HomeMy WebLinkAbout20251586.tiffPlanner:
Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: June 3, 2025
COZ25-0001
Josue Alegria Camacho
1846 Cherry Ave, Greeley, CO, 80631
Representative: Michelle Ann Smith
1846 Cherry Ave, Greeley, CO, 80631
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Legal
Description:
Lot 3 Union Colony Subdivision Southwest Quarter of the Southwest Quarter of
Section 10, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Location: East of and adjacent to Cherry Avenue; approximately 300 feet south of East 18th
Street.
Acres:
+/- 2.75 acres Parcel #: 0961-10-3-00-009
The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Environmental Health Department, referral dated February 20, 2025
➢ Weld County Department of Planning Services - Development Review, referral dated March 5, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated September 10, 2024
➢ Town of Kersey, referral dated September 10, 2024
➢ Weld County Sheriff's Office, referral dated February 11, 2025
➢ Greeley Fire District, referral dated February 24, 2025
➢ Weld County Oil and Gas Energy Department, referral dated February 24, 2025
➢ City of Greeley, referral dated February 27, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Greeley Water District
COZ25-0001 I Camacho
Page 1 of 6
Case Summary:
The property owner has requested a Change of Zone from the R-1 (Low Density Residential) Zone District
to the A (Agricultural) Zone District. Potential uses for A -zoned properties can be found in Section 23-3-10
of the Weld County Code.
The current agricultural use of the property is not allowed in the R-1 Zone District. The property owner plans
to keep this property as a primary residence and to continue to have farm animals and partake in agricultural
activities. The Change in Zone will also allow the potential for a future use the property for agricultural
business purposes.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
Section 22-2-30. - Land Use Goals and Objectives.
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.
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.
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 23-2-30.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.
The adjacent surrounding lands are zoned R-1 (Low Density Residential), R-2 (Duplex
Residential), and 1-1 (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 a mile from Greeley city limits and only
three hundred twenty-five (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 twenty-one (21) USRs within one (1) mile of the site. Amended USR-755 is for plastic
products manufacturing located northeast of the site along East 18th St. Amended USR-771 is
for cultured marble fabrication located directly east of the site adjacent to Balsam Ave.
Amended USR-834 and USR-1106 is home bus and trash bus, trucks & contained is located
northeast of the site, along East 16th St. Amended USR-964 is for storage of vehicles located
northeast of the site, along East 18th St. USR15-0009 is trucking company, storage located
COZ25-0001 I Camacho
Page 2 of 6
northeast of the site, along East 16th St. Amended USR-1208AM is for recreation FAC., paint
pall located southeast of the site along East 21st St. Amended USR-693, USR-665, USR-832,
and USR16-0009 are for oil & gas production facility located southeast of the site intersecting
East Highway 34. Amended USR-1097 is for an art gallery that is located north of the site
adjacent to Birch Ave. Amended USR-1760 and USR14-0023 are for mineral resource
development facility located south of the site. Amended SUP-345AM is for gravel mining
located north of the site adjacent to East 16th St. Amended USR-503 is for sales of cemetery
monuments located northwest of the site adjacent to East 16th St. Amended USR-926 is for
vehicle storage, recreational located north of the site along East 16th St. Amended USR-808
is for recreation FAC. private located north of the site along East 27th St. Amended USR-981
is for elect trans lines 115 KV located north of the site along Ash Ave. Amended USR-1726 is
for accessory parking & home bus located northwest of the site along East 16th St. Amended
USR18-0070 is an accessory building located east of the site along East 18th St.
On February 2, 2025, the Department of Planning Services sent notice to twenty-one (21)
surrounding property owners within five hundred (500) feet of the subject parcel and received
no correspondences.
The site is located within the Coordinated Planning Agreement (CPA) boundary of the Town of
Kersey and the City of Evans and within the three (3) mile planning area of the Cities of Evans
and Greeley and the Town of Kersey. Notice of Inquiries were sent to all three and all three
returned responses indicating no concern with the request. The City of Evans responded on
September 10, 2024, by indicating no interest in annexation. The Town of Kersey responded
on September 10, 2024, and explained that 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 23-2-30.A.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 onsite
wastewater treatment system (OWTS), which is allowed in the A (Agricultural) Zone District.
D. 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 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
1-25 Overlay District, Geologic Hazard Overlay District, Special Flood Hazard Area, or
Agricultural Heritage Overlay District.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
COZ25-0001 I Camacho
Page 3 of 6
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 R-1 (Low Density Residential) Zone District to 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 and the A 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 23-2-30.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.
Northern Colorado Geotech conducted a soil observation, site reconnaissance, and septic
system design for the subject property on June 14, 2024. Boring results indicate subsurface
conditions consisting of approximately 6 feet of topsoil underlain by 1.5 feet of silty, clayey
sand (brown, moist, and loose), followed by 6 feet of silty sand (tan, dry to moist, and
loose), and extending to 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 onsite wastewater treatment system,
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.
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 Department of Planning Services' recommendation of approval is conditional upon the following:
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. (Department of Planning Services)
2. The Change of Zone plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ25-0001. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. 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)
D. Remove all structures and fences, unless they are necessary to show a potential boundary conflict.
(Department of Planning Services)
COZ25-0001 I Camacho
Page 4 of 6
E. 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 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)
F. Show and label the existing, permitted access points onto Cherry Avenue. Include the access type.
(Development Review)
G. 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
Recorders reception number. (Development Review)
H. 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. (Department of Planning Services)
2) 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)
3) 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)
4) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
5) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
6) This parcel is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit. (Development Review)
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. (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 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. (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)
COZ25-0001 I Camacho
Page 5 of 6
11) Any future structures on site must obtain the appropriate building permits. (Department of
Planning Services)
12) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
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)
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.C. and 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 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.
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.
COZ25-0001 I Camacho
Page 6 of 6
May 9, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: asnyder@weldgov.com
Phone: (970) 400-3525
Fax: (970) 304-6498
SMITH ANN MICHIELLE
1846 CHERRY AVENUE
GREELEY, CO 80631
Subject: COZ25-0001 - 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:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 3, 2025 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 18, 2025 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Angela Snyder
Planner
Hello