HomeMy WebLinkAbout20241238.tiffHEARING CERTIFICATION
DOCKET NO. 2024-20
RE: CHANGE OF ZONE, COZ24-0001, FROM THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT —
MOORE REAL PROPERTY, LLC
A public hearing was conducted on May 22, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2024, and duly published April 19,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Moore Real Property, LLC, for a Change of Zone, COZ24-0001, from the R-1 (Low -Density
Residential) Zone District to the A (Agricultural) Zone District. Karin McDougal, Deputy County
Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
provided the history of the property, stated there is an existing septic SP21-O0345, and described
the size and location of each lot, which are served by the City of Greeley. He described the
surrounding uses, relayed 34 surrounding property owners (SPOs) were sent notices, and one
letter of objection was received concerning spot zoning. Mr. Gathman shared adequate water and
sewer service can be provided by the City of Greeley water and on -site wastewater treatment
systems, and per the City of Greeley's referral, prior to any development, including single-family
residential, water line application CD2022-0011 must be resubmitted and approved. He cited
Section 23-2-30.A.4 and stated street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district. He shared, per the
Development Review staff, although the property is located within the Municipal Separate Storm
Sewer System (MS4) Boundary, no MS4 requirements apply to this request. Mr. Gathman
explained this application was submitted prior to the issues which arose regarding the East
Greeley area, and the applicant was given options by staff of whether to apply for a Change of
Zone or wait and move forward with neighboring property owners with similar requests; the
applicant chose to proceed with their single application. Mr. Gathman displayed images of the
site and surrounding views. He explained proposed Conditions of Approval COA #1.B. (collapsed
structure — ensuring a demolition permit is obtained, the structure is removed, and the site
inspected and deemed safe), and COA #1.C (vehicle parking is deemed an accessory use and
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2024-1238
PL2911
HEARING CERTIFICATION - MOORE REAL PROPERTY, LLC (COZ24-0001)
PAGE 2
should be tied to a specific use; therefore, removal of all existing vehicles or evidence that a
building permit has been applied for). In response to Commissioner Saine, Mr. Gathman
confirmed the cross streets being Cherry Street and 20th Street. Mr. Gathman entered the
favorable recommendation of the Planning Commission into the record, as written.
IE1 Lauren Light, Department of Public Health and Environment, relayed each lot will be served
by the City of Greeley for water, and a septic system when the home is constructed. She noted
the City of Greeley did indicate, due to the topography, connecting to a sewer for lots adjacent to
Cherry Street would not be feasible; however, septic systems are acceptable. She stated several
notes are recommended for the proposed plat, related to water and sewer, and the department
has no other concerns with the proposal.
Derick Moore, applicant, presented a history and use of the parcel(s), and stated both
properties were purchased as agricultural and taxed as agricultural land. He explained one month
after closing they received Notice both properties were under violation, a permit was applied for,
at which time he was informed the properties are zoned R-1 (Low -Density Residential), so the
permit application was denied. He relayed it was suggested they could re -subdivide the
properties, stated the two (2) original parcels are now three (3) parcels, due to the suggested re -
subdivision, and he explained additional hurdles he encountered. Commissioner Saine
apologized for the difficulties the applicant has experienced.
El No public testimony was offered concerning this matter.
In response to Chair Ross, Mr. Moore requested a change to COA #C.1 (removal of
commercial vehicles) and #1.D. (vehicle parking). Deputy County Attorney McDougal confirmed
allowing vehicles to be left on the property, as they currently exist, would be a violation of the
Weld County Code. Chair Ross questioned staff on the best solution to his request, Mr. Gathman
pointed out COA #C.2.b. and #D.2.b., provide options for removal of the vehicles or providing
evidence that a building permit has been applied for. Ms. McDougal stressed that each case is
unique and there are processes and conditions to navigate each situation, case -by -case.
E. In response to Chair Ross, Mr. Moore stated he agrees to abide by the Conditions of Approval
as they have been presented.
The Board reviewed the Conditions of Approval, and no changes or corrections were made.
se Commissioner James moved to approve the request of Moore Real Property, LLC, for
Change of Zone, COZ24-0001, 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, as presented. The motion was seconded by
Commissioner Buck. Both Commissioner James and Chair Ross commended the applicant for
his efforts to complete the application as submitted. There being no further discussion, the motion
carried unanimously, and the hearing was completed at 11:27 a.m.
2024-1238
PL2911
HEARING CERTIFICATION - MOORE REAL PROPERTY, LLC (COZ24-0001)
PAGE 3
This Certification was approved on the 5th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORA'
ATTEST: C�C C,� jp"
Weld County Clerk to the Board
BrLeltc4M.0ruw
Deputy Clerk to the Bo
Kevoss, Chair
Perry L. B ,, Pro -Tern
Mike F/eeman
o!t K. James
Lori Saine
2024-1238
PL2911
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