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Home My WebLink About20202772.tiffHEARING CERTIFICATION DOCKET NO. 2020-58 RE: CHANGE OF ZONE, COZ20-0005, FROM THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT AND R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT — BRIAN HARRELL A public hearing was conducted on September 16, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Planning Services Department representative, Maxwell Nader Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated July 28, 2020, and duly published July 31, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Brian Harrell, for a Change of Zone, COZ20-0005, from the C-3 (Business Commercial) Zone District and R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. e Maxwell Nader, Department of Planning Services, presented a brief summary of the request for a change of zone to correct a split zoning designation which was approved in 1962. Mr. Nader stated the original zone change included multiple properties in the northwest Greeley area and the proposed zoning will allow for the continuation of oil and gas extraction as a Use by Right and will allow the applicant to appropriately permit the two (2) dwellings located on the site via a Non- conforming Use permit or Use by Special Review permit. Mr. Nader relayed there is an active zoning violation which was initiated due to the storage of commercial vehicles and equipment, the presence of two (2) homes built in 1910 and 1981, and a visible non-commercial junkyard on a lot with C -3/R-1 split zoning. He stated 18 surrounding property owners (SPOs) were sent notices with no responses received, and shared the site is located within the three (3) mile referral area of the City of Greeley, City of Evans and the Town of Garden City, none of which commented or relayed concerns with the request. Mr. Nader reviewed other land uses in the area, displayed images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record. IR Melissa King, Department of Public Works, confirmed the access locations, via several easements onto a section of First Avenue that is maintained by the Colorado Department of CC: t.00•\ k3VIC60 , tlF1 lam. loll /2ou4 2020-2772 PL1974 HEARING CERTIFICATION - BRIAN HARRELL (COZ20-0005) PAGE 2 Transportation (CDOT), and stated the applicant should contact CDOT regarding access permitting and any traffic impacts. e Lauren Light, Department of Public Health and Environment, relayed a permitted, shared well provides water to both residences and each have unpermitted septic systems which will be reviewed once a planning application is submitted to allow two homes on one parcel. Ms. Light relayed Environmental Health (EH) suggested several notes for the plat that relate to septic and water service and EH has no outstanding issues. e Todd Hodges, Todd Hodges Design, LLC, stated this is a unique situation due to prior split zoning which created issues for long-term use and continued use. He relayed the applicant would like to have his residence at the property and also retain the existing oil and gas activities. Mr. Hodges commented, should there be any changes in the future, they would come back to address any requirements pertaining to new uses. Mr. Hodges stated the site is located within a mix of agricultural, mining, commercial and industrial activities, and the applicant inherited the residential, historical site. Mr. Hodges shared his appreciation of staff, stating Mr. Harrell has been cleaning up the property and working on meeting the Conditions of Approval (COA). El No public testimony was offered concerning this matter. e In response to Chair Freeman, Mr. Hodges, on behalf of the applicant, indicated they reviewed, and agreed to abide by, the COA, Mr. Nader requested deletion of COA #1.D (Access Agreement). e There were no other changes to the COA and no comments or suggested changes. IR Commissioner Moreno moved to approve the request of Brian Harrell for Change of Zone, COZ20-0005, from the C-3 (Business Commercial) Zone District and 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 Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 10:14 a.m. 2020-2772 PL1974 HEARING CERTIFICATION - BRIAN HARRELL (COZ20-0005) PAGE 3 This Certification was approved on the 21st day of September, 2020. BOARD OF COUNTY COMMISSIONERS ��,��,,// WELD � 11COUNTY, COLORADO ATTEST: dactifet) �', �C.Gto%e1 Taal. a Mike Freeman, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board Steve oreno Sco K. James arbara Kirkm Kevin D. Ross ro-Tem 2020-2772 PL1974 ATTENDANCE LIST 0//e-, /2v NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? ��-1 aN1E Jv1^NttAQ c' 'TC�.C�7 /Qa.� iit e r I 'z e €44, �7 ��0'3 2 G. Q �'3 �„ 1 � 5J� �/ Z y Ed2uoI4,W6 ne_G ._ —N`T .2W 2 / 7A-vexvtPlac e 1,t'- .1-e--, Co/ci,ro.-40 GU-ci4 Ma iris' ��/� �,G 6...;Wakr.1.4 � i .‘ /k4ede „ I e �� c. t# * 1� "rv', \eft` %,\At 1t \),A , �� 1,,,-,„,0,,A, 1 I ,rt. tovt\c , we ,� � .0,. 7 cu ( �i .cx.,c, �...c{- frr o /' Z9 /s'` , jre 6 -mil 6 . ga/ �l�,,,e, 90 4074 ha _ �Q�, A/O. en('roc : t � ° �� .5.Z • yet) _nit, efe.,vt. 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