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Home My WebLink About20223040.tiffEXHIBIT .0 a BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: oo.1 CASE NUMBER APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION COZ22-0007 DPR GREELEY, LLC CHRIS GATHMAN CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT AND THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT LOT 4, BEING PART OF THE NW4NW4 OF SECTION 15, T5N. R65W OF THE 6TH P.M , WELD COUNTY. COLORADO. ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO. EAST OF AND ADJACENT TO CHERRY AVENUE; APPROXIMATELY 630 FEET SOUTH OF EAST 20TH STREET. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23 - 2- 50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. Sec. 22-2-30. - Land Use Goals and Objectives. C. Harmonize development with surrounding land uses. 1. Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. Similar uses are located in the area. Horse stables are located on the property to the north and single-family residences on properties approximately 5 acres in size (with pasture/crop areas) are located to the east. The property is screened from the adjacent school property (Bella Romero Elementary) to the east by existing mature vegetation. Sec. 22-2-50. - Environmental Goals and Objectives. A. Encourage responsible and sustainable water usage. 1. Connection to public water and sewer services shall be taken into consideration for development approval. The property has an existing water tap from the City of Greeley. The City of Greeley has indicated that the existing tap can be used for commercial purposes. Also, there is a commercial well was approved under by the Division of Water Resources under permit # 3-24292-F. The Division of Water Resources, in their referral response dated August 1, 2022, stated that this well would be required to be included in a plan for augmentation prior to being operated for their decreed and permitted uses and be the well must in compliance with South Platte RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 2 Measurement Rules before it can be operated There are two existing septic systems on the property One (permitted under G- 19760269) is used for the house and the other (permitted under G-19800170) is for up to four (4) employees and associated with the previously permitted retail business Section 22-4-10 — Comprehensive Plan Map C Development requiring rezoning is generally discouraged in the following locations 1 Within one -quarter mile of any municipality A portion of the property is located within % mile of the Municipal Boundaries of the City of Greeley However, the area within % mile is not developable land, it is a portion of the right-of-way for Cherry Avenue that has been annexed by the City of Greeley The nearest existing properties in Greeley limits are more than % mile from this property B Section 23-2-30 A 2 - The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses Similar agricultural related uses are located in the area Horse stables are located on the property to the north and single-family residences on properties approximately five (5) ) acres in size (with pasture/crop areas) are located to the east The property is screened from the adjacent school property (Bella Romero) to the east by existing mature vegetation The City of Greeley, in their referral dated July 27, 2022, states that the property is located within Greeley's Long Range Expected Growth Area (LREGA) Greeley anticipates annexation and urban development to occur in the future Greeley recommends that City of Greeley Standards regarding Nonresidential Development Standards be followed and has outlined screening, storage and landscaping standards for non-residential (commercial) uses C Section 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district The property has an existing water tap from the City of Greeley The City of Greeley has indicated that the existing tap can be used for Commercial purposes In the future, if new/additional water and sewer services are requested to serve the property, then RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 3 annexation into the City of Greeley will be required prior to these services being provided Also, there is a commercial well was approved under by the -Division of Water Resources under permit # 3-24292-F The Division of Water Resources, in their referral response dated August 1, 2022, stated that this well would be required to be. i cluded in a plan for augmentation prior to being operated for their decreed and permitted uses and be the well must in compliance with South Platte Measurement Rules before it can be operated There are two existing septic systems on the property One (permitted under G- 19760269) is used for the house and the other (permitted under G-19800170) is for up to four (4) employees and associated with the previously permitted retail nursery business The City of Greeley has indicated that sewer service is more than 400 -feet away and is not required at this time Public water and septic' systems are allowed for uses in the A (Agricultural) Zone District D Section 23-2-30 A 4 - For zoning amendments to any zone district other than A (Agriculture), unpaved street/roads providing access to the subject parcels shall have a minimum 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum right-of-way width of sixty (60) feet Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to' recording the Change of Zone plat Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and'Section 2-3-30, Collateral for improvements, both -of this Code The Improvements Agreement shall provide for the road to be improved to a minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum Right -of- Way width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement Weld County Department of Planning Services - Development Review, in their referral dated July 21, 2022, states that Cherry Avenue is considered adequate in functional classification, structural capacity, and width for the potential traffic associated with the proposed zone district E Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards 1) Section 23-2-30 A 5 a — The property is located within the Greeley -Weld County Airport Overlay District No referral response has been received from Greeley -Weld Airport regarding this application The property is not located within a Geologic Hazard Overlay District, Agricultural Heritage Overlay District, or a Special Flood Hazard Area The Greeley -Weld Airport did not provide a referral response 2) Section 23-2-30 A 5 b — The applicant provided a soils report from Natural Resource Conservation Service (NRCS) that stated that the soil type, Altvan loam, is not limited for small commercial buildings 3) Section 23-2-30 A5 c — The property already is covered by existing improvements RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 4 (residence, office trailer and outbuilding) and the size of the property (4 5 acres) is impractical for mining purposes The A (Agricultural) Zone District allows mining as a Use by Special Review (USR) This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Change of Zone from the R-1 (Low Density Residential) Zone Distnct and C-1 (Neighborhood Commercial) Zone Distnct to the A (Agricultural) Zone District is conditional upon the following 1 Prior to recording the plat The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel (Department of Planning Services) A The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated July 27, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services 6 The applicant shall address the requirements of the Colorado Division of Water Resources as stated in the referral response dated August 1, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services C The plat shall be amended to delineate the following 1 All pages of the plat shall be labeled COZ22-0007 (Department of Planning Services) 2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of Planning Services) 3 All recorded easements shall be shown and dimensioned on the Change of Zone plat (Department of Planning Services) 4 All approved accesses shall be delineated on the plat (Department of Planning Services) 5 Cherry Avenue is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right- of -way) and the physical location of the road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also delineate the physical location of the roadway Pursuant to the definition of setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future right-of-way line This road is maintained by Weld County (Development Review) 6 Show and label the existing permitted access point and the usage type (Residential) (Development Review) RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 5 2 The following notes shall be delineated on the Change of Zone plat A The Change of Zone allows for A (Agricultural) uses which shall comply with the A (Agricultural) Zone District requirements as set forth in Article III Division 1 of the Weld County Code (Department of Planning Services) 5 The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code (Department of Planning Services) C Any future structures or uses on site must obtain approval through a Building Permit, Zoning Permit or Use by Special Review (Department of Planning Services) D Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) E Water service may be obtained from the City of Greeley or an appropriately permitted well (Department of Public Health and Environmental) F Groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment The Weld County Department of Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter (Department of Public Health and Environment) G The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system (Department of Public Health and Environment) H Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) r I The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) J Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) K This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit (Development Review) L The historical f low patterns and run-off amounts will be maintained on the site (Development Review) RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 6 M Building permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code A building permit application must be completed and submitted Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently, the following have been adopted by Weld County 2018 International Building Codes, 2018 International Residential Code, 2020 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit must be issued prior to the start of construction N Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program, the County Facility Fee, and Drainage Impact Fee Programs (Department of Planning Services) O Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations (Department of Planning Services) P RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource (Department of Planning Services) Q RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long- standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow - moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, f lies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE 7 is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35 -3 5- 102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the life line for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and f ire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood (Department of Planning Services) 3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services The plat shall be prepared in accordance with the requirements of Section 23-2-50 D of the Weld County Code 4 Upon approval of the plat, Conditional of Approval 3 above, the applicant shall submit to the Department of Planning Services a Mylar plat along with all other documentation required as Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff The Mylar plat and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of County Commissioners resolution The applicant shall be responsible for paying the recording fee 5 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the RESOLUTION COZ22-0007 DPR GREELEY, LLC PAGE S willingness and ability to record the plat The Board of County Commissioners may extend the date for recording the plat If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ 6 In accordance with Appendix 5-J of the Weld County Code, should the plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period 7 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners However, no building permit shall be issued, and no use shall commence on the property until the plat is recorded Motion seconded by Sam Gluck VOTE For Passage Elijah Hatch Skip Holland Sam Gluck Michael Wailes Michael Palizzi Shana Morgan Against Passage Absent Butch White Pamela Edens The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings CERTIFICATION OF COPY I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 4, 2022 Dated the 4. day of October, 2022 -Inech,,tee, ,,,,f Wt."--e- Michelle Wall Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 4, 2022 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair. Elijah Hatch. at 12:34 pm. Roll Call. Present: Elijah Hatch. Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan. Absent: Butch White. Pamela Edens. Also Present: Kim Ogle, Chris Gathman, Diana Aungst. Michael Hall, and Maxwell Nader, Department of Planning Services; Lauren Light. Department of Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary. Motion: Approve the September 6, 2022, Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Sam Gluck. Motion passed unanimously. CASE NUMBER: APPLICANT PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION. COZ22-0007 DPR GREELEY, LLC CHRIS GATHMAN CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT AND THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT LOT 4, BEING PART OF THE NW4NW4 OF SECTION 15, T5N. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO. ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO. EAST OF AND ADJACENT TO CHERRY AVENUE: APPROXIMATELY 630 FEET SOUTH OF EAST 20TH STREET Chris Gathman, Planning Services, presented Case COZ22-0007, reading the recommendation and comments into the record. There is an active zoning violation (ZCV21-00355) and building violation (BCV21-00063) on this property. The violations were initiated due to the expansion of a commercial use outside an existing SPR area as well as work being completed on existing structures without first obtaining a building permit as well as a replacement office trailer that was assumed to be moved on the property without permits. Neither case has proceeded past the violation notification letters. Approval of this application will correct the outstanding violations. The property is approximately 4 acres. A small section, approximately 150' x 150', is zoned C-1 with the remaining land zoned R-1. The Change of Zone to C-1 was approved in 1972 but staff was unable to find a survey delineating the zoning boundaries. The outbuilding and office trailer both appear to overlap the C-1 and R-1 boundaries. The applicants want to be in compliance and are proposing to proceed with the correct zoning and building permits. Commissioner Holland asked staff what the commercial business on the property was. Staff responded that the company does property maintenance. Mr. Holland asked if employees are leaving and returning from the property or if it was equipment storage. Staff responded that there are some employees who come and go from the property. Staff sent referrals to 15 referral agencies and received 5 responses back with comment and 6 responses back with no concerns. Staff received 1 e-mail and 1 letter of objection from one surrounding property owner and 2 phone calls from another surrounding property owner who expressed concerns about the hours of operation and traffic associated with this use. This property owner wants to make sure that the zoning/business is compatible with the area. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan The Chair asked staff how long the current business has been running from the property Staff responded he would estimate approximately 6 months Rob Molloy, 980 Norway Maple Drive, Loveland, Colorado Mr Molloy said he is representing the applicant He gave a slide presentation summarizing their project plans and rezoning request in order to comply with Weld County codes He said the business is a property management company and they plan on living in the home on the property Mr Molloy said they have improved and cleaned up the property as well as remodeled the house The owners of the property wish to keep their equipment located on the site They intend to do further landscaping and screening Commissioner Morgan asked if the increase in traffic was mainly due to the construction being done improving and remodeling of the house and property She also asked if the traffic is expected to slow down after these projects are completed Mr Molloy replied that he feels the owner of the property can answer the questions better than he could Dillan Roche, 6600 West 20. Street #34, Greeley, Colorado Mr Roche stated that he is an owner and operator of the company The business is family owned and has operated since 1992 He works alongside with his 3 brothers and his mother They do land development and property management Mr Roche addressed Commissioner Morgan's traffic question He said that the traffic will slow down Most of the traffic is due to the remodel of the home and cleanup of the yard Mr Roche said they are very proud to be from Greeley and they take a lot of pride with their developments They plan to take care of this property with the same excellent service and management He said they understand the surrounding area and plan to keep the integrity of the neighborhood Mr Roche said they want to store equipment on the property such as trailers, trucks, snowplows, salt spreaders, 2 skid steers and a power washer He said it is not that extensive of an operation Mr Roche said their main office is located in the Westlake Shopping Center and that is where they conduct most of their business from The Chair asked if there was anyone in the audience who wished to speak for or against this application Barbara Flores, 2045 Cherry Ave, Greeley Colorado Ms Flores said she lives west of the applicant's property She submitted a map for the record that shows the other properties in the area are zoned R-1, not Agricultural She voiced concern about the traffic doubling She said an 18 -wheeler accessed the site on Cherry Avenue from East 20'h Street on September 29, 2022 She expressed concerns about excessive lighting and noise coming from the shop building Ms Flores said there are no sidewalks and a lot of pedestrians She said the area is a subdivision and doesn't understand why it was said this is an opportunity zone Ms Flores doesn't want other businesses to be encouraged to move into the area She submitted her documents to the County Attorney for the record A few members of the Planning Commission had questions and comments about different land use permits and zoning permits Staff clarified how this zoning permit has requirements (design and operation standards) that must be met Marvin Wilson, 2301 Cherry Avenue, Greeley, Colorado Mr Wilson said the new property owners have cleaned up the property It used to be full of junk He said that the traffic has not doubled Mr Wilson said that the workers come pick up their trucks in the morning and return them in the evening He said he is in support of this,request They are good neighbors Shawn Elliott, 1308 East 20'h Street, Greeley, Colorado Mr Elliott said he lives to the north and shares a fence with the applicant He said they have removed weeds from in front of the property which was never taken care of before Mr Elliott said the property owners are always trying to improve the site, they are even taking care of the weeds on his ditch He said he has a riding arena, and his horses probably make more noise than the applicants do Mr Elliott said they are good neighbors He said there are a lot of kids in the area coming and going from school, so that is a concern Tansi Flores, 2045 Cherry Avenue, Greeley, Colorado Ms Flores said there has been an increase in traffic and that people drive faster than the speed limit They are concerned about the children's safety in the area She said that she sees people working late on the property Ms Flores said she doesn't feel the business is compatible with the area and she doesn't think it is an Agricultural business She also voiced concern that in the future they will want to change zoning to Commercial Mr Molloy addressed the concerns of the public speakers He said that there will be 2 or 3 people who come and go from the property each day Most of the traffic has been from the cleanup and remodel Mr Molloy said the speed limit is 35 and since there is a school in the area, it should probably be lowered They are aware there are kids in the area and will drive safely Mr Molloy said they will be limited to 9 vehicles parking on the site He explained they are requesting the site to be zoned Ag to meet their needs They do not have plans to change to Commercial The Chair asked Mr Molloy what time the employees arrive to pick up and return the equipment in relationship to the hours of the school Mr Molloy said there is not a set time The hours submitted in the application are between 5 30 am and 5 30 pm Mr Molloy said they are a safe company, and they have a reputation to uphold Commissioner Wailes asked staff if the Zoning Permit for Certain Uses in the Ag Zone (ZPAG) permit would expire if the property was sold Mr Gathman stated he could not find a provision in the Weld County Code that states ZPAG expires upon the lease or sale to another party The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case COZ22-0007 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Sam Gluck Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak ) The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 4 02 pm Respectfully submitted, -Incaidie, Wai-e- Michelle Wall Secretary PLANNING COMMISSION ATTENDANCE RECORD Date NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 1 + z wt ry -4 X a .1 - c• s,nn e r a Oa- - T{o , % ‘ 1 v 15 70 1 Ji 3 pre f k int hpi-or C a SOZ) tArAE-c-%6L CinLiitctrnccH310 r vI a ✓y4 ma.liket L4 -ti 4-- Co 1 1 s e e -' -- turryt 606, Z 3-76 H I 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