HomeMy WebLinkAbout20241365.tiffHEARING CERTIFICATION
DOCKET NO. 2024-30
RE: CHANGE OF ZONE, COZ24-0003, FROM THE R-1 (LOW DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
SHAWN AND BUFFI ELLIOTT
A public hearing was conducted on June 5, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem - EXCUSED
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
Shawn and Buffi Elliott, for Change of Zone, COZ24-0003, 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.
(Clerk's Note: Chair Ross reviewed, for the public, the procedures to follow should either case
result in a tie vote due to four Commissioners being present and one Commissioner excused.)
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and shared 15 referrals were sent out, three (3) were received back, with comments, and three (3)
without comments. He explained there are multiple buildings onsite, including a single family
residence and a 4,750 -square -foot personal horse riding arena. He stated the Change of Zone
application was submitted due to a zoning violation, #ZCV23-00178, and he relayed there is an
adjacent property to south that was rezoned to A (Agricultural) in 2002. Mr. Gathman stated the
applicant has provided several letters of support, including that of the Bella Romero Academy and
Girl Scout Troup 76000, along with two (2) letters of opposition which were received from one (1)
property owner, objecting to smells on the property and spot zoning in the area. He shared the
property falls into the City of Greeley's Long Range Expected Growth Area and has City of
Greeley water service and an on -site wastewater treatment system. Per the Development Review
team, he also stated the property is located within the Greeley/Weld Airport Overlay District, and
MS4 overlay district, with no MS4 requirements. Additionally, the parcel has a permitted,
residential access onto East 20th Street, which is a paved, local road requiring 60 feet of right-of-
way. Mr. Gathman entered the favorable recommendation of the Planning Commission into the
cc : pL (ER/NN/C6/KR/MW)
07/30/24
2024-1365
PL2919
HEARING CERTIFICATION - SHAWN AND BUFFI ELLIOTT (COZ24-0003)
PAGE 2
record, as written, and displayed images of the site and surrounding views. In response to
Commissioner James, Mr. Gathman confirmed the lot immediately to the south is zoned A
(Agricultural).
Lauren Light, Department of Public Health and Environment, confirmed the City of Greeley
does provide water to the site and there is a permitted septic system. She stated Environmental
Health has recommended several notes for the plat related to water and sewer, and they have no
other items for this request.
CI In response to Chair Ross, Shawn Elliott, applicant, indicated he had not had contact with
any of the Commissioners regarding this case.
la Mr. Elliott stated when the property was originally purchased, the residence was zoned
R-1 (Residential) and the balance of the property was zoned A (Agricultural). He explained the
start of the violation process, and shared he provides riding lessons to Girl Scouts.
William Roche, Greeley resident, offered his support to the applicant.
Edwin Grant, Greeley resident, commented regarding the impact of commercial development
on the nearby Linn Grove Cemetery.
The Board discussed the Conditions of Approval. Mr. Gathman suggested removal of
Condition of Approval (COA) #1.A (Acknowledgement of the City of Greeley's comments). In
response to Chair Ross, Mr. Gathman confirmed they are strictly comments by the City of Greeley.
Commissioner James agreed to the removal since the applicant's property is not within the city
limits. The Board agreed to the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval.
El In response to Chair Ross, Shawn Elliott indicated they have reviewed, and agreed to abide
by, the Conditions of Approval, as amended.
Commissioner James moved to approve the request of Shawn and Buffi Elliott for Change of
Zone, COZ24-0003, 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, as amended. The motion was seconded by
Commissioner Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:03 a.m.
2024-1365
PL2919
HEARING CERTIFICATION - SHAWN AND BUFFI ELLIOTT (COZ24-0003)
PAGE 3
This Certification was approved on the 19th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: (a,, J
Weld County Clerk to the Board
ev 6'rn • cJa';
Deputy Clerk to the Bo
WELD COUNTY,
Kevi
Perry L; Buc
cott K. James
Lori Saine
2024-1365
PL2919
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