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Home My WebLink About20223053.tiffHEARING CERTIFICATION DOCKET NO. 2022-80 RE: A CHANGE OF ZONE, COZ22-0007, FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT — DPR GREELEY, LLC A public hearing was conducted on November 9, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Chris Gathman Department of Public Works representative, Melissa King Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated October 3, 2022, and duly published October 5, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of DPR Greeley, LLC, for a Change of Zone, COZ22-0007, from the R-1 (Low -Density Residential) Zone District and C-1 (Neighborhood Commercial) Zone District to the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated a total of 15 referrals were sent out, 11 referrals were received back, and five (5) contained comments. Mr. Gathman described two (2) existing Zoning and Building Violations, ZCV21-00355 and BCV21-00063, for the operation of an existing commercial use outside the boundaries of the C-1 (Neighborhood Commercial) Zoned area and work being completed in existing buildings for commercial use without Building Permits. He explained the applicant is operating a property maintenance business which involves parking and staging of equipment. He shared the history of the zoning of the site, described the historical uses, and stated no records of survey of the historical boundary have been located. Mr. Gathman shared there is an office trailer onsite and a mobile home that has since been removed. He stated the applicant desires to rezone the entire property to A (Agricultural) and will be applying for a ZPAG (Zoning Permit for Ag) at a future date. He reviewed the COZ criteria, and indicated the property is completely screened from the adjacent Bella Romero School property by existing mature trees, and there are agricultural properties to the south, including an oil and gas processing facility. He shared the property has an existing water tap from the City of Greeley, which can be utilized for commercial purposes. Additionally, there is a commercial well that was approved by the Colorado Division of Water Resources, Permit #3-24292-F, which will be required to be included in an augmentation plan prior to operation for the decreed and permitted uses, and be in compliance with the South Cc . PL(TP/MN/c&) II/30/.22 2022-3053 PL0312 HEARING CERTIFICATION - DPR GREELEY, LLC (COZ22-0007) PAGE 2 Platte measurement rules prior to operation. Mr. Gathman stated there are two (2) existing septic systems on the property; one permitted under G19760269, for the residence, and G19800170, for up to four (4) employees. He stated, in regard to the Comprehensive Plan Map, a portion of the property is located within 0.25 miles of the City of Greeley; however, the area is a portion of the right-of-way for Cherry Avenue and has been annexed by the City of Greeley. He described the nearest existing properties are 0.25 mile from the City of Greeley annexation area and provided an overview of the surrounding uses. He shared, per the Development Review staff, existing residential access is onto Cherry Avenue, which is a paved, local road with 60 feet of right-of-way and is adequate in functional classification, structural capacity and width, for the traffic associated with the proposed zone district. Mr. Gathman shared the property is also located within the Greeley -Weld Airport Overlay District; however, no response has been received from them, and he reviewed the findings of the Soils Report. He shared one (1) email and one (1) letter were received from surrounding property owners (SPOs) with concerns noted, and one phone call was received with concerns regarding the impact of traffic, lights and noise on the surrounding area. Mr. Gathman entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated staff has no outstanding issues with the request. Robert Molloy, Landscape Architect, represented the applicant and relayed history of the applicant, their business, explained the purpose for the property, including storage of nine (9) vehicles, and stated up to three (3) employees will be onsite, one (1) of which will live on the site. He relayed the shop will be utilized for equipment and building repairs for the businesses they own. He explained the complaint was based on an increase in traffic, which was due to maintenance and clean-up of the property, and the zoning violations were also brought to light during clean-up of the property and remodeling of the existing residence, which will still require a ZPAG. Mr. Molloy relayed the intention of the applicant is to have livestock and agricultural uses on the southern portion of the property. Barbara Flores, SPO, expressed her disagreement of the agricultural zoning, since all the surrounding properties are zoned R-1. She stated the operation generates excessive traffic from the north onto the property, with disregard to the speed limit, including pick-up trucks, larger trucks and trucks with trailers. Ms. Flores requested restriction of Cherry Avenue as an access, and proposed all traffic enter from East 24th Street and not from East 20th Street south, down Cherry Avenue, which has no sidewalks, despite a lot of pedestrian traffic, especially school kids. Edwin Grant, Greeley resident, expressed concern in regard to the traffic and suggested potentially widening the roadways. . Steve Teets, Greeley resident, expressed a potential alternate solution to the parking of equipment and Vehicles by the applicant. El In response to Chair James, Mr. Gathman confirmed an A (Agricultural) zone, per the Code, does not restrict the property owner to being actively involved in agriculture. 2022-3053 PL0312 HEARING CERTIFICATION - DPR GREELEY, LLC (COZ22-0007) PAGE 3 = Mr. Molloy addressed the issues brought up regarding traffic, stating the increase in traffic is due to the contractor's coming and going. In response to Chair James, Mr. Gathman confirmed Cherry Avenue is a County -maintained road. In response to Commissioner Saine, Chair James explained, if granting an A (Agricultural) zone, sidewalks wouldn't be usual standards, which was reiterated by Commissioner Freeman. In response to Chair James, Mr. Molloy indicated they had reviewed the Conditions of Approval, as presented, and have no comments. EJ The Board discussed COA #1.C. (Colorado Division of Water Resources), and Commissioner Freeman suggested inserting "attempt" to address...". In response to Commissioner Freeman, Melissa King, Department of Planning Services — Development Review, confirmed there is no traffic requirement during the COZ phase. Ms. King relayed she was aware there were citizens in the area who reviewed the Traffic Study associated with the future ZPAG. She shared the current traffic count of 563 vehicles per day, traveling at 42 mph, with six percent (6%) trucks; therefore, the increase of traffic would be less than two percent (2%). In response to Commissioner Saine, Mr. Molloy stated he didn't know how the ditch along the easement would factor into any kind of easement. The Board agreed to all of the aforementioned changes. No public testimony was offered regarding changes made to the Conditions of Approval. =.r In response to Chair James, Mr. Molloy indicated they had reviewed, and agreed to abide by, the Conditions of Approval, as amended. El Commissioner Moreno moved to approve the request of DPR Greeley, LLC, for a Change of Zone, COZ22-0007, from the R-1 (Low -Density Residential) Zone District and C-1 (Neighborhood Commercial) Zond 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 11:06 a.m. 2022-3053 PL0312 HEARING CERTIFICATION - DPR GREELEY, LLC (COZ22-0007) PAGE 4 This Certification was approved on the 23rd day of November, 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: dailwo G •,A. Weld County Clerk to the Board BY: eputy Clerk to the Board cott K. James, Chair M. eman, Pro - k rry L. B Steve Moreno EXCUSED DATE OF APPROVAL Lori Saine 2022-3053 PL0312 ATTENDANCE LIST /1 -q-so22 NAME •P-L•EASE• PRINT • :'EG'I BLY •: ADDRESS (CITY,. 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