HomeMy WebLinkAbout20241352.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:
COZ24-0003
Shawn & Buffi Elliott
Chris Gathman
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., Weld County, Colorado, according to the
Subdivision of Lands by the Union Colony of Colorado.
East of and adjacent to Cherry Avenue; south of and adjacent to 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.
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 % mile fuom 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
Resolution CO724-0003
Shawn & Buffi Elliott
Page 2
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.
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 23-2-30A. 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.
Resolution COZ24-0003
Shawn & Buffi Elliott
Page 3
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 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 Weld 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. East 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 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). (Development Review)
5. 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)
6. Show and label the existing permitted access point onto East 209' 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 for A (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
Resolution COZ24-0003
Shawn & Buffi Elliott
Page 4
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) Water service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
9) The parcel is 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)
10) 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 or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
11) 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
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)
12) 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)
13) 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)
14) 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.
Resolution COZ24-0003
Shawn & Buffi Elliott
Page 5
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 mineralowners should be
afforded the opportunity to extract the mineral resource.
15) RIGHT TO FARM STATEMENT: Wield 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 14 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
ditch burning; I 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, CRS., 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 f ire, Fire
protection is usually provided by volunteers who must leave their Jobs and families to respond
to enmergenrci. 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)
Resolution C07240003
Shawn & Buff Elliott
Page 6
3. Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1)
electronic copy COQ of the plat for preliminary approval to the Weld County Department of
Planning Service. 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 tom 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 54 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
Pertid
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.
Motion seconded by Barney Hammond.
VOTE:
For Passage
Elijah Hatch
Skip Holland
Pamela Edens
Michael Palizzi
Virginia Cuderrjahn
Barney Hammond
Against Passage Absent
Butch White
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.
Resolution COZ24-0003
Shawn & Buffi Elliott
Page 7
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 7th of May, 2024
46446.6rItd Panatiin_
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
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 Patio, 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
Renslem, Secretary.
[Pam Edens entered the hearing at 1:40 p.m.]
Case Number
Applicant:
Planner.
Request
Legal Deacrip don:
Location:
CC43
Shawn & BUM Elliott
Chris Oathman
Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
W112 of Lot 3; being pert of the t NW1I4 of Section 15, Township 5 North,
Range 65 West of the 6th P.M., Weld County, Colorado, according to the
Subdivision of Lands by the Union Colony of Colorado.
East of and adjacent to Cherry Avenue; south of and adjacent to East 20m Street.
Commissioner Hatch stated that he knows Mr. Elliott, however, he has no financial interest with the property
and believes he can be impartial
Chris Gathrnan, Planning Services, presented Case CDZ24-0003, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicants are in violation due to exceeding the
number of animal units with the R-1 zoning, He added that the applicant has provided letters of support
from adjacent landowners, the Principal of Bella Romero School and a Girl Scout Troop. Two letters were
received d in opposition due to odors from the property, spot zoning and the location in proximity to the school.
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Commissioner Holland referred to a picture that had an irrigation ditch and asked if there was any irrigation
water available. Mr. Gathman said that them is a ditch on Cherry Avenue and added that he isn't aware if
it is under the maintenance of a ditch company.
Commissioner Hatch asked if any of the buildings on site are permitted as agricultural buildings. Mr.
Gathman stated that the private arena is permitted through the county but some of the other buildings are
older.
Shawn Elliott, 1308 East 20th Street, stated that he moved to the property 20 years ago. Mr. Elliott referred
to the question regarding irrigation water and said that he does own a share of water and has watered the
property for 20 years and added that it is an active ditch. He added that they got permits to build all of the
buildings and have an indoor arena to have a private riding arena, Mr. Elliott said that they have llamas
and goats at the front of the property and the kids from the school stop there all the time. They have
adequate fences and the animals are not mean so the kids can't get hurt..
Commissioner Holland asked how they manage the animal waste. Mr. Elliott said that they pile it up and it
gets hauled off every other month. Commissioner Hatch asked if the property and buildings existed before
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the school. Mr. Elliott said some of the buildings were there prior to the school. Mr. Hatch asked if the use
of the property been changed since the school has been there. Mr. Elliott said that there has been no
change and added that there is an old brick building on stie that has horse stalls.
The Chair asked if there was anyone In the audience who wished to speak for or against this application.
Derek Moore, 501 East 27th Street, stated that he owns the property across the street and assumed Mr.
Elliott's property was a petting zoo and added that it was one of the things that drew him to the area. Mr.
Moore stated that he is in support of the change of zone.
Barbara Flom, 2425 Cherry Avenue, stated that she lives directly west of this property end it has always
been used as agriculture and is clean. She added that there is no odor and has always enjoyed the animals.
Ms. Flom said that he irrigates the pasture and sees no reason it shouldn't be agriculturally zoned.
Ron Richardson, 1321 East 20th Street, provided a letter for the record from Dr. Shirley Smithson in support.
Mr. Richardson said that he has lived in the neighborhood for 74 years and there has always been horses
and livestock on the subject property. He added that Mr. Elliott's property has been a good addition to the
neighborhood.
Mario Euresti, 1321 East loth Street, stated that he hes lived them for seven years and added that part of
the reason is because of Mr. Elliott's petting zoo. Mr. Euresti said that kids look forward to the animals that
are there and added that he couldn't ask for a better neighbor and keeps his property very clean.
The Chair asked the applicant if they had any more they wished to add. Mr. Elliott replied that he has
northing further to add.
Karin McDougal, County attorney, wished to clarify that according to county records, this area was never
zoned agricultural.
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 agrerement.
Motion: Forward Case 002240003 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 = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Skip Holland, Virginia Guderjahn.
Meeting adjourned at 4:20 p.m.
Respectfully submitted,
6:06,14, Andizinee
Kristine Ranslem
Secretary
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