HomeMy WebLinkAbout20133162.tiffHEARING CERTIFICATION
DOCKET NO. 2013-73
RE: GRANT CHANGE OF ZONE, COZ13-0003, FROM R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT — INEZ GUTIERREZ
A public hearing was conducted on November 13, 2013, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern- EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
a I hereby certify that pursuant to a notice dated September 25, 2013, 2013, and duly
published September 30, 2013, in the Greeley Tribune, a public hearing was conducted to
consider the request of Inez Gutierrez, for a Change of Zone from the R-1 (Low -Density
Residential) Zone District to the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
Chair Garcia advised John Gutierrez, applicant's representative that, since Commissioner
Rademacher was not able to be present, he had the option of continuing this matter to a date
with the full Board present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record
and make the determining vote. Mr. Gutierrez indicated he would like to proceed.
El Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. She reported that staff requests the removal of Development Standard
Condition of Approval #1.E.13. She noted that if this item is approved the lot is only four (4)
acres in size, so a Development Standard will need to be added concerning the approval of the
lot size. She confirmed that there is an active zoning violation due to the current operations of
the business without a zoning permit and this is within the urban growth boundary for the City of
Greeley. Ms. Aungst reviewed what uses the rezoning would allow, citing that some may not be
compatible with the area. She explained the differences between the R-1 and Agricultural
zones, and noted that if the property is rezoned, a future owner may be entitled to a Use -by -
Right not compatible with the area. She also said the City of Greeley indicated the site may not
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have adequate water for a business. Ms. Aungst said the Planning Commission recommended
approval by a 5/2 vote, but the Planning Department is recommending denial, citing
incompatibility with surrounding land uses. In response to Chair Garcia, Ms. Aungst discussed
the rail corridor study and presented additional pictures of the site, which will be used primarily
for parking and storage of materials. She said although the property is in the 100 year
floodplain, it was not affected by the recent flood event.
ID Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said at this time Mr. Gutierrez's employees come to the site to pick up
equipment and then leave immediately, so the existing septic system should be adequate.
ID Ms. Aungst confirmed the R-1 zoning of this site was approved in 1964, and the City of
Greeley land near -by is zoned High Density Residential and Medium Intensity Industrial.
El Mr. Gutierrez explained his business is done almost 100 percent offsite. The only people
onsite are usually himself and his office assistant. He said he has been in business since 1989
and 95 percent of his business is constructing with concrete for agricultural ditch companies.
He noted there is a greenbelt to the east, and his is the smallest company in the area. In
response to Chair Garcia, he confirmed that there are residences south of the railroad tracks,
which are blocked by trees and fencing from view, and there is an existing solid fence and the
area to the east will be fenced as well.
El No public testimony was offered concerning this matter.
El Mr. Gutierrez confirmed that his property remained dry during the last flood, and Ms.
Aungst confirmed the Poudre River is far north of the property. Ms. Petrik showed a picture of
the 100 year floodplain. Commissioner Conway noted this was zoned before the '65 flood and
FEMA has plans to remap in the next five years, based on the 2003 Army Corps study.
E Commissioner Kirkmeyer requested that Condition of Approval #1.E.8 be revised to read
"They shall comply with all applicable FEMA regulations and requirements," and deleting
reference to the Weld County Code. Mr. Yatabe suggested adding language that addresses
applicable local regulation as well, and noted the FEMA regulations as administered by the
State affect flood insurance. Commissioner Kirkmeyer's suggestion was done by assent of the
Board.
a Commissioner Kirkmeyer suggested changing the word "shall" to "may" in Condition of
Approval #1.E.12, because water options other than the City of Greeley may be available to the
applicants in the future.
Ms. Aungst confirmed the aforementioned rail study refers to attracting business to the
area that requires the use of rail, but stated she is not sure how this applies to the residential
area, other than perhaps a gradual change from one use to the other.
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Fi Mr. Yatabe noted that generally an Agricultural lot less than 80 acres has to go through a
Recorded Exemption, but the Board has discretion to grant a waiver. Ms. Aungst suggested a
new Condition of Approval #1.E.3, that includes the date of this hearing and indicates the Board
of County Commissioners have approved a waiver of the minimum lot size as specified in Sec.
23-3-50.A.2; this was done by assent of the Board.
e Commissioner Kirkmeyer said Condition of Approval #1.A, dealing with mineral rights,
should be deleted, as that is a contractual agreement between the two property owners. She
also suggested that Condition of Approval #1.B, regarding potable water on the site, be deleted
as redundant and satisfied.
) In response to Chair Garcia, Mr. Gutierrez said he has reviewed and agrees to abide by,
the Conditions of Approval, as amended.
e Commissioner Kirkmeyer noted that the zoning is out of date, due to the industrial and
agricultural uses that surround it and the railroad bordering the land, in fact, agricultural zoning
is probably more compatible than residential.
Eli Commissioner Kirkmeyer moved to approve the request of Inez Gutierrez for a Change of
Zone, COZ13-0003, from the R-1 (Low -Density Residential) Zone District to the A (Agricultural)
Zone District, based on the recommendations of Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as amended and entered into the
record. The motion was seconded by Commissioner Conway. Commissioner Conway concurred
that over the last 50 years changes in use surrounding this site have changed and this change
makes perfect sense. Commissioner Freeman concurred. Chair Garcia noted that in the rail
study indented to contemplate the maximization of uses near the rail line and residential was not
seen as a compatible use. There being no further discussion, the motion carried unanimously,
and the hearing was completed at 11:45 a.m.
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This Certification was approved on the 18th day of November, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD , COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
the Board
Williarr`fi"F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro -Tern
rbara Kirkmeyer
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