looking for more of the transloading, manufacturing and warehousing type businesses. Commissioner Cross said that everything brought in by rail eventually has to be trucked out by some means and asked the applicant if they had any sense of how much additional truck traffic may be generated. Mr. Pike said that they don't but said that if you bring in raw materials one (1) rail car equals about four(4)truck loads. Commissioner Wailes clarified if the traffic will go west of the site. Mr. Pike said not necessarily and added that the traffic would go to State Highway 34. Commissioner Smock asked about the possibility of County Road 13 becoming a four-lane roadway. Mr. Howard said that County Road 13 is classified as an arterial roadway and could become a four-lane roadway as the need arises for it. He added that this will be based on traffic generation and the need for a four-lane roadway. He added that currently it is not scheduled to be a four-lane roadway by Weld County. The Chair opened the hearing for any municipalities to speak. John Franklin, Town of Johnstown, stated that he is here to call attention to the Town of Johnstown Resolution 2015-08 approved by the Town and Council of Johnstown opposing the request of this Change of Zone from Agricultural to Industrial. He stated that State Highway 34 is a very busy roadway and will increase with traffic impacts. Mr. Franklin stated that during their Comprehensive Plan Development they recognized the single family development known as Indianhead Estates. He added that they recognize that development will happen and recommended a commercial use in their Comprehensive Plan. He said that recognizing the significance of buffering and screening is important between residential and commercial and industrial uses. 2 The Chair asked if there was anyone in the audience who wished to speak for or against this application. Michael Chrisman, 6713 Apache Road, stated that he is opposed to this change of zone. He stated that arbitrary spot rezoning is in direct opposition to existing deliberate and thoughtful planning of surrounding jurisdictions. He added that the industrial uses allowed by right are far too intense for this particular location. He urged the denial of this rezoning application. Jim Piraino, 27660 Hopi Trail, stated that he attended the October 8`h neighborhood meeting and said that with all the suggestions they brought up, for example noise limits, restricting building heights, limiting hours of operation, they received no as the answer. Mr. Piraino said that they requested a 500 foot conservation easement; however the applicants didn't agree to the conservation easement but would consider a buffer zone. He also expressed concern that the applicants indicated that they were told that this was approved by Planning Staff and that this meeting was a courtesy of the applicant to meet with the neighbors. Commissioner Wailes asked Mr. Piraino if he would be willing to accept development on this property if the applicant would agree to the 500 foot conservation easement. Mr. Piraino said that they understand this property would be developed at some time. He stated that Indianhead Estates has been there for 40 years and he is concerned that in the future as these projects become more prevalent they are risking their life with the increased traffic. Commissioner Sparrow wanted to clarify that this case is not approved. Royal Kupec, 27761 Hopi Trail, stated that he is opposed to this rezoning and agrees with the Towns of Windsor and Johnstown and the City of Greeley and believes it will be rezoned at some time. He added that residential and commercial is acceptable; however heavy industrial is not acceptable. Sharon Collins, 27811 Hopi Trail, stated that the staff's recommendation of approval for this rezoning is confusing when the incompatibilities were the same than the last case that was recommended for denial. She asked how compliance with the code can be ensured. She is concerned that the continuous industrial and train noise would cause sleep deprivation and added that the Weld County Code states it should protect health, safety and welfare of the residents. Ms. Collins stated that the 500 foot buffer minimum would make it more acceptable if it was designated as a conservation area. Commissioner Wailes asked if the 500 foot buffer would allow more acceptance to this application. Ms. Collins replied that it is better than nothing. Dana Burns, 9565 Tamarack Road, Eagle, Wisconsin, stated that her family owns the farmland to the southwest of the proposed site and added that she is disturbed that somehow agricultural has become meaningless. She expressed concern that heavy industry will destroy the lands for her children's lifetime. Ms. Burns stated that access to railroad does not necessitate heavy industry. Gary Oplinger, 27687 Hopi Trail, stated that the property to the south was recently approved under a USR to be used for industrial purposes and is currently under appeal and added that until it is approved we cannot consider it as being used legitimately for industrial purposes. He feels that this is a case of spot zoning and believes that this is illegal. He requested denial of this application. Scott Tarbell, 27575 Hopi Trail, stated that he stands with all of his fellow neighbors. He said that it is the responsibility of the Planning Commission to look out for the betterment and the well-being of all of Weld County residents. He added that Highway 34 cannot hold the increase of traffic. He said that there are other places for the applicant to go. Dennis Motz, 1209 North County Line Road, Loveland, Colorado stated that he lives in Larimer County. He expressed concern regarding the train and truck traffic and asked how everything is going to converge at County Road 13 and Highway 34. He asked how something can be approved when we don't know what it is. The Chair called a recess at 10:30 am and reconvened the hearing at 10:42 am. 3 Roxanne Chrisman, 6713 Apache Road, asked the Planning Commission to oppose this request. She asked the Planning Commission if they are here to carry the party line or if they have great judgment and can execute what needs to be done in a thoughtful, provoking way. She said that this community is under attack and added that they will find themselves here three or four times as there are more projects to come. She asked if this is the only location for this proposal. Commissioner Sparrow asked what she meant by carrying party line. Ms. Chrisman replied that if someone said you will vote a particular way and you have a choice to either do it because as an appointee that is what you are asked to do or you take the other course which means that you are going to do what is right. Mr. Sparrow said that no one on this Planning Commission has been asked to judge any particular way and added that they are here to judge what they think is best for Weld County. He further added that no one is influencing them in any way. Ms. Chrisman said that since this recommendation is for approval, she assumed that something went on to make that approval. The Chair clarified that planning staff reviews all of the information and makes a recommendation. The Planning Commission then reviews all of the information, including the staff recommendation and public testimony, and they make sure that it is in compliance with Weld County Code. He added that sometimes we don't agree with staff and sometimes the County Commissioners don't agree with the Planning Commission. Ms. Chrisman said that her comments were not to be offensive; however she knows how government works as she has worked in government in Washington D.C. and she was hand stringed many times because those above her precluded it or took it away from her. Commissioner Wailes pointed out that Planning Staff has made a recommendation; however the Planning Commission has not made a recommendation at this point and added that staff is a separate entity. Don Casey, 27727 Hopi Trail, stated that this is a tough job to do. There are too many unknowns in this case. He is concerned with the railroad and the noise and requested denial of this application. David Kisker, 6681 Apache Road, represents the Neighborhood's Association, CLR 34. He said that there have been some great comments and he would be remiss to overlook the concerns of the Town of Johnstown. He said that the concern regarding that the decision has been made came about from the October 8th meeting when Mr. Pike said that they have been led to believe that the probability of approval would be high. Mr. Kisker said that the application is not compliant with the Weld County Code requirements for rezoning. A spot rezoning of this parcel would favor a single landowner overall all of the surrounding landowners. He added that the rezoning application would violate the intent of the industrial zone district. Mr. Kisker referred to light industrial and added that not all 1-2 activities can be considered light industrial. Mr. Kisker provided examples of the Sections within the Weld County Code that he believes contradict each other. He stated that the staff report acknowledges the 68 letters of opposition which stated incompatibility issues, but the report still states that it is compatible to the surrounding land uses. He added that the staff report did not address the compatibility issue. Mr. Kisker provided a list of minimum necessary mitigations including haul routes, 500 foot buffer converted to a conservation easement, visual screening, limited operating hours of operation, no train noise between 10 pm and 6 am, odor limit, and building height restrictions. He asked that these be incorporated into the recommendation to the Board of County Commissioners. Mr. Kisker requested denial of this application. Commissioner Sparrow referred to the 500 foot setback and asked what he envisions there. Mr. Kisker said that they would like to see a 500 foot setback converted to a conservation easement as it will be permanent. He added that this will also help with noise reduction as it lessens the further it has to travel. Commissioner Sparrow asked how many acres that the applicant would be sacrificing. Mr. Kisker replied that is 28 acres and doesn't feel it is too much to ask. 4 Commissioner Johnson said that he is on the Oil and Gas Commission and struggles with the setbacks and what is an acceptable distance. He added that with conservation easements there are problems with how the property can be used. He suggested a park instead. Mr. Kisker agreed that a park is a good idea. Commissioner Jemiola asked if the decibel level is managed and visual impacts are limited would there be a need for limited hours of operation. Mr. Kisker said that the problem is with the trains and the potential of multiple spurs. He said it might be possible for the commercial noise levels to extend into the weekends, for example part days on Saturday. The Chair called a recess for lunch at 11:51 am and reconvened the hearing at 1:00 pm. Tim Pike 7526 West 9th Street, clarified that there is not a final use for this site. It is ideally situated for rail and every business does not have to have access to rail. A lot of business that have been considered, such as manufacturing and warehouse have limited rail. He added that they would receive material by train and run it out by truck. Mr. Pike said that he feels the 500 foot buffer is excessive and the 28 acres is substantial. To accommodate some of the movements for rail you need radiuses and this would limit that ability to accommodate the rail. Mr. Pike stated that he understands their concerns with the noise, odor, height of buildings and visual impacts; however the Weld County Code has a list of requirements and asked why they should be held to other restrictions. Additionally, he feels that this would be setting a precedent for other companies coming in. As the users develop the site, then they will address the visual impacts, n i o se, odor, and traffic issues. Mr. Pike noted that by adding the buffer it limits frontage from Highway 34. After researching the conservation easement no tax credits are issued and many farmers have issues with them. He doesn't believe a conservation easement is the way to go. Mr. Pike referred to the comments that he said it will get approved at the neighborhood meeting and clarified that he told them that he thinks it will get approved because they have demonstrated that they meet the requirements of the Weld County Code. He added that he also told them that they were recommended approval by staff. He clarified that he never said that the Planning Commission was on the take or in the pockets. Commissioner Johnson said that he is not in favor of a conservation easement and suggested park facilities and asked if the applicant would be in favor of that. Mr. Pike said that they are not in favor of the 500 foot buffer. He said that the park area sounds good but it would be a waste in that you have to maintain it. He said that the 500 foot buffer seems excessive for the six (6) houses along the property boundary. Commissioner Hansford asked if he intends to retain ownership of this property. Mr. Pike said that they intend to own this property and lease it to individual companies. Commissioner Sparrow noted that according to the map when the housing project was done they developed right to the very edge of the property without considering the possibility of buffering needed for future development on either side and feels that by asking an adjacent landowner to buffer is a problem. Commissioner Smock said that if you don't know what is coming in then you tend to anticipate the worst and believes that this is where a lot of the people are coming from. She added that from their standpoint they have a lot to lose and probably not a whole lot to gain. Mr. Pike said that he sympathizes with them and expressed to them that he knows what they are going up against; however there is no good answer to them. He added that this project could bring a lot of benefit to Weld County and this area with the population coming. Commissioner Jemiola said that he does not believe in the right to a view. However, he believes in private property rights and doesn't believe that one private property owner should encumber another 5 private property owner. He added that his concern is in making certain that the Weld County Code will be followed. Mr. Pike agreed and said that they would not do things that they would not be proud of. He said that they want to be a good neighbor and wants to include the neighbors but they just don't have any specific user at this point. He said that there is such pressure for shovel ready property and this site provides that need. He added that the future users will be required to adhere to the requirements of the Weld County Code. Commissioner Smock said that they don't hear a lot of change of zones. She referred to the application and said that a traffic study will be conducted when a use is determined and the owner may establish development standards and asked if that is typical of a change of zone or do they normally know what is going on at this point. Ms. Aungst said that a Change of Zone always has the possibility of not knowing what is going to be done on the property. She added that we have done a few where we don't know the users; however we have done a few where the use already existed on the site and they were just changing it to comply with the County Code. Ms. Aungst said that this particular Change of Zone does not have a user and in order to anticipate any potential incompatibility with the adjacent land uses, staff added a Condition of Approval 3.D which states that the Director of Planning Services or the Board of County Commissioners will review any site plans as needed to determine if the buffering and the screening is appropriate between the proposed industrial use and the existing low-density, single-family dwelling units. Additionally, she pointed out Condition of Approval 3.E which requires a detailed traffic study with each Site Plan Review application. Ms. Aungst also pointed out that in this case, they have placed a Condition of Approval 3.F which requires that any land use application that is submitted to Weld County notify the surrounding property owners within 500 feet of the property. 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. Commissioner Wailes said it was stated that one (1) train takes approximately 400 trucks off the road and when we look at the possible uses of the property he doesn't know whose roads those trucks are coming off of and he is concerned with that. He lives on County Road 15 and knows how hard it is to get onto Highway 34. He thinks it is naïve for the applicant to state that the activity on this parcel would not have any effect on access to County Road 15. Commissioner Wailes said if we look at the uses by right in the 1-2 Zone District, it could be stockpiles and granted there is a Site Plan Review process that takes place but the people who are going to be affected the most by it, this will take them out of the equation. Commissioner Johnson said that since he has lived here all his life, he has seen the rural areas change. He said that the agricultural community doesn't care for the residences moving in because they want it their way and the farming people want it the way it's always been. It has always been an issue and commended Weld County for putting the Right to Farm covenant in that people have to adhere to that. Mr. Johnson said that he lives on the edge of Hawkstone Subdivision which is in Eaton and Hawkstone and the Eaton Country Club were opposed to a dairy coming in one and one-half mile away; however he spoke in favor of the dairy because where else is it suppose to go other than in an agricultural zone. He said that what people don't want isn't necessarily their right to not want. He added that we in subdivisions take advantage of everything that is peripheral to our houses and believe that is a right and is controlled to protect subdivisions and then they are impacted by these users. Motion: Forward Case COZ15-0001 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Bruce Sparrow. Vote: Motion failed (summary: Yes = 4, No = 4, Abstain = 0). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Terry Cross. No: Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes. Commissioner Cross stated that he relies heavily on staff's recommendation when he comes to his opinions about these things. He added that the public had also stated that they know that development is coming but they just don't know how or when. 6 Commissioner Hansford said that he is reluctant to vote in favor of this; however he echoed Mr. Johnson's comments that he has faith in staff that they will make sure that this is handled correctly. Commissioner Smock referred to Section 23-2-220.1 through 4 and is still not convinced that it is a compatible use for this area. She agrees that things are going to change there and we don't always have control over that and there is no doubt that if the people knew what was going to happen out there they would be much more cognizant and apt to consider this to be a good project. Commissioner Wailes said that too often we take agricultural land for granted in that it will always be there. He said that opposition group does understand that development in the region will happen. He added that this group has also come forward with a list of mitigation suggestions and encouraged the applicant to sit down with this group and work with them on those. Mr. Wailes cited Section 23-2-30-A.2 which states that the uses would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses and said that by looking at the current uses, this application is not compatible with the current uses as it is agricultural and residential-agricultural. Additionally, he cited Section 22-1-120.A which states that private property rights are not unlimited rights but rather rights balanced with the responsibility of protecting community health, safety and welfare. He added that in his opinion the definition of welfare is pretty broad and said that it includes peace of mind. Commissioner Stille said that having been a real estate broker he understands the need for growth and development. He added that by having been an appraiser he also understands the values and highest and best use. He believes that there are some conflicts in regard to the principles as outlined in our Code and is concerned with spot zoning that it is not compatible when looking at the map. He hates to see some good agricultural land come out of production and said that he would have probably voted in favor of this had it been Commercial or I-1 zoning. Mr. Stille cited Sections 22-6-20.C.1, Section 22-2-70.D and Section 22-2-80. Commissioner Johnson said that it is an interpretation of the Code but with the surrounding uses he believes it is compatible. He said that the conditions of approval are mitigation measures and has confidence that staff will use these mitigations to see that the environment is maintained in that neighborhood. Commissioner Sparrow said that he hates to see prime farmland taken out of production but he believes the value of this use is probably three or four times what the farmland value is so how can we deny the landowner to benefit from this property. He hopes that some buffer(at least 100 foot) can be worked out. Commissioner Jemiola cited Section 23-2-220.A.3 and does not believe 1-2 zoning next to the residential area is compatible. He added that the number of things that could be developed here and the fact that 1-2 zoning is intense for this area is not compatible. He understands that there are people who want to develop near rail and access to arterial roadways because typically there is commercial or industrial development next to these arterials and urban development nodes but in this particular case there was a residential development built 40 years ago. The Chair stated that the motion for approval has failed since there is a tie vote. The Chair asked if anyone on the Planning Commission would change their vote. The members of the Planning Commission indicated no. The Chair asked the public if there were other items of business that they would like to discuss. Roxanne Chrisman, 6713 Apache Road, said that some of the Board members had decided their decision based on theperson who did the presentation;o however Mr. Pike doesn't own the company. P Jim Piranio, 27660 Hopi Trail, asked what a 4-4 tie vote does for their plea. The Chair said there was a motion for approval; however when there is a tie, the motion fails. Therefore they are forwarding a non- recommendation to the Board of County Commissioners. Bruce Barker, County Attorney, stated that the Board of County Commissioners read the statements made by the Planning Commission and take those comments into their decision; therefore there is a recommendation in a sense that they are hearing those comments. 7 Barbara Moe stated that she lives on County Road 13 and thanked the Planning Commission for listening to the people. The Chair asked the Planning Commission members if there was any new business to discuss. Commissioner Wailes said that he had a hard time seeing the presentations because the podium is directly in front of the screen and he can only see half of the other screen because it is blocked by the column. He asked if there could be some screen or monitor that could sit underneath the staff table that is easy for all of them to see. Commissioner Hansford noted that there has been some discussion from the Board of County Commissioners to hang some screens. Commissioner Smock agreed that the podium is in a bad spot. Meeting adjourned at 2:08 pm. Respectfully submitted, Digitally signed by Kristine Ranslem Date: 2015.10.22 16:26:41 -06'00' Kristine Ranslem Secretary 8 ATTENDANCE RECORD -- i6 ab ; 5--- PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip At1avu estA t o fV firs .' orris 9 Zr PSS Sh 6w .tr. P)n& I >11}3: 1<tRa ., a e/ Apetel U 2) Johiseom- ) 6o 8• 0 _3y he-f-t 27"a6 .1 1 ThM L 1 O1 Ole4 $43ILCThK LL -� W� .- - , efC69j4- ,Akhet%Kv.-s- \JAcb\14 c$ -) .-1 G bC) k (ACV r-C(VP\ I kn SAN)51.0v0 N.) S063 k'\' Wkc pcic )- tarsi--) (I? 13 Mco P4Divirrovvv-iT , ( t, S(oc 4 £O741 o- KC /40 ke G 2 7 767 / 7) , ( j'ohts 4ce 4 CO . toss- 3 V i-ilq /7/011.) (-oco N s , a7 & / 1 HP( 7-Ra (C ;UuclV Oe) r0c3 l- DAkift; [ ficca Kis lr r T ipmice try- s frvilt-, (Ai. I cc i q Go‘'->f 3421„, rn.✓ , roa g 7 l"i4/* 1-t- l GL4- r5- e' a 9clisill dare& z75757Jkebite/ .1 fo . Tais.A.; 5 Al o /Aa at N7 -7t,`e Rd a W51- So set3y 0 >c(eAtvit (yr/se 6 74a Atit de k,4( 6v,zi,„/_Ke cf '.5-157 J3v, CA-Sty o277d27 14apJ 1 gf-r / L -rdt-�..s-'1d(Av✓\ 74 Se.- f C CvuthA SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 1, 2015 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, Jordan Jemiola, at 12:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent/Excused: Bruce Johnson Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Wayne Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the August 4, 2015 Weld County Planning Commission minutes, Moved by Benjamin Hansford, Seconded by Michael Wailes. Motion passed unanimously. CASE NUMBER: COZ15-0001 APPLICANT: WELD 34 LLC, C/O ENVIROTECH SERVICES PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (INDUSTRIAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4 OF SECTION 18, 5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO US HWY 34 AND EAST OF AND ADJACENT TOCR13. Diana Aungst, Planning Services, stated that the applicants are requesting a continuance of this case. Melanie Foslien, KB Engineers, stated that they are requesting a continuance on behalf of the applicant. She added that the applicants are still looking at users for this site. They are requesting a continuance to the October 20, 2015 Planning Commission hearing. Commissioner Berryman asked if there is a reasonable expectation that there will be a user by October 201h or do we need to look further out. Ms. Foslien replied that she is unsure and added that she understands that the applicant is looking at different possibilities for the site. Commissioner Sparrow said that we are discussing a change of zone at this time. He asked if this is contingent of the applicant marketing the product before the zoning change. Ms. Foslien replied yes. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. Dave Kisker, 6681 Apache Road, stated that he represents CLR 34 Neighborhood Association and provided a hard copy of this comments for the record. He explained their concerns with this proposal and the compatibility with the potential users for the site. Commissioner Smock asked staff if they are in support of the continuance. Ms. Aungst stated that they are in support of this request. Commissioner Sparrow clarified that with a Use by Special Review we need to know what the site will be used for but since this is a Change of Zone we don't have any need to know what the property will be used for. Ms. Aungst said that was correct and added that the Weld County Code does not require that the applicant state what the uses will be and in some cases the applicant does not have a user in mind. Commissioner Sparrow asked if there is no end user is it possible that the applicant will not change the zoning at all. Ms. Foslien said that the applicant will still want to proceed with the change of zone. 1 Motion: Continue Case COZ15-0001 to the October 20, 2015 Planning Commission hearing, Moved by Michael Wailes, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Bruce Johnson. Commissioner Sparrow commented that he hopes this change of zone moves forward even if there is no end user. Meeting adjourned at 2:31 pm. Respectfully submitted, Digitally signed by Kristine Ranslem & yp,L Date:2015.09.04 14:13:02-06'00' Kristine Ranslem Secretary 2 ATTENDANCE RECORD PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe t 123 Nowhere Street, City, State, Zip L\- ) \t\k CDSCO C' 1/1 clAti 6f-XSY 4-7ecke, jedP onfiSfACh &Ot 3<7I JA.CACI sk, L tW-211<s flirAJiy*9,‘t ) Z.0 . Ent?_ te. le:iegrity . 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