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CHANGE OF ZONE
STAFF COMMENTS
C. Gathman
COZ24-0003
Shawn W. Elliott & Buffi J. Elliott, CO 80611
1308 East 20th Street, Greeley, CO 80603
Hearing Date: May 7, 2024
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
W1/2 of Lot 3; being part of the NW1/4 NW1/4 of Section 15, Township 5 North, Range
65 West of the 6th P.M., VVeld County Colorado according to the Subdivision of Lands
by the Union Colony of Colorado.
East of and adjacent to Cherry Avenue and south of and adjacent to East 20th Street
+/- 4.56 acres Parcel No. 0961-15-2-00-001
review of this Change of Zone are listed in Section 23-2-30 of the VVeld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Environmental Health Services, referral dated March 7, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated March 19, 2024
➢ City of Greeley, referral dated March 19, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated February 20, 2024
➢ City of Greeley Fire, referral dated March 18, 2024
➢ Weld County Department of Planning Services — Code Compliance, referral dated April 10, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Greeley-VVeld County Airport
➢ Weld County Code Compliance
➢ Colorado Department of Transportation
➢ Colorado Parks and Wildlife
➢ Town of Kersey
➢ Town of Garden City
➢ School District RE -6
➢ City of Greeley Water
CASE SUMMARY:
The applicant is requesting a Change of Zone from R-1 (Low Density Residential) Zone District to the
A (Agricultural) Zone District. The parcel is approximately five (5) acres in size. The property has a
single-family residence out multiple outbuildings including a 4,750 square foot personal horse -riding
arena. This Change of Zone application was submitted in responseto a zoning violation for exceeding
COZ24-0003 I Elliott
Page 1 of 7
the number of animal units (horses) on the property under case #CCV23-00178. If the Change of
Zone is approved up to sixteen (16) horses would be allowed on the property whereas the existing R-
1 zoning allows only two to three (2-3) horses.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-50 of the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive
Plan] of the VVeld County Code.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses."
The property has existing agricultural uses (horse arena, horses and support buildings).
This lot is also larger and more able to support agricultural uses that smaller lots in the
area.
Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
Similar uses are in the area. Single-family residences on properties with similar acreage
acres in size (with pasture/crop areas) are located to the east. A parcel between
six (6) to seven (7) acres in size with pasture area is located
immediately to the west of this property.
Section 22-4-10. — Comprehensive Plan Map
C. Development requiring rezoning is generally discouraged in the following locations:
1. Within one -quarter mile of any municipality.
The nearest existing properties in Greeley city limits are more than 1/4 mile from this
property.
B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the
Change of Zone will be compatible with the surrounding land uses.
Similar agricultural related uses are in the area. Single-family residences on properties
approximately five (5) acres in size (with pasture/crop areas) are located to the west. A
five (5) acre parcel that was recently rezoned to (A) Agricultural is located to the south.
The applicant has provided letters of support from the principal of Bella Romero, two adjacent
property owners to the west (1224 East 20th Street and 2045 Cherry Avenue) provided letter
of support along with a phone call of support. Additionally, a letter of support was provided
from Girl Scout Troop 76000.
Thirty (30) surrounding property owners were notified of the request by mail. Two (2) letters
of opposition were received from one property within 250 -feet to the northeast. The property
owner objected to smells on the property and stated that this location has developed into a
strong residential area with a school in the area. The property owner objects to rezoning to A
in this location and is opposed to "spot zoning" in this area.
COZ24-0003 I Elliott
Page 2 of 7
C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The property has existing City of Greeley water service (account # 062-769797-01) and an
existing Onsite Wastewater Treatment System (permitted under permit # SE -0400115).
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
Cherry Avenue is a paved road and is considered adequate in functional classification,
structural capacity, and width for the potential traffic associated with the proposed zone
district.
E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
The property is located within the Greeley -Weld Airport Overlay District and the MS4
(Municipal Separate Storm Sewer System) overlay district. No referral comments were
received from Greeley -Weld Airport Overlay District. There are no MS4 requirements for
this change of zone. The property is located in a Historic Townsites Overlay District as it is
portion of Union Colony Subdivision. The property is located in no other overlay district.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property.
Rezoning the property to the A (Agricultural) zone district will not interfere with the with the
present of future extraction of commercial mineral deposits. The property is only five (5)
acres in size and is already covered by a single-family residence and agricultural
outbuildings which greatly limits the ability for mineral extraction.
3) Section 23-2-30.A. 5.c. - If soil conditions on the site are such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the site,
that such limitations can be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the development of the
property.
The property is developed in that it already contains a single-family residence permitted in
2004 and a private arena building permitted in 2020. No future buildings are proposed at
the time of this application.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A
(AGRICULTURAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
COZ24-0003 I Elliott
Page 3 of 7
A. The applicant shall acknowledge the referral comments of the City of Greeley as stated in the
referral comments dated March 19, 2024. Evidence of such shall be submitted in writing to the
VVeld County Department of Planning Services. (Department of Planning Services)
B. The Change of Zone plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled COZ24-0003. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number. (Department of Planning Services)
4. E 20th Street is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right- of -way at full buildout. The applicant shall delineate and label on the plat the future
and existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the VVeld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by VVeld County.
(Development Review). (Development Review)
5. Cherry Avenue is a paved road and is designated on the VVeld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right- of -way at full buildout. The applicant shall delineate and label on the plat the future
and existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by VVeld County.
(Development Review)
6. Show and label the existing permitted access point onto E 20th Street and the usage type
(Residential).Label any other unpermitted access points as "Close and Reclaim."
(Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0003, allows forA (Agricultural) Zone District uses which shall comply
with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County Code.
(Department of Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
COZ24-0003 I Elliott
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7) VVater service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
8) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by an on -site wastewater treatment system (OVVTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, VVater Quality
Control Division, and the VVeld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
9) Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil orto structural loading detrimental to the structural integrity or capability
of the component to function as designed. (Department of Public Health and Environment)
10) Building permits may be required, for any new construction, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by VVeld County: 2018
International Building Codes, 2018 International Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County Code. A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A
building permit must be issued prior to the start of construction. (Department of Building
Inspection)
11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs. (Department of Planning Services)
12) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
13) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the State's commercial mineral deposits are essential to the State's economy; (b)
the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
14) RIGHT TO FARM STATEMENT: VVeld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers
to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural VVeld County would quickly be gone forever.
COZ24-0003 I Elliott
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Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smokefromditch burning; f lies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35 -3.5- 102, C.R.S., provides that an agricultural operation
shall not befoundtobea public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practicesthat are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and f ire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood. (Department of Planning
Services)
3. Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1)
electronic copy (.pdf) of the plat for preliminary approval to the VVeld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be prepared in accordance with the requirements of Section 23-2-50.D. of the VVeld County
Code. The Mylar plat and additional requirements shall be submitted within one -hundred -twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee.
4. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of
the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence substantiating that the
COZ has not been abandoned and that the applicant possesses the willingness and ability to record
the plat. The Board of County Commissioners may extend the date for recording the plat. If the
Board determines that conditions supporting the original approval of the COZ cannot be met, the
Board may, after a public hearing, revoke the COZ.
5. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period.
COZ24-0003 I Elliott
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6. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval
by the Board of County Commissioners unless otherwise specified by the approving resolution of
the Board of County Commissioners. However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded.
COZ24-0003 I Elliott
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April 15, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
ELLIOTT SHAWN W
1308 E 20TH ST
GREELEY, CO 80631
Subject: COZ24-0003 - Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
On parcel(s) of land described as:
W1/2 of Lot 3; being part of the NW4NW4 of Section 15, T5N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 5, 2024 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
Chris Gathman
Planner
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