HomeMy WebLinkAbout20222606.tiffHEARING CERTIFICATION
DOCKET NO. 2022-62
RE: A CHANGE OF ZONE, COZ22-0005, FROM THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
KEITH COWAN
A public hearing was conducted on September 21, 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, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
_= I hereby certify that pursuant to a notice dated August 8, 2022, and duly published August 10,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
Keith Cowan, for a Change of Zone, COZ22-0005, from the R-1 (Low -Density Residential) Zone
District to the C-3 (Business Commercial) Zone District. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
and described the sign posting and location of the site. Ms. Aungst stated 17 referrals were sent
out, nine (9) agencies responded without concerns or included Conditions of Approval, and five
(5) agencies did not respond. She explained the site is adjacent to the U.S. Highway 34 business
route and is located within a Weld County Opportunity Zone. She stated the site is vacant and the
applicant is proposing rezoning prior to submitting a Site Plan Review application to establish an
Outdoor RV Storage facility. Ms. Aungst stated, per the Weld County Comprehensive Plan,
Section 22-4-10.A.1 and Section 22-4-10.8.1, both fit the definition of the requested zone change.
She described the surrounding uses, relaying there are four (4) oil and gas facilities, three (3)
gravel pits, ten (10) various USRs, and 29 Site Plan Reviews that have been approved. She
relayed SPR14-0001, which is adjacent to the site, is approved for maintenance, repair, and
outdoor parking of vehicles. Ms. Aungst shared 28 surrounding property owners (SPOs) were
noticed, with no responses received. She relayed the site is located within the three (3) mile
referral area of the Cities of Evans and Greeley and the Towns of Kersey and Garden City, all of
whom stated no concerns on their respective referrals. Ms. Aungst also relayed the site is located
within the City of Evans' and the Town of Kersey's Coordinated Planning Agreement (CPA)
boundaries, both of whom indicated no interest in annexation of the subject property. Ms. Aungst
relayed any use proposed on the subject site will require a permitting process, all of which would
require mitigation methods for properties adjacent to the subject property that are not similarly
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10/11/22.
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HEARING CERTIFICATION - KEITH COWAN (COZ22-0005)
PAGE 2
zoned, and visual mitigation will be required for outdoor parking and staging. Ms. Aungst shared
the Development Review comments, relaying the proposed access on East 20th Street, which
requires an access permit and meets minimum access spacing criteria, is a paved local road,
requiring 60 feet of right-of-way. She stated the latest annual Average Daily Traffic counts 785
vehicles per day, with seven percent (7%) being trucks and the 85th percentile speed is 33 MPH.
She shared the proposed future average daily trips would be 448 vehicles trips per day. She noted
the site is within the Municipal Separate Storm System (MS4) Area and no MS4 requirements
have been triggered with the proposed Change of Zone (COZ). Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record as written and displayed images of
the site and surrounding views.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there are currently no utilities serving the site; however, the City of Greeley
will supply water, and provided a Will Serve letter. Additionally, an On -site Wastewater Treatment
System will provide sewer, and a septic permit will be submitted. She stated several notes have
been submitted for posting on the plat, and staff has no outstanding issues with the request.
Eric Wernsman, Wernsman Engineering and Land Development, LLC, represented the
applicant and stated Mr. Cowen does intend to add an outdoor storage facility on the site,
understands screening will be an important detail of the plan, and is prepared to build
three (3) -sided buildings on the west side of the facility to screen the school. He explained they
plan to access the City of Greeley water for fire protection purposes.
No public testimony was offered concerning this matter.
In response to Chair James, Mr. Wernsman indicated they have reviewed, and agreed to
abide by, the Conditions of Approval, as presented.
The Board reviewed the Conditions of Approval and accepted the Resolution as presented.
Commissioner Moreno moved to approve the request of Keith Cowan for Change of Zone,
COZ22-0005, from the R-1 (Low -Density Residential) Zone District to the C-3 (Business
Commercial) 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 Buck, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:14 a.m.
2022-2606
PL2834
HEARING CERTIFICATION - KEITH COWAN (COZ22-0005)
PAGE 3
This Certification was approved on the 5th day of October, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditotAi .X.Le[a:,1
Scott K James, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the
Perry L. Buc
Steve Moreno
EXCUSED DATE OF APPROVAL
Lori Saine
2022-2606
PL2834
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