HomeMy WebLinkAbout20142548.tiff HEARING CERTIFICATION
DOCKET NO. 2014-62
RE: CHANGE OF ZONE, COZ14-0004, FROM THE R-1 (RESIDENTIAL) ZONE DISTRICT
TO THE C-3 (COMMERCIAL) ZONE DISTRICT-WILLIAM AND TRISHA MORAN
A public hearing was conducted on August 20, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
ID I hereby certify that pursuant to a notice dated July 11, 2014, and duly published July 16,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of William
and Trisha Moran, for a Change of Zone, COZ14-0004, from the R-1 (Residential) Zone District
to the C-3 (Commercial) Zone District. Brad Yatabe, Assistant County Attorney, made this a
matter of record.
El Chair Rademacher advised Trisha Sandau (formerly Trisha Moran), applicant, that she
has the option of continuing this matter to a date when the full Board will be present. However,
if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Kirkmeyer will listen to the record and make the determining vote. Ms. Sandau
indicated she would like to proceed today.
E In response to Commissioner Conway, Mr. Yatabe suggested the applicant clarify the
distinction of the property ownership in relation to the applicant's change of name.
L Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He stated this permit will correct an existing zoning violation, since the
existing use is not allowed in the R-1 (Residential) Zone District. He reviewed the surrounding
uses, referral responses, water and sewer provisions, and business operations as reflected in
the application. He noted the City of Greeley is requesting annexation; however, it is not
required at this time, therefore, staff has included a note to be added to the plat (Condition of
Approval #3.F) which addresses the concerns of the City of Greeley. He displayed photographs
of the site and surrounding area.
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e Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He stated the site is accessed from the U.S. Highway 34 Business
Route which is controlled by CDOT, which indicated there is a legal and grandfathered access.
He also noted the additional requirements for stormwater drainage since the site is located
within the MS4 area. This is an unmanned facility, other than a care taker who resides on the
site, and the main office is located on 1st Avenue close to the subject site.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated the house is served by the City of Greeley water and an existing
septic system, and the remaining provisions will be reviewed in detail during the Site Plan
Review process.
El Ms. Sandau, applicant, clarified the property is owned by NCTC Property and occupied by
Northern Colorado Traffic Control, both of which are owned by herself and Bill Moran. She
clarified that although she did marry three years ago, she has not changed her name on the
property deed. She gave a brief overview of the business and confirmed the subject site is
intended to remain as a storage yard and she would like to add some fencing and she reviewed
the improvements previously made to the site. She has invited neighbors to visit or
communicate any concerns; however, no responses were received. She further stated CDOT
has no concerns with the current access and number of trips, the use is comparable to
surrounding uses, and they have owned the site for the past ten years.
El In response to Chair Rademacher, Ms. Sandau stated she is aware of the MS4
requirements. Ms. Light stated the new regulations removed the 400-foot connection to public
sewer rule and the applicant would be able to upgrade the septic without going through
annexation. Ms. Sandau commented they are planning on a chain link fence with slats for
screening. Mr. Yatabe clarified although the applicant's legal name is Trisha Sandau, the
property is still in the name of Trisha Moran, therefore, the Resolution and corresponding
documentation is correct.
Responding to Commissioner Conway, Ms. Sandau confirmed they are not annexing due
to the water and sewer requirements that would be cost prohibitive and are not needed at this
time. Commissioner Conway advised the applicant that if the property does become
surrounded by other Greeley properties, they will be subject to a requirement for annexation
through State law to annex enclaves. Mr. Gathman reiterated the language contained in
Condition of Approval #3.F concerning a pre-requisite for annexation and water/sewer
requirements should the use change to commercial in the future, and Ms. Sandau indicated her
understanding and agreement.
Ii Clifford Hayes, surrounding property owner to the west, stated his property is zoned
C-3 (Commercial), and he agreed annexing the site does not make sense at this time and he
supports the proposal.
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I] Brad Mueller, Director of Community Development for the City of Greeley, introduced John
Barnet - Long Range Planner, and Caleb Jackson - Planning Technician. He stated the City of
Greeley recognizes the practicality of the zoning request and appreciates the mention of
potential future annexation depending upon future activity. He submitted a letter and maps,
marked Exhibit D, demonstrating the general concept of benefits from municipal services, when
practical. He referenced a joint study and reminded the Board of some of the challenges in the
rural urban areas.
El Chair Rademacher thanked the public for their input and agreed that providing sewer
service in the area is a challenge. Commissioner Conway commented these same issues are
also a challenge in other municipalities experiencing growth. He stated applicants are
encouraged to at least explore annexation prior to proceeding through the application process,
but the decision is left to them. The Board recognizes this is a cooperative effort, and the
County does encourage annexation when it makes sense. Commissioner Garcia referenced
the Coordinated Planning Agreements currently under consideration with the Town of
Keenesburg and City of Fort Lupton, which afford them the opportunity to meet with the
applicants following a pre-application meeting. He stated the Board would invite the City of
Greeley to consider a similar agreement.
a In response to Chair Rademacher, Trisha Sandau (formerly Trisha Moran) requested no
changes to the Resolution. Mr. Yatabe reiterated the Deed is in the name of William and Trisha
Moran so the documentation is proper. Condition of Approval #3.L was amended to change the
word "will" to "may". In response to Chair Rademacher, Ms. Sandau stated she has reviewed,
and agrees to abide by, the Conditions of Approval, as presented and amended.
Fl Commissioner Garcia moved to approve the request of William and Trisha Moran for a
Change of Zone, COZ14-0004, from the R-1 (Residential) Zone District to the C-3 (Commercial)
Zone District, based on the recommendations of Planning staff and the Planning Commission,
with the Conditions of Approval as entered into the record, and amended. The motion was
seconded by Commissioner Conway, who commended the applicant for working to resolve the
violation situation, being proactive with the neighbors, and making quality improvements to the
site. There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:25 a.m.
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This Certification was approved on the 25th day of August, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: waif, C( ieJ_; ! �-y < .0 Q `�lo�Mr
�c.cro e� Dougl s Radema her, Chair
Weld County Clerk to the Board
EXCUSED
Barbara Kirkmeyer, Pro-Tern
BY: a g a i f ..I ' '1 £nt
De•u Clerk to the Boar 7 � . / 2
4-) \ Sean P. Conway
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• t WAN EXCUSED DATE OF APPROVAL
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