HomeMy WebLinkAbout20241226.tiffPlanner:
Case Number:
Owner/
Applicant:
CHANGE OF ZONE
STAFF COMMENTS
C. Gathman
COZ24-0001
Moore Real Property LLC — Derick Brian Moore & Babaft AC Moore
501 E 27th Street, Suite 43, Greeley, CO 80631-9781
Hearing Date: May 7, 2024
Site Address: Lot 1 — RES21-0008 - 1910 Cherry Avenue, Greeley, CO 80631-9781
Lot 2 — RES21-0008 — Not currently addressed
Request:
Legal
Description:
Location:
Parcel Size:
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Lot 1 and Lot 2 of Resubdivision RES21-0008; Being part of the SW4 SVV4 of Section
10, T5N, R65W of the 6th P.M., according to the Subdivision of Lands by the Union
Colony of Colorado, Weld County, CO
East of and adjacent to Cherry Avenue and approximately 190 -feet north of East 20th
Street
Lot 1 — 1 acre
Lot 2 — 1.71 acres
Parcel Nos. 0961-10-3-09-002
0961-10-2-09-001
The criteria for 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 Public Health and Environment, referral dated January 29, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated February 1, 2024
➢ City of Greeley, referral dated February 5, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Kersey, referral dated January 9, 2024
➢ Town of Garden City, referral dated January 9, 2024
➢ City of Evans, referral dated January 10, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Department of Planning Services - Building Inspection
➢ Weld County Department of Planning Services - Code Compliance
➢ Weld County Sheriff's Office
➢ Greeley -Weld County Airport Authority
➢ Colorado Department of Transportation
➢ Colorado Parks and Wildlife
➢ City of Greeley Fire Department
➢ Weld County RE -6 Schools
➢ City of Greeley Water & Sewer Department
COZ24-0001 I Moore Realty LLC
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CASE SUMMARY:
The applicants are proposing a change the zone from the R-1 (Low Density Residential) to the A
(Agricultural) zone district for both Lot 1 and Lot 2 of Resubdivision RES21-0008. There is an existing septic
installed on Lot 1 of RES21-0008. Lot 2 is currently vacant with exception of some vehicles parked onsite.
Lot 1 has a partially collapsed building (frame) along with multiple vehicles parked onsite. The applicant
applied for a building permit under RSN22-0017 for a 2,000 square foot single-family residence. The
building permit has expired and the property owner is in a litigation process with the building contractor.
The residence partially collapsed due to an adverse weather event and has not been either removed or
rebuilt due to ongoing litigation. Both lots are proposed to be served by the City of Greeley. Lot 1 has an
existing septic permit SP -2100345.
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 VVeld County Code, as follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
Sec. 22-2-30. - Land Use Goals and Objectives.
C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
There is a mix of residential and agricultural uses in the area. Horse stables and
horses are located on the property 230 -feet to the south, single-family residences
on properties with outbuildings and larger parcels ranging from 1.5 to 3 acres in size are
located immediately to the west and north.
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.
A portion of the property is located approximately 1,380 -feet from the Municipal
Boundaries of the City of Greeley. The nearest existing properties in Greeley 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.
Thirty-four (34) surrounding property owners were notified by mail of the request. One letter
of objection was received from a property owner located further to the east and south. The
letter states that the property owner bought the property because he wanted R-1 zoning and
the area has developed in a strong residential area. He objects to "spot zoning" in this area.
There is a mix of residential and agricultural uses all located within the R-1 Low Density
COZ24-0001 I Moore Realty LLC
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Residential in the area. Horse stables are located on the property 230 -feet to the south,
single-family residences on properties with outbuildings and larger parcels, ranging from one
and a half to three (1.5 to 3) acres in size, are located immediately to the west and north.
Further to the south along Cherry Avenue, there are single-family residences on properties
approximately five (5) acres in size (with pasture/crop areas).
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 is proposed to be served City of Greeley water and onsite wastewater treatment
systems. The City of Greeley, in their referral dated February 5, 2024, states that prior to any
development, including single-family residential, the CD2022-0011 waterline application must
be resubmitted and approved. A septic system has been applied for under SP -2100345 fora
single-family residence on Lot 1 and is still in process.
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 zoned
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.
No referral response has been received from Greeley -Weld Airport Authority regarding
this application. The property is not located within a Geologic Hazard Overlay District,
Agricultural Heritage Overlay District, or a Special Flood Hazard Area. The Greeley -Weld -
Airport did not provide a referral response. The property is located in the MS4 boundary. No
MS4 requirements apply to this change of zone.
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 properties are one (1) acre
and two (2) acres in size 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 applicants provided a geotechnical report in 2021 forthe construction of a proposed
residence. The report indicated that the site appeared to be suitable for residential
construction provided the criteria and recommendations of the report are followed.
COZ24-0001 I Moore Realty LLC
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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:
A. The applicant shall negotiate in good faith the requirements of the City of Greeley, as stated in
the referral response dated February 5, 2024. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services).
B. There is a partially collapsed structure on Lot 1 of RES21-0008. Evidence that appropriate
demolition permits have been applied for and the structure has been removed and the site has been
inspected and deemed safe shall be provided to the Department of Planning Services. (Department
of Planning Services)
C. There are multiple vehicles located on Lot 1 of RES21-0008. There is not currently a principal
use associated with this property. Vehicle parking is delineated as an accessory use to a
principal use in both the R-1 (Low Density Residential) and A (Agricultural) zone districts. There
is no evidence of a principal use associated with these properties. The building permit
associated with the property (2000 square foot single-family dwelling that has been applied for
under RSN22-0017) has expired. The applicant shall address this as follows:
1) Remove any commercial vehicles parked onsite and any vehicles not owned by the
property owner.
For any onsite noncommercial vehicles owned by the property owner:
2) Remove all existing vehicles.
OR
3) Provide evidence that a building permit for an allowed use has been applied for as
delineated in Section 23-3-110 of the Weld County Code.
D. There are vehicles located on Lot 2 of RES21-0008. There is not currently a principal use
associated with this property. Vehicle parking is delineated as an accessory use to a principle
use in both the R-1 (Low Density Residential) zone district and A (Agricultural) Zone Districts.
There is no evidence of a principal use associated with this property. The applicant shall
address this as follows:
1) Remove any commercial vehicles parked onsite and any vehicles not owned by the
property owner.
For any onsite noncommercial vehicles owned by the property.
2) Remove all existing noncommercial vehicles.
OR
3) Provide evidence that a building permit for a permitted use has been applied for as
delineated in Section 23-3-110 of the Weld County Code.
E. The Change of Zone plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled COZ24-0001. (Department of Planning Services)
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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. 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 Weld County.
(Development Review)
5. Show and label the existing permitted access point onto Cherry Avenue and include the
usage type (Residential). (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0001, allows fora (Agricultural) Zone District uses which shall comply
with the requirements set forth in Chapter 23, Article III, Division 1 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)
7) This site is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit. (Development Review)
8) Once the permanent control measure has passed final inspection by Public VVorks, the site
shall be routinely inspected at a frequency determined by Public VVorks, usually on an annual
basis unless otherwise noted, for the life of the control measure. Inspections occur to ensure
the permanent control measure remains fully operational and is being adequately maintained
according to the site's Operation and Maintenance Plan. Upon sale of the property, the
responsibility of maintaining permanent control measures shall be transferred to the new
owner. (Development Review)
9) VVater service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
10) Lots 1 and 2 are 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)
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11) 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)
12) 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)
13) 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)
14) 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)
15) 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.
16) RIGHT TO FARM STATEMENT: Weld 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 VVeld 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.
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; smoke from
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ditch burning; flies 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 be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that 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.
VVeld 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 Weld 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.
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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.
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April 3, 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
MOORE REAL PROPERTY LLC
501 E 27TH ST STE 43
GREELEY, CO 806319781
Subject: COZ24-0001 - 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:
Lot1 1 and 2 RES21-0008; part of the SW1/2 SW1/4 of Section 10, 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 May 22, 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
ic
Cris Gathman
Planner
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