Greeley council gives broad direction on development-code changes for chickens, neighborhood businesses and emerging uses

Greeley City Council gave staff broad direction Tuesday to begin drafting a new round of development-code amendments covering backyard chickens, neighborhood-scale businesses, build-to-rent housing, development near oil and gas wells, gravel extraction, solar facilities and data centers. The work session did not include a formal vote, but staff said the feedback will shape draft code language that will later return for public review, Planning Commission workshops and eventual adoption.

Community development staff said the update is part of Phase II of a larger code rewrite intended to clarify, streamline and modernize rules that have been difficult to use since the current code was adopted in 2021. Staff said the immediate goal is to write standards for newer or unclear land uses and move more development decisions through a faster, more predictable process, including a "90 by 90" target of reaching a decision within 90 days for 90% of administrative development reviews.

A large share of the discussion centered on urban agriculture, especially backyard chickens. Consultant Jen Gardner said the question was not whether to allow urban agriculture, but how to regulate it for Greeley. Staff presented options that would increase the number of backyard fowl allowed on typical residential lots, prohibit roosters in residential areas and add housekeeping, enclosure and setback standards, with one option requiring a permit and another allowing the use by right. Council Member Johnny Olson said six chickens sounded reasonable, while Mayor Pro Tem Melissa McDonald asked that health and sanitation rules be spelled out because "chickens can stink as well in the neighborhood." Staff member Don said many residents already keep chickens out of public view and argued that clear standards would improve enforcement and neighbor protections.

On cottage commercial uses, staff asked for direction on whether to allow small neighborhood businesses in residential areas under new standards. Gardner described the concept as a middle ground between home occupations and traditional commercial development, aimed at uses such as salons, barber shops, coffee kiosks and home-based bakeries. Don said the idea is to lower the barrier for entrepreneurs while regulating impacts so businesses that outgrow a neighborhood setting can move into commercial space. He added that staff also expects to explore whether homeowners associations could continue to prohibit such uses and whether limits should apply by neighborhood or block.

Council members also signaled support for writing clearer standards for build-to-rent housing rather than continuing to handle such projects primarily through planned unit developments. Staff said build-to-rent projects function differently from both subdivisions and apartments and would benefit from standards covering roads, setbacks, open space, amenities and design. Don said Greeley has already seen three build-to-rent proposals and that a uniform set of performance standards would be more efficient than negotiating each project individually through the PUD process.

For oil-and-gas setbacks, staff said the city wants more flexibility for development near plugged and abandoned wells while maintaining safety requirements. Don said the current code applies a 50-foot setback from any plugged well to all structures, including roads, sidewalks and parking lots, which can constrain development. The draft direction discussed Tuesday would explore allowing some encroachment if mitigations are in place, such as engineering review, verification of well locations, replugging older wells and ensuring continued access for repairs.

The council also backed stronger standards for gravel extraction, where staff said the city currently has little use-specific regulation. The discussion focused on adding rules for noise, lighting, setbacks, hours of operation, haul routes, dust control and reclamation, with possible extra review when batch plants or crushing operations are included. Mayor Dale Hall summarized the discussion as combining the modern operating standards in one option with the added scrutiny tools in the second.

The last two topics drew less debate, but staff received general support to move forward on both. For solar, staff proposed modernizing the code to distinguish between small-, medium- and large-scale facilities, add standards for agrivoltaics and consider allowing some solar facilities in the holding-agriculture zone with conditions. For data centers, staff said Greeley should act proactively by limiting them to appropriate industrial districts and writing standards for setbacks, noise, water use and electrical service. Asked what an electric-service requirement would mean, Don said applicants would need to show they can secure power for facilities that may require 30 to 100 megawatts without affecting existing service for Greeley residents.

The code changes discussed Tuesday were listed as Item 5 on the council agenda. Staff said the next steps are to use the council's consensus to draft redlined amendments, circulate them for stakeholder and public feedback, refine the language and return for additional Planning Commission and City Council workshops before any formal adoption hearing.