HomeMy WebLinkAbout20174057.tiffHEARING CERTIFICATION
DOCKET NO. 2017-106
RE: A CHANGE OF ZONE, COZ17-0006, FROM THE C-2 (GENERAL BUSINESS) ZONE
DISTRICT AND THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - MIGUEL ANGEL BENITEZ AND
MARIA JUANA GRANADOS-BENEVIDEZ
A public hearing was conducted on December 27, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman - EXCUSED
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
• Chair Cozad instructed the applicant and reviewed for the public, with two (2) of the five (5)
Commissioners being excused, the vote must be unanimous for the case to be approved.
• I hereby certify that pursuant to a notice dated November 17, 2017, and duly published
November 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Miguel Angel Benitez and Maria Juana Granados-Benevidez, for a Change of Zone,
COZ17-0006, from the C-2 (General Business) Zone District and the R-1 (Low Density
Residential) Zone District to the C-3 (Business Commercial) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
• Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to rezone the site within the Union Colony Subdivision with an existing residence and
outbuildings and surrounded by open ground. He explained there is a Condition of Approval
requiring an application regarding the Non -Conforming Use of the residence. He stated the
applicant is requesting to operate a tree trimming operation with twelve (12) trucks, and plans to
build a shop to store and work on vehicles and he explained this is not allowed under the USR
process because it is in a platted subdivision. Mr. Gathman explained if the Change of Zone is
approved, the applicant will then need to apply for, and receive approval of, a Site Approval to
ensure compliance. He reviewed the supportive referral response from the City of Greeley. In
response to Commissioner Kirkmeyer, Mr. Gathman described the specific location and the
commercial uses in the area, he displayed photos of the site and surrounding views, and entered
the favorable recommendation of the Planning Commission into the record as written.
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HEARING CERTIFICATION - MIGUEL ANGEL BENITEZ AND MARIA JUANA GRANADOS-
BENEVIDEZ (COZ17-0006)
PAGE 2
el In response to Chair Cozad, a lengthy discourse ensued regarding the use of the residence
on the property between the Board, staff and Counsel.
Chair Cozad, in the best interest of moving forward, suggested a recess to allow a brief
meeting between staff and the applicant to provide clear understanding of what needs to happen
to move forward.
El Chair Cozad recessed at 10:18 a.m.
• Chair Cozad reconvened at 10:34 a.m.
�-- In response to Chair Cozad, Mr. Gathman stated the applicants are leaning toward a
continuance to consider the options that will allow them to have outside storage.
• Chair Cozad recommended revisiting Section 23-3-210 regarding the C-1 Zone District,
which allows the property owner to utilize a residence to house the proprietor or employees of the
on -site business and the C-3 Zone District allows the uses from the C-1 Zone District.
El In response to Commissioner Kirkmeyer, Christen DePetro, represented the applicant and
stated the current tenants are two (2) of the employees. Commissioner Kirkmeyer clarified the
hearing may proceed with the understanding that only the proprietor or employees may live in the
on -site residence.
In response to Chair Cozad, Ms. DePetro agreed to move forward.
• Mr. Gathman displayed the remaining site images.
El Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stating the access location is maintained by the Colorado Department of
Transportation (CDOT) and the applicant will need to verify the requirements with CDOT.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. She stated the Change of Zone does not change the drainage impact.
la Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating North Weld County Water District (NWCWD) provides water and a septic
system permitted for two (2) bedrooms provides sewer to the existing residence. He reviewed the
notes for the plat relevant to Environmental Health and offered a correction to Condition of
Approval (COA) #1.E.5 to amend water service provision from NWCWD, rather than the City of
Greeley.
• Ms. DePetro represented the applicant, and stated the plan is not to increase traffic and the
2017-4057
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HEARING CERTIFICATION - MIGUEL ANGEL BENITEZ AND MARIA JUANA GRANADOS-
BENEVIDEZ (COZ17-0006)
PAGE 3
applicants operate a well-known tree trimming business with a dozen different types of trucks to
include trailers, chippers, and regular pick-ups. She mentioned the applicant would like to build a
new building for storage of those vehicles, and she reviewed plans for screening, signage,
employee arrival and departure, hours of operation, and storage of landscape materials. She
asserted this is a very minimal level of invasiveness to the environment and surrounding homes
and businesses. In response to Chair Cozad, she confirmed that she and the applicants
understand the subsequent Site Plan Review process.
No public testimony was offered concerning this matter.
In response to Chair Cozad, Ms. DePetro stated she had no questions or changes regarding
the Conditions of Approval.
In response to Commissioner Moreno, Ms. DePetro explained the neighbor adjacent to the
southeast quadrant had concerns related to noise and storage and that she communicated with
the neighbor explaining there are no plans for that part of the property and the applicants' intent
is to keep noise to a minimum and that seemed to alleviate her concerns.
El Chair Cozad began with amending Condition of Approval (COA) #1.E.5, as recommended
by Mr. Frissell. Commissioner Kirkmeyer suggested deleting COA #1.B. She further suggested
adding a note to the plat, as a new #1.E.2 and renumber accordingly, stipulating the residence
may only be occupied by the proprietor or employees of the on -site business. Chair Cozad agreed
and added the deletion of COA #1.C in support of her recommendation. The Board agreed to the
changes. Mr. Gathman recommended language from the Code for the addition.
El Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad,
Ms. DePetro, on behalf of Miguel Angel Benitez and Maria Juana Granados-Benevidez, indicated
they have reviewed, and agree to abide by, the Conditions of Approval, as amended.
el Commissioner Kirkmeyer requested additional language to the findings, #2.B, clarifying the
on -site residence be limited in use to the proprietor or employees of the on -site business, as cited
in the Code. She moved to approve the request of Miguel Angel Benitez and Maria Juana
Granados-Benevidez, for a Change of Zone, COZ17-0006, from the C-2 (General Business) Zone
District and 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 and entered into the record. The motion was
seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:52 a.m.
2017-4057
PL2512
HEARING CERTIFICATION - MIGUEL ANGEL BENITEZ AND MARIA JUANA GRANADOS-
BENEVIDEZ (COZ17-0006)
PAGE 4
This Certification was approved on the 3rd day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,d;tittA)v• je&O;e1
Weld County Clerk to the Board
BY:
Depu
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
APP R D AS :��=' �; ` : 'w �ti*��,_R�\ EXCUSED
County Attorney
Date of signature: Ul//7/1R
Mike Freeman
Barbara Kirkmeye
2017-4057
PL2512
ATTENDANCE LIST
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