HomeMy WebLinkAbout20251584.tiffResolution
Grant Change of Zone, COZ25-0001, from the R-1 (Low -Density Residential) Zone
District to the A (Agricultural) Zone District — Josue Alegria Camacho
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, a public hearing was held on the 18th day of June, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
Josue Alegria Camacho, 1846 Cherry Avenue, Greeley, Colorado 80631, requesting
Change of Zone, COZ25-0001, from the R-1 (Low -Density Residential) Zone District to
the A (Agricultural) Zone District for a parcel of land located on the following described
real estate, to -wit:
The south 358 feet of Lot 3; 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,
according to the Subdivision Lands by the Union Colony of Colorado
Whereas, at said hearing, the applicant was present, and
Whereas, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
Whereas, the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld
County Planning Commission, and having been fully informed, finds that this request shall
be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in Section
23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." This Change of Zone
protects the property owner's intent to continue agricultural use of
the property.
2) Section 22-2-30.A.4 states: "Farming or ranching operations are not
considered a nuisance as long as they employ common or
reasonable agricultural practices." The property owner operates a
small farm that does not appear to create a nuisance.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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2025-1584
PL2959
Change of Zone, COZ25-0001 — Josue Alegria Camacho
Page 2
3) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing uses
must be able to mitigate conflicts." The property sits between
industrial and residential uses. The small farm provides a buffer
between the intensity of the industrial uses and the homes.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The adjacent surrounding lands are zoned R-1 (Low
Density Residential), R-2 (Duplex Residential), and I-1 (Light Industrial).
While there are no surrounding properties zoned A (Agricultural) in the
vicinity, the zone does provide a buffer between the other, traditionally
incompatible, zone districts. The property is more than one (1) mile from
Greeley city limits and only 325 feet from a cemetery. Homes coexist with
industrial uses in this area, particularly along East 18th Street, though
residential and small farm uses are predominant to the south, toward Bella
Romero Elementary School. There are 21 USRs within one (1) mile of the
site. USR-755 is for plastic products manufacturing, located northeast of the
site, along East 18th Street; USR-771 is for cultured marble fabrication,
located directly east of the site, adjacent to Balsam Avenue; USR-834, for
a home business, and USR-1106 for a trash business with trucks and
containers are located northwest of the site, along East 16th Street;
USR-964 is for the storage of vehicles, located northeast of the site, along
East 18th Street; USR15-0009 is for a trucking company and storage,
located northeast of the site, along East 16th Street; AMUSR-1208 is for a
recreation facility and paint ball, located southeast of the site, along
East 21st Street; USR-693, USR-665, USR-832, and USR16-0009 are for
oil and gas production facilities, located southeast of the site, intersecting
East U.S. Highway 34; USR-1097 is for an art gallery that is located north
of the site, adjacent to Birch Avenue; USR-1760 and USR14-0023 are for
mineral resource development facilities, located south of the site;
AMSUP-345 is for gravel mining, located north of the site, adjacent to
East 16th Street; USR-503 is for sales of cemetery monuments, located
northwest of the site, adjacent to East 16th Street; USR-926 is for
recreational vehicle storage, located north of the site, along East 16th
Street; USR-808 is for a private recreation facility (campground) and is
located off East 27th Street; USR-981 is for 115 KV electric transmission
lines, located north of the site, along Ash Avenue; USR-1726 is for
accessory parking and a home business, located northwest of the site,
along East 16th Street; and USR18-0070 is an accessory building, located
east of the site, along East 18th Street.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIIIIENRALIIIIINIIIILAINI I'ALlik
2025-1584
PL2959
Change of Zone, COZ25-0001 — Josue Alegria Camacho
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On February 2, 2025, the Department of Planning Services sent notice to 21
surrounding property owners (SPOs) within 500 feet of the subject parcel
and received no correspondence in return. The site is located within the
Coordinated Planning Agreement (CPA) boundary of the Town of Kersey
and the City of Evans and is within the three (3) mile planning area of the
Cities of Evans and Greeley, and the Town of Kersey. Notices of Inquiry
were sent to all three (3) municipalities and all three (3) returned responses
indicating no concern with the request. The City of Evans responded on
September 10, 2024, indicating no interest in annexation. The Town of
Kersey responded on September 10, 2024, and explained the property is
not in Kersey's Planning Area. The City of Greeley did not return a Notice
of Inquiry response, but did respond to the referral request with a referral
dated February 27, 2025, indicating no conflicts with Greeley interests. The
Conditions of Approval and Development Standards applied to both this
Change of Zone and any future Use by Special Review or Zoning permits
will adequately address and mitigate potential impacts.
C. Section 23-2-40.B.3 — 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 currently served by a water tap from the City of
Greeley and an On -site Wastewater Treatment System (OWTS), which is
allowed in the A (Agricultural) Zone District.
D. Section 23-2-40.B.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 23-2-40.B.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 site is located within the
A -P (Airport) Overlay District, the MS4 - Municipal Separate Storm
Sewer System area, and the Historic Townsites Overlay District. Any
development of the site will be required to comply with applicable
requirements in Chapter 23, Article V, Division 1 of the Weld County
Code and future development applications will be sent to the airport
for review. The site is also required to meet the standards outlined
in Chapter 8 for MS4 requirements and, as the site is located in Union
Colony, it is subject to Article V of Chapter 23, the Historic Townsites
Overlay District. The property is not located within the I-25 Overlay
District, Geologic Hazard Overlay District, Special Flood Hazard
Area, or Agricultural Heritage Overlay District.
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Carly Koppes, Clerk and Recorder, Weld County , CO
lME'yNVIA ICi liM1OKAVIrDil k II 11I
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Change of Zone, COZ25-0001 — Josue Alegria Camacho
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2) Section 23-2-40.B.5.b — 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. The proposed rezoning from the
R-1 (Low Density Residential) Zone District to the A (Agricultural)
Zone District will not permit the use of the site in a manner that would
interfere with the present, or future, extraction of any known
commercial mineral deposit to a greater extent than under the current
zoning. Both the R-1 (Low Density Residential) and A (Agricultural)
Zone Districts require a Use by Special Review Permit for mineral
extraction activities. Therefore, any future extraction would be
subject to the same permitting process under either zoning
designation. There is no indication that the property lies within an
area designated for commercial mineral deposits, and no extraction
activity is currently occurring.
3) Section 23-2-40.B.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. Northern Colorado Geotech conducted
a soil observation, site reconnaissance, and septic system design for
the subject property on June 14, 2024. Boring results indicated
subsurface conditions consisting of approximately six (6) feet of
topsoil underlain by one and one-half (1.5) feet of silty, clayey sand
(brown, moist, and loose), followed by six (6) feet of silty sand (tan,
dry to moist, and loose), and extending to eight (8) feet of well -graded
sand with gravel. These conditions suggest generally favorable soils
for construction and site development. The property is currently
served by a functioning OWTS, Permit No. SP -2000388, including a
septic tank, diverter valve, septic field, and two percolation areas.
The successful installation and operation of this system further
support that soil conditions are appropriate for on -site wastewater
treatment and disposal. No severe or moderate limitations to
construction have been identified based on the geotechnical
investigation. Should future development involve permanent
structures, additional geotechnical analysis and engineering design
will be completed to ensure proper foundation systems are used.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Josue Alegria Camacho for Change of Zone,
COZ25-0001, from the R-1 (Low -Density Residential) Zone District to the A (Agricultural)
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Carly Koppes, Clerk and Recorder, Weld County , CO
2025-1584
PL2959
1111 INI1dIrilth'ilifill iVAIAVWdlli ViYa10 Y4rh 11111
Change of Zone, COZ25-0001 — Josue Alegria Camacho
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Zone District on the above referenced parcel of land, be, and hereby is, granted, subject
to the following conditions:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a signed Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ25-0001.
2) The plat shall adhere to Section 23-2-50.D. of the Weld County
Code.
3) All recorded easements and rights -of -way shall be delineated on the
plat by book and page number or Reception number.
4) Remove all structures and fences, unless they are necessary to
show a potential boundary conflict.
5) Cherry Avenue is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2024-01)
as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the plat. 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
Section 23-1-90, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County.
6) The applicant shall show and label the existing, permitted access
points onto Cherry Avenue. Include the access type.
7) The applicant shall submit to the Weld County Department of
Planning Services a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access
shall be for ingress and egress and shall be referenced on the plat
by the Weld County Clerk and Recorder's Reception number.
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Carly Koppes, Clerk and Recorder, Weld County , CO
2025-1584
PL2959
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Change of Zone, COZ25-0001 — Josue Alegria Camacho
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C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ25-0001, 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.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
4) Access on the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
5) The historical flow patterns and runoff amounts will be maintained on
the site.
6) This parcel is located in the MS4 area and is subject to the
regulations of the state -issued MS4 Permit.
7) If applicable, once any 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.
8) Water service may be obtained from the City of Greeley.
9) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater Treatment
Systems (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.
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
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 Bill
2025-1584
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Change of Zone, COZ25-0001 — Josue Alegria Camacho
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the soil or to structural loading detrimental to the structural integrity
or capability of the component to function as designed.
11) Any future structures onsite must obtain the appropriate Building
Permits.
12) All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
13) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
and the County Facility Fee, and Drainage Impact Fee Programs.
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 stated herein and
all applicable Weld County regulations.
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. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.C and D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within 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 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 three (3) month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII �4��F1a'rG�r�lrllh'i� ��' *PA Vichy 410, 111111
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Change of Zone, COZ25-0001 — Josue Alegria Camacho
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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 and a land use permit
perfected.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 18th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
2025-1584
PL2959
11111 "II
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