HomeMy WebLinkAbout20241225.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ24-0001
Moore Real Property, LLC
Chris Gathman
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
Lots 1 and 2 of Resubdivision. RES21-0008:; being part of the SW1 /4 SW1/4 of Section
10, Township 5 North. Range 65 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to Cherry Avenue; approximately 220 feet north of East 20th Street.
be recommended favorably to the Board of County Commissioners 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 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.
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
Resolution COZ24-0001
Moore Real Property, LLC
Page 2
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 for a
single-family residence on Lot 1 and is still in process
D Section 23-2-30 A4 - 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 maybe demonstrated in a previous public hearing or in the heanng 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 am such that they present moderate
or severe hmitations 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 for the 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
Resolution COZ24-0001
Moore Real Property, LLC
Page 3
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)
Resolution COZ24-0001
Moore Real Property, LLC
Page 4
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 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 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 for a (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 f low 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 Works, the site
shall be routinely inspected at a frequency determined by Public Works, 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) Water 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 (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system (Department of Public Health and Environment)
Resolution COZ24-0001
Moore Real Property, LLC
Page 5
11) Activity or use on the surface'of the ground over any partof 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 or to 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 cod es adopted atrthe time of
permit application Currently the following has been' adopted by Weld 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 lotswill be- required to adhere_tothe 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 add 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 andqualityof 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 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 Weld 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
Resolution COZ24-0001
Moore Real Property, LLC
Page 6
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
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 fire 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 Seniices 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, sandburs, 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 Weld 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
Resolution COZ24-0001
Moore Real Property, LLC
Page 7
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 sha commence on the property until the plat is recorded
Motion seconded by Barney Hammond
VOTE
For Passage
Elijah Hatch
Skip Holland
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Butch White
Pamela Edens
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
s. Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 7, 2024
Dated the 7. of May, 2024
4 Ili
Kristine Ranslem
' Secretary
EXHIBIT
2
S
Summary of the Weld County Planning Commission Meeting
Z0a; -OOO ti
Tuesday, May 7, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Michael Palizzi, Virginia Guderjahn, Barney Hammond.
Absent: Butch White, Michael Wailes, Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader, and Molly Wright, Department of
Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ24-0001
Moore Real Property, LLC
Chris Gathman
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
Lots 1 and 2 of Resubdivision, RES21-0008: being part of the SW1/4 SW1/4 of
Section 10, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado.
East of and adjacent to Cherry Avenue; approximately 220 feet north of East 20'x'
Street.
Chris Gathman, Planning Services, presented Case COZ24-0001, reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter in objection was received expressing
concerns that the property owner bought the property because he wanted R-1 zoning and added that the
area has developed into a strong residential area. Additionally, the letter stated that they object to spot
zoning. Mr. Gathman stated that there is a mix of residential and agricultural uses located within the R-1
zoning in this area. He added that Staff added conditions to address the partially collapsed structure and
vehicles that are parked on Lots 1 and 2 to bring it into compliance with the zoning. The Department of
Planning Services recommends approval of this application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
[Pam Edens entered the hearing at 1:40 p.m.]
Derek and Babaft Moore, 501 E 27th Street, Greeley, Colorado. Mr. Moore provided a history of these
properties after they purchased the property in June of 2021. Both properties were advertised agricultural
and are taxed as agricultural land; therefore they weren't aware it was zoned R-1 and they would like to
change the zoning to agricultural. Mr. Moore described the process that they have went through to bring
the properties into compliance regarding the MS4 area and the construction of the building that partially
collapsed due to poor construction. He added that they are currently in litigation with the builders because
of the deficiencies in the construction and cannot move forward with the removal or construction until
litigation has been completed. Mr. Moore referred to two properties that are in the vicinity of Bello Romero
that were recently rezoned from R-1 to Agricultural and R-1 to C-3. Mr. Moore requested approval of their
application to rezone their properties to agricultural.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Barbara Flores, 2045 Cherry Avenue, stated that she didn't receive notice about this application. Ms. Flores
provided pictures of the partially collapsed building for the record and stated that these are the current
conditions of the property. She added that if the property is rezoned before it is cleaned up is premature.
Ms. Flores stated that the collapsed building has been there for months and it is an eye sore for the
community.
Ron Richardson, 1321 East 20. Street, Greeley, Colorado, stated that he supports the change of zone
because they sold the property to Mr Moore believing it was zoned agricultural and had no idea it was
changed some time ago
The Chair asked how long he owned the property Mr Richardson said his parents lived there for 60 years
and didn't recall that it was rezoned
Mario Euresti, 1331 East 20. Street, stated that he supports Mr Moore and added that Mr Moore has gone
the extra mile to comply with all the requirements He expressed concern that the Planning Department
needs to be more consistent in what they are telling people
John Gaa, 1940 Chestnut Avenue, stated that he is opposed to this change of zone Mr Gaa said that
there are no positives to changing the zone for these properties He added that he doesn't believe it should
change because it is close to the Bella Romero School and is opposed to the potential uses that could be
permitted under the agricultural zoning
The Chair asked the applicant if they have any responses to the comments made Mr Moore stated that
garage is 4000 square feet to house the cars on site
Commissioner Guderjahn referred to July 2022 when the Building Department issued a stop work order
and asked what the deficiencies were Mr Moore said foundation and 254 pages of multiple deficiencies
Commissioner Edens asked if litigation is ongoing Mr Moore said that they have mediation next week and
if it doesn't get done at mediation then they will be court in August Mr Moore said he hasn't cleaned it up
because he has been accused of things that aren't done so he has left it there
Commissioner Holland asked what caused the collapse Mr Moore said that there were multiple
deficiencies in the construction of the building such as the builder did not build according to the design
plans, wrong materials were used, the foundation was not done right and the building was not braced
properly
Commissioner Palizzi asked to speak to the history of the zoning of the area Mr Gathman said that the
original zoning was Delta Zoning in 1962 and then it became Estate and then the old Estate became R-1
He added that it was never agriculturally zoned
In response to Commissioner Hatch's inquiry about what Delta zoning is, Max Nader, Planning Services,
stated that Delta zoning was a way to establish zoning, which was like Residential at that time, and then
Estate and then back to Residential He added that it was never zoned agricultural in this location
The Chair asked the applicant if they have read _through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ24-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Skip Holland, Virginia Gudegahn
Meeting adjourned at 4 20 p m
Respectfully submitted,
¢`.Y\ie6rw y(eytna(osr,
Kristine Ranslem
Secretary
2
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