HomeMy WebLinkAbout20200131.tiffHEARING CERTIFICATION
DOCKET NO. 2019-125.G
RE: CHANGE OF ZONE, COZ19-0002, FROM THE R-1 (LOW DENSITY RESIDENTIAL)
ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT — DANIEL
AND JANNA MILLER
A public hearing was conducted on June 3, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 30, 2019, and duly published
September 4, 2019, in the Greeley Tribune, a public hearing was conducted on October 9, 2019,
to consider the request of Daniel and Janna Miller, for Change of Zone, COZ19-0002, from the
R-1 (Low Density Residential) Zone District to the C-3 (Business Commercial) Zone District, at
which time the Board deemed it advisable to continue the matter to November 27, 2019, to allow
the applicants adequate time to complete the Conditions of Approval and record the plat for
Resubdivision, RES19-0008. On November 27, 2019, the matter was continued to January 15,
2020, to allow the applicants additional time to record the plat for Resubdivision, RES19-0008,
which is contingent on the results of a soils test and the revision of the Drainage Report. On
January 15, 2020, the applicant and staff requested a continuance to April 1, 2020, to allow the
applicant adequate time to address drainage issues that are prohibiting the recordation of the plat
for Resubdivision, RES19-0008. On April 1, 2020, the matter was continued to April 22, 2020,
due to the COVID-19 event and to protect the health, safety, and welfare of the general public.
On April 22, 2020, the matter was continued to May 6, 2020, due to the ongoing COVID 19 event
and to protect the health, safety, and welfare of the general public. On May 6, 2020, the matter
was continued to June 3, 2020, to allow the applicant additional time to record the plat for
Resubdivision, RES19-0008. Bob Choate, Assistant County Attorney, made this a matter of
record.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated the site is located on the south side of East 18th Street, along a portion of road that is
maintained by the Colorado Department of Transportation (CDOT). She indicated 13 referrals
were sent out, eight (8) agencies responded, noted the applicant wants to use the site for a diesel
vehicle maintenance and repair shop, and provided the zoning history of the parcel. She
confirmed the plat for Resubdivision, RES19-0008, had been recorded, referenced the City of
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HEARING CERTIFICATION - DANIEL AND JANNA MILLER (COZ19-0002)
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Greeley's Land Use Guidance map, which shows the site is located between High Intensity Mixed
Use and Suburban Neighborhood, and explained several surrounding properties have been
annexed into the City of Greeley. She stated the site is within the Airport Overlay District,
mentioned the Department of Planning Services received one (1) letter of objection from a
surrounding property owner (SPO), and described surrounding uses. Ms. Snyder added, staff will
recommend any commercial use of the site be buffered and screened from adjacent properties to
mitigate visual and noise impacts, she entered the favorable recommendation of the Planning
Commission (PC) into the record as written, and displayed images of the site and surrounding
views.
• Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stated access to the site is on East 18th Street, and reiterated it is on
the CDOT maintained portion of the road.
▪ Lauren Light, Department of Public Health and Environment, stated at the PC hearing, the
applicant's representative indicated the subject site does have a well, and the applicant is creating
an augmentation plan and will be adding a commercial septic system. She explained because the
applicant believes it is too expensive to annex into the City of Greeley, the PC added a plat note,
Condition of Approval (COA) #1.D.2, which states, "water service may be obtained from the City
of Greeley, or an appropriately permitted well."
Kelsey Bruxvoort, AGPROfessionals, represented the applicant and shared a PowerPoint
presentation (Exhibit H). She discussed the plans for property, the site location and overview, and
stated the applicant would eventually like to build a residence on the property. She reiterated the
zoning history of the parcel, displayed the current Weld County and City of Greeley zoning maps,
and explained how the Change of Zone is consistent with the City of Greeley Comprehensive
Plan and is compatible with existing and future development. She displayed a map of the Weld
County Urban Development Nodes, explained the plan to provide adequate water, sewage
disposal, street and highway facilities, and affirmed an updated CDOT Access Permit had been
obtained. In response to Commissioner Kirkmeyer regarding proposed plat notes, Ms. Bruxvoort
clarified there is an existing building onsite and the applicant is planning a small expansion of the
gravel parking area.
• No public testimony was offered concerning this matter.
▪ Ms. Snyder confirmed the Department of Planning Services wished to delete Condition of
Approval (COA) #1.A (address City of Greeley comments). There was discussion about
COA #1.D.6 (dust emissions) and #1.D.7 (Fugitive Dust Control Plan, Air Pollution Emissions
Notice, and permit from the Colorado Department of Public Health and Environment) and the
Board opted to delete both of those and add a new COA #1.D.6 to read, "Fugitive Dust shall be
controlled onsite." The Board agreed to all of the aforementioned changes.
• In response to Chair Freeman, Ms. Bruxvoort indicated she had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval, as amended.
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No public testimony was offered regarding changes made to the Conditions of Approval.
vi Commissioner Moreno moved to approve the request of Daniel and Janna Miller for Change
of Zone, COZ19-0002, 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 Ross, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:18 a.m.
This Certification was approved on the 8th day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�fa�J
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Mike Freeman, Chair
reno, Pro-Tem
Steve
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arbara Kirkme
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Kevin D. Ross
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