HomeMy WebLinkAbout20171838.tiffHEARING CERTIFICATION
DOCKET NO. 2017-49
RE: A CHANGE OF ZONE, COZ17-0001, FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - SANDRA LOEFFLER, CIO
JO TEMMER
A public hearing was conducted on June 28, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
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 May 18, 2017, and duly published May 23,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Sandra
Loeffler, c/o Jo Temmer, for a Change of Zone from the C-3 (Business Commercial) Zone District
to the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter
of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
described the site location in reference to relevant County Roads, and stated 13 referrals were
sent out with 10 responses received. She explained the application is a result of a Zoning
Violation, ZCV17-00137, due to the presence of livestock in the C-3 Business Commercial Zone
District. Ms. Aungst clarified that an approval today will correct the violation; however, should the
case be denied, the violation will be forwarded to the County Attorney for further review.
Ms. Aungst stated the uses proposed are residential and agricultural and currently are not
compatible; however, the site has been residential agricultural since 1904, and per the application
materials, the applicant has friendly relations with the surrounding property owners (SPOs). She
clarified the lot does not meet the size limit for the Agricultural Zone District requirement; therefore,
a waiver will be required should the Change of Zone be approved. Ms. Aungst reported the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding properties.
e Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements and stated an Access Permit has been granted,
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HEARING CERTIFICATION - SANDRA LOEFFLER, C/O JO TEMMER (COZ17-0001)
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AP#17-0200, which stipulates to utilize the existing access point. He reviewed the average daily
traffic counts and clarified there is no tracking control or Improvements Agreement required.
• 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 and stated the North Weld County Water District provides water service and there is a
septic system for each residence on the property that have been inspected with no evidence of
failure. She explained the septic systems are grandfathered in with the requirement that if they
fail, they must be brought up to current standards.
• In response to Commissioner Moreno, Mr. Pinkham clarified the most current traffic counts.
• Jo Temmer, applicant, stated the reasons for the violation due to the removal of the barn
which was destroyed by fire, which was a qualifying event and she explained their current desire
to properly rezone the property to the Agricultural Zone and rebuild the barn. Ms. Temmer stated
they work very well with the neighbors to the point of leasing the pasture area of Extraction Oil
and Gas (SPO) to graze their livestock.
• No public testimony was offered concerning this matter.
• Commissioner Kirkmeyer stated her concerns regarding staff comments that it is not
compatible due to being surrounded by the C-3 (Business Commercial) and I-1 (Light Industrial)
Zone Districts. Ms. Temmer interjected the history regarding the original homestead that
encompassed the entire area. In response to Commissioner Kirkmeyer, Ms. Temmer stated
Extraction owns 17 acres to include the eleven (11) acres that they farm.
▪ Chair Cozad stated the Commercial/Industrial businesses in the area are Agriculture related
making the proposed Change of Zone compatible with the surrounding land uses.
• Commissioner Conway clarified his understanding regarding the portion of the Code being
discussed is generally to protect the Agricultural Zone and he thinks it is wonderful to see an
application requesting a change back to Agricultural.
• Commissioner Kirkmeyer stated the Board must provide findings to promote compatibility.
She stated she understands the history and reminded the Board of the non -conforming use.
In response to Commissioner Freeman, Ms. Aungst stated the site was zoned Commercial
in 1962. Commercial Freeman stated the use all along has been residential agricultural and it
makes sense to change the zoning back to Agricultural and it is compatible.
e Commissioner Moreno clarified the qualifying event was the barn burned down.
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• Chair Cozad expressed agreement with Commissioner Kirkmeyer regarding compatibility
and findings. She reiterated her previous finding that the surrounding uses are agriculture related,
and she continued by stating the actual current uses on the adjacent lands are agricultural and
her recommendation is to remove the sentence that states incompatibility in the Resolution.
• Commissioner Kirkmeyer moved to amend the Resolution findings in Paragraph 2.B by
changing the third sentence to read, "The uses have been compatible with the surrounding land
uses, since the site has been residential/agricultural since 1904 (over 110 years); existing prior to
the rezoning in 1972." She reiterated Chair Cozad's earlier comments, stating the surrounding
Commercial and Industrial Uses have been agricultural in nature. The motion was seconded by
Commissioner who added that, regarding compatibility, Section 22-1-120.B supports the motion.
El Mr. Choate pointed out the motion referenced 1972 and it should read 1962, the Board
agreed.
• After further discussion, the motion carried to amend #2.B, on page 2, of the Resolution.
• In response to Chair Cozad, Ms. Temmer indicated she has reviewed, and agrees to abide
by, the Conditions of Approval, as amended.
• In response to Commissioner Kirkmeyer, Ms. Aungst explained the non -conforming structure
due to the right-of-way encroachment. Commissioner Kirkmeyer recommended addressing this.
• Chair Cozad stated the new setbacks provide notification for property owners for building a
new structure. She agreed if something happens to the home it will cause issues.
• Commissioner Freeman explained the right-of-way.
• Commissioner Kirkmeyer suggested deleting Conditions of Approval (COA) #1.D.5 and 6
and creating a new COA #1.D.5 to read, "Any new structures shall meet setbacks for future road
right-of-way." The Board agreed.
• Ms. Aungst requested the Board consider a waiver for the lot size as referenced in
COA #1.D.4.
After further discussion, Commissioner Kirkmeyer moved to waive the minimum lot size as
specified in Section 23-5-50.A.1. The motion was seconded by Commissioner Conway and it
carried unanimously.
In response to Chair Cozad, Ms. Temmer indicated she agrees to abide by the amended
Conditions of Approval.
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Commissioner Kirkmeyer moved to approve the request of Sandra Loeffler, c/o Jo Temmer,
for a Change of Zone, COZ17-0001, from the C-3 (Business Commercial) 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 and entered into the record. The
motion was seconded by Commissioner Conway, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:55 a.m.
This Certification was approved on the 5th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOFj4DO
ATTEST: 2 ,
Weld County Clerk to the Board
Coun y A ttorney
Date of signature: 7 ! S5117
r
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
C-
arbara Kirkmeyer
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