HomeMy WebLinkAbout20230127.tiffHEARING CERTIFICATION
DOCKET NO. 2023-07
RE: A ZONING PERMIT, ZPAG22-0009, FOR CERTAIN USES (CONTRACTOR'S SHOP) IN
THE A (AGRICULTURAL) ZONE DISTRICT — DPR GREELEY, LLC
A public hearing was conducted on January 11, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem — EXCUSED
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Chris Gathman
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2022, and duly published
December 30, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of DPR Greeley, LLC, for a Zoning Permit, ZPAG22-0009, for Certain Uses (contractor's
shop) in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this
a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
explained a total of 15 Referrals were sent out, ten (10) were returned, six (6) of which included
comments. He stated the application was submitted in response to a Zoning Violation
(ZCV21-0355) and a Building Code Violation (BCV21-00063), for the operation of a commercial
use outside the boundaries of an existing C-1 (Neighborhood Commercial) Zone District, and for
work being completed on existing buildings without the proper Building Permits. He explained the
applicant is requesting a Change of Zone from the R-1 (Low -Density Residential) and
C-1 (Neighborhood Commercial) Zone Districts to the A (Agricultural) Zone District, in conjunction
with this application. Mr. Gathman stated the applicant is a General Contractor, who proposes to
utilize the existing outbuilding on the property for storage of equipment and tools, associated with
landscape installation and maintenance, including mowers, snow removal and materials for
assembly and fabrication of gutters, with the existing mobile home on the property to be used for
an office. He relayed the property has an existing City of Greeley water tap, which can be used
for commercial purposes, and a commercial well approved under Permit #3-24292-F, which well
would be required to be included in a plan for augmentation prior to operation for the decreed and
permitted uses. Mr. Gathman explained there is a permitted access onto Cherry Avenue, and no
other access is requested, this portion of Cherry Avenue is paved and classified as a local road
which requires 60 feet of right-of-way. He shared the current traffic counts for this portion of the
road counts 563 vehicles per day, with six percent (6%) being trucks, and the 85th percentile
speed is 42 MPH. Additionally, he explained the traffic information submitted with the application
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2023-0127
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HEARING CERTIFICATION - DPR GREELEY, LLC (ZPAG22-0009)
PAGE 2
materials indicate there would be five (5) passenger vehicle round trips per day, and four (4)
pickup trucks, with trailers, per day, stating 90% of the traffic will travel south on Cherry Avenue
and the remainder will travel north. He shared the applicant has submitted an acceptable drainage
narrative, the site meets a Drainage Detention Exception, and the property is within a Municipal
Separate Storm Sewer System (MS4) area; however, no MS4 requirements are triggered. He
explained the applicant is proposing installation of screening along the existing chain link fence,
adding Evergreen trees along Cherry Avenue, and the garage building also provides screening,
with mature trees on the east boundary of the property, and an approved Landscape and
Screening Plan is required. He described the surrounding area uses and neighbors, and stated
traffic associated with the use is limited. He shared maintenance of vehicles and equipment will
be located within the existing building, and any parking or staging area will have to be screened,
per the Landscape and Screening Plan. Mr. Gathman stated one email of concern was received
from a surrounding property owner (SPO) regarding increase in traffic, trucks exceeding the
speed limit which creates a dangerous situation with children walking on Cherry Avenue with no
sidewalks, and the installation of opaque fencing, and a phone call from another SPO stated
concern the impact to neighbors. He described Conditions of Approval (COA) attached to the
permit, with the Notices sent out, and the Posting of Notice. In response to Commissioner Ross,
Mr. Gathman presented photos of the existing trees, stating they looked like conifers. He stated
the Planning Commissioners recommended approval and displayed images of the site and
surrounding views.
Lauren Light, Department of Public Health and Environment, stated the existing residence is
served by water from the City of Greeley, along with a permitted septic system for four (4) people,
and them is a Development Standard (DS) stipulating the existing well cannot be used unless
approved by the Colorado Division of Water Resources. She relayed the issues of on -site dust
abatement, the On -site Waste Disposal System, and residential noise limits are all addressed in
DS #17 - #25, along with other Environmental Health items, and there are no outstanding issues
with the proposal.
El Robert Molloy, PlanScapes, Landscape Architect, Loveland, reiterated the reasons for the
request, to bring the site into compliance with the number of vehicles on the property.
Chair Freeman reviewed the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Buck being excused.
Mr. Molloy went on to state there are four (4) employees, one of whom will reside in the
house, and part of the property on the south side will remain as A (Agricultural).
El Edwin Grant, Greeley resident, expressed concerns of encroachment of commercial uses
near the Linn Grove cemetery.
Mr. Gathman requested deletion of COA #1.A (Final Drainage Narrative and MS4
requirements) and DS #2 (Vested Property Right). In response to Commissioner Ross, who
questioned the maximum number of employees, Dillan Roche, applicant, agreed an increase of
employees to five (5) would be appreciated, and discussion concluded DS #5 (Hours of
Operation) should be deleted. The Board agreed to all of the aforementioned changes.
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HEARING CERTIFICATION - DPR GREELEY, LLC (ZPAG22-0009)
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No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
El In response to Chair Freeman, Mr. Roche indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner James moved to approve the request of DPR Greeley, LLC, for a Zoning
Permit, ZPAG22-0009, for Certain Uses (contractor's shop) in the A (Agricultural) Zone District,
based on the recommendation of Planning staff, with the Conditions of Approval and Development
Standards, as amended. The motion was seconded by Commissioner Saine, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:21 a.m.
This Certification was approved on the 25th day of January, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datio ..ek);�
Weld County Clerk to the Board
BY: NW .
Deputy Clerk to t e Board
Mike Freeman, Chair
EXCUSED
Perry, L. Buck, Pro-Tem
Scott K. Ja
Kevin D. Ross
Lori Saine
2023-0127
PL0312
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