HomeMy WebLinkAbout20171355.tiffHEARING CERTIFICATION
DOCKET NO. 2017-39
RE: GRANT CHANGE OF ZONE, COZ17-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERICAL) ZONE DISTRICT - C. BRADLEY
KEIRNES
A public hearing was conducted on May 24, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 13, 2017, and duly published April 19,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
C. Bradley Keirnes, requesting a Change of Zone from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District. Bruce Barker, County Attorney, made this a matter of
record.
la Chair Cozad reviewed the procedures to follow should this case result in a tie vote with four
Commissioners being present and Commissioner Conway being excused.
le Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and noted that sixteen (16) referrals were sent out and twelve (12) responses were received,
without concerns or included conditions that have been addressed through Conditions of Approval
(COA). Ms. Aungst stated the site is located within the three (3) mile referral area of the City of
Greeley. She explained that the City of Greeley and the North Weld County Water District have
adopted a water service agreement to provide water in the area. Ms. Aungst also presented the
details of the active zoning violation occurring because of the large amount of fill material and
CDOT storage on the site without the appropriate permit. She stated currently it is unknown what
the uses will be on the property, but there will be a requirement of a site plan review if it is a Use
by Right or Use by Special Review and will need to meet the requirements of the code for the C-3
(Commercial) Zone. She reported the applicant held a neighborhood meeting and received two
letters opposing the site. She displayed photos of the site, details of the parcel location and
entered the favorable recommendation of the Planning Commission into the record as written.
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HEARING CERTIFICATION - C. BRADLEY KEIRNES (COZ17-0002)
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Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements. He stated there is an existing access point along County
Road (CR) 35 under Access Permit AP17-00210. He stated the Colorado Department of
Transportation (CDOT) is proposing to close the existing access point, but explained the applicant
is working with CDOT to keep the access open. Mr. Pinkham stated County Road (CR) 35 is a
paved road and is designated on the Weld County Road Classification Plan as an Arterial Road.
State Highway 392 is maintained by CDOT and the last traffic count, done June 25, 2015, shows
3,017 vehicles per day. He stated there won't be any upfront tracking control, nor an
improvements agreement.
In response to Commissioner Cozad, Mr. Pinkham stated, depending on the use, this will be
reviewed by Planning staff, because staff isn't quite sure of the traffic count, but they may require
an improvements agreement in the future. He clarified that CR 35, south of State Highway 392,
is classified as an Arterial Road and north of State Highway 392, it is a Collector Road.
e Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. North Weld County Water District provides water to the site and she was made aware
by the applicant that there is an unpermitted shared septic system utilized for sewer, so staff
added a COA to have the septic system inspected prior to recording the plat.
Todd Hodges, applicant representative, presented the background of the property and stated
the applicant had been considering an alternate land use prior to the violation. The owners were
approached by CDOT to use the site on a short-term basis while doing the U.S. Highway project.
Mr. Hodges explained that both houses were constructed prior the zoning and were used as
residential until they broke the lease for CDOT. He stated that having this site permitted as a C-3
(Commercial) Zone makes sense with the proximity to the highway. Mr. Hodges stated the
applicant has been working with the CDOT to retain the access.
El No public testimony was offered concerning this matter.
Mr. Hodges clarified the actual language pertaining to the closing of the access. He stated
that CDOT explained removing the access along State Highway 392 as part of the Control Plan.
He stated the applicants would like to retain the right to obtain a non -conforming use for the
second structure on the site and lease to people to have them maintain the homes. He explained
the applicants will delineate future right-of-way.
El Ms. Aungst stated she will send the clarification for the non -conforming use for structures.
CDOT took over both residences in November, 2016, as offices, but the two structures will be
used as residential homes after CDOT's lease expires November, 2017. Ms. Aungst stated the
applicant wants to have a commercial use permit in a residential zone.
Commissioner Kirkmeyer clarified the applicants didn't abandon it but, instead, they changed
the use of the buildings and the applicants can't establish a non -conforming use on the office
buildings.
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HEARING CERTIFICATION - C. BRADLEY KEIRNES (COZ17-0002)
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i Ms. Aungst explained the specifics of the Non -Conforming Use (NCU) which the applicant
applied for the residences that are being used as offices. Commissioner Kirkmeyer expressed the
applicants are in violation because they changed the use of the residences from residential to
commercial offices in the A (Agricultural) Zone, so the NCU went away when the property was
being used as offices.
El In response to Chair Cozad, Mr. Barker stated he agrees with the Planning Department's
interpretation of the NCU. He explained that by changing the zone, it takes away all the
non -conforming uses. Chair Cozad stated that residential use is not allowed in the C-3
(Commercial) Zone.
IR Mr. Hodges reported there are differences between a non -conforming use for a structure and
a Lot, because it is not established as a non -conforming use unless a Recorded Exemption or
Land Use Permit process is completed. He stated the legal aspect is that the structure has not
been abandoned for a year or more. Commissioner Kirkmeyer suggested that a Change of Zone
is not needed to change to commercial. Mr. Hodges argued that an actual Condition of Approval
was approved by the Planning Staff and it changed after the applicant submitted the
non -conformity in the compliance with the COA.
le Chair Cozad explained the Code states there is no Residential use allowed in the C-3
(Commercial) Zone.
le In response to Chair Cozad, Ms. Aungst explained that staff wasn't given all the information
about the uses of the buildings and recommends removing Condition of Approval #1.G.
--- Chair Cozad stated there will need to be a decision made as to whether this will be residential
or commercial.
• Charles Keirnes, applicant, described how they would like to use the property. In response
to Chair Cozad, Mr. Kiernes stated he intends to change the zone to C-3 (Commercial) Zone, but
he understands if he is unable to retain the non -conformity of buildings.
• Commissioner Kirkmeyer agreed with deleting COA #1.G., and inserting, in Findings
paragraph #1.D, the suggested language from CDOT concerning the removal of the access point
at State Highway 392, because ultimately it is under the jurisdiction of CDOT.
• Commissioner Kirkmeyer stated the applicant will need to obtain an amendment to the
Access Management Plan.
• Ms. Aungst stated a letter was provided addressing the concerns, therefore, she
recommends deleting COA 1.B, C, F and G. Commissioner Kirkmeyer requested the letter which
addressed the concerns.
In response to Chair Cozad, Mr. Hodges indicated they have reviewed, and agree to abide
by, the Conditions of Approval, as amended.
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HEARING CERTIFICATION - C. BRADLEY KEIRNES (COZ17-0002)
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le Commissioner Freeman moved to approve the request of C. Bradley Keirnes requesting a
Change of Zone, COZ17-0002, from the A (Agricultural) 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 in the record. The motion
was seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:44 a.m.
This Certification was approved on the 31st day of May, 2017.
ATTEST:d +.eLt4; g1
Weld County Clerk to the Board
C6unty Attorney
Date of signature: Co ((91( ?
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
J _ Cozad, Chair
Steve Moreno, P'ro-Tem
EXCUSED
Sean P. Conway
arbara Kirkmeyer
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2017 -1355
PL0988
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