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LAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: August 5, 2025
Case Number: COZ25-0003
Applicant: Blas Reyna Diaz
2058 50th Avenue, Greeley, CO 80634
Representative: Alles Taylor Duke, LLC c/o Mark Taylor
3610 35th Avenue, Unit #6. Evans, CO 80620
Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District
Legal
Description:
Location:
Acres:
All that part of Lot 7 of the SE4NW4 of Section 9, Township 5 North, Range 65 West
of the 6th Principal Meridian, Weld County, Colorado, according to the subdivision of
lands by the Union Colony of Colorado
North of and adjacent to East 16th Street, approximately
+/- 0.33 acres Parcel #: 0961-09-2-00-009
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 Department of Public Health and Environment, referral dated April 29, 2025
➢ Weld County Department of Planning Services — Development Review, referral dated May 8, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated April 10, 2025
➢ Town of Kersey, referral dated April 29, 2025
➢ Weld County Sheriff's Office, referral dated April 14, 2025
➢ Weld County Code Compliance, referral dated April 22, 2025
➢ Weld County Oil and Gas Energy Department, referral dated April 14, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Greeley Fire Prevention Bureau
➢ North Weld County Water District
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Narrative:
The property owner has requested a Change of Zone on a property zoned A (Agricultural) to C-3 (Business
Commercial). Potential uses for C-3 zoned properties can be found in Section 23-3-230 of the Weld County
Code. The applicant is requesting the Change of Zone in order to continue the operation of a repair service
establishment (auto repair) as the first step to correct the outstanding violation on the property. Note, a
Change of Zone is not approval of a particular use, but opens the property to potential for any use allowed
in the new zone district. Single-family dwelling units are also allowed in the C-3 as an accessory use,
provided they are enclosed within the principal building.
Per the Assessor's record, there are one (1) single family residence and one (1) equipment building located
on the property. The remaining single-family residence will be utilized as an office building in accordance
with Section 23-3-230.D.2 of the Weld County Code as part of an approved site plan. The equipment
building is currently used for the auto repair business and will remain in operation in accordance with
Section 23-3-230.D.2 of the Weld County Code as part of an approved site plan. As the property is currently
being used commercially, the business will require a Site Plan Review (SPR), a Use by Special Review
Permit (USR), or a Zoning Permit.
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.
The following goals and objectives from the Weld County Comprehensive Plan are relevant to
this request:
Section 22-2-30. - Land Use Goals and Objectives.
B. Locate urban development in urban areas.
1. Encourage annexation of urban -scale development. Zone changes and subdivisions
within one -quarter mile of municipal limits are strongly discouraged. Property owners
who want to rezone or subdivide their property are encouraged to contact the
municipality about annexation.
The area is currently urbanized, and is an appropriate location to consider commercial
development. The subject property is located five hundred (500) feet from the City of Greeley
boundary. The property owner was encouraged to pursue annexation.
2. Urban -scale development shall only be placed where urban services, including public
water, are available.
Public water is provided to this property by North Weld County Water District via existing
account number 1457012. Other urban services are also available.
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.
This is originally an urban residential property, turned into a commercial property. It is situated
in the middle of three other residential properties. To the south, properties are being used either
industrially or as small farms. If approved, the applicant will be required to demonstrate that the
COZ25-0003 I Reyna Diaz
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commercial business is adequately buffered from the surrounding residential properties
through the site plan review.
Section 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
1. Identify target areas where the County is able to encourage shovel -ready commercial
and industrial development.
5. Encourage agglomeration economies of synergistic businesses.
The subject property is located adjacent to a paved road, East 16th Street, able to withstand
commercial and industrial traffic. The site is located within a Weld County Opportunity Zone.
Other commercial uses in the area further support a commercial zoning on the subject property.
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 A (Agricultural), and the land uses includes heavy
industrial and agricultural. While an industrial zone would be preferred, the C-3 Zone District
limits the extent of uses allowed, providing increased compatibility with adjacent residential
uses..
There are fourteen (14) USRs within one (1) mile of the site: SUP-345AM for a gravel mining
operation, USR-1760 for a mineral resource development facility, and USR-1097 for an art
gallery are all located northeast of the site along the Cache la Poudre River. East of the site
are USR-964 for vehicle storage, USR-1726 for accessory parking and a home business,
USR15-0009 for trucking company storage, USR-926 for recreational vehicle storage, USR-
981 for 115 kV electrical transmission lines, USR17-0066 for two home businesses, USR-755
for plastic products manufacturing, and USR-771 for cultured marble fabrication. USR-1106
permits trash business trucks and containers and USR-834 allows a home business. Directly
south of the site, USR-665 permits an oil and gas production facility. Additionally, there are
forty-three (43) approved commercial or industrial site plans located within a mile of the site.
The industrial nature of the area aligns with the uses allowed by commercial zoning
On April 10, 2025, the Department of Planning Services sent notice to thirteen (13) surrounding
property owners within five hundred (500) feet of the subject parcel. The Department of
Planning Services received no responses from surrounding property owners.
The site is located within the Coordinated Planning Agreement (CPA) boundary of the City of
Evans and Town of Kersey. The applicant submitted Notice of Inquiry responses from the City
of Evans, dated February 25, 2025, and the Town of Kersey, dated March 6, 2025, indicating
no desire or ability to annex, in accordance with the Kersey -Evans -Greeley Intergovernmental
Agreement. The City of Evans and Town of Kersey submitted referral agency comments stating
no concern dated April 10, 2025, and April 29, 2025.
The property is within five hundred (500) feet of the City of Greeley boundary. The 2018
Greeley Land Use Guidance Map does not designate a future land use for this property. The
nearest designated land is identified for industrial uses.
Any future commercial uses will have to be approved through a Site Plan Review, Use by
Special Review, or a Zoning Permit process. All these processes are sent to referral agencies
and, with the Use by Special Review and Zoning Permit processes, also sent to the surrounding
property owners for comment. The Conditions of Approval and Development Standards applied
to both this Change of Zone and any future Site Plan Review, 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.
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The property is served by the North Weld County Water District (NWCWD). The existing on -
site wastewater treatment system (OWTS) is noncompliant. Alles Taylor & Duke LLC will
design an OTWS during the Site Plan Review (SPR) process to meet the requirements of the
Weld County Environmental Health Department.
The Weld County Department of Public Health and Environment, referral dated February 29,
2025, stated water service may be obtained from North Weld County Water District, and that
the parcel is not currently served by a municipal sanitary sewer system. Sewage disposal may
be provided 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 system construction, repair,
replacement, or modification.
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.
Per Section 23-2-30.A.4, a Change of Zone to a commercial district requires that the property
abut a paved road. The site directly abuts East 16th Street, which is a paved public road.
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 site is located within the A -P (Airport) Overlay District. Development of the site will be
required to comply with applicable requirements in Chapter 23, Article V, Division 1 of the
Weld County Code. Future development applications will be sent to the airport for review.
The site is also located within the Historic Townsites Overlay District, Union Colony.
Development of the site will be required to comply with applicable requirements in Chapter
23, Article V, Division 5 of the Weld County Code. The site is not located within the following
overlay districts officially adopted by the County: Geologic Hazard Overlay District,
Floodplain Management Overlay District, 1-25 Overlay District, Agricultural Heritage
Overlay District, or (MS4) Multiple Separate Storm Sewer System area.
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.
The proposed rezoning will not interfere with the present or future extraction of a
commercial mineral deposit, consistent with Section 23-2-30.A.5.b. While sandy gravel
was observed during soil profile testing at depths of 4 to 8 feet, the actual depth and extent
of the deposit are unknown. Regardless of zoning, the parcel's limited size and site
conditions preclude commercial 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.
Subsurface conditions are varied but consist of sandy gravel. Sand and gravel were
observed at four (4) feet to eight (8) feet below the existing surface. The actual depth of
the sand and gravel is unknown. The Natural Resource Conservation Service (NRCS)
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Report submitted with the application also considered soils. The soil on the site is well
drained and prime farmland if irrigated.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site
consists of point two (0.2) acres of low -slope (0-1%) Altvan loam soils and point two (0.2)
acres of low -slope (0-1%) Ascalon loam. Altvan loam and Ascalon loam are both classified
as "prime farmland if irrigated", therefore, this zone change will remove point four (0.4)
acres of "prime farmland if irrigated" from production.
The Altvan loam and Ascalon loam soils do not present moderate or severe limitations for
development. They are rated as "not limited" for small commercial buildings under three
(3) stories without basements. Both have a low risk of corrosion to concrete and are only
"somewhat limited" for unpaved local roads and streets. Therefore, the site does not exhibit
soil conditions that require mitigation
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' staff recommendation for approval of this Change of Zone from the
A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District 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 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 COZ25-0003. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
C. All recorded easements shall be shown and dimensioned on the Change of Zone plat. (Department
of Planning Services)
D. All approved accesses shall be delineated on the plat. (Department of Planning Services)
E. All approved access shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road access
point. If a drainage culvert is required, a fifteen (15) inch Corrugated Metal Pipe (CMP) is Weld
County's minimum size. If the applicant chooses to place a larger culvert, please contact the Weld
County Department of Public Works to adequately size the culvert. (Development Review)
d. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ25-0003, allows for C-3 (Business Commercial) Zone District uses
which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 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) Any future structures on site must obtain the appropriate building permits. (Department of
Planning Services)
4) Water service may be obtained from North Weld County Water District. (Environmental Health)
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5) 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. (Environmental Health)
6) 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. (Environmental Health)
7) 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)
8) Access on the site shall be maintained to mitigate any impact to the public road including
damages and/or offsite tracking. (Development Review)
9) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
10) 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, 2023 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)
11) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
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)
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
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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.
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June 25, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: asnyder@weldgov.com
Phone: (970) 400-3557
Fax: (970) 304-6498
MARK TAYLOR
3610 35TH AVE UNIT #6
EVANS, CO 80620
Subject: COZ25-0003 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial)
On parcel(s) of land described as:
Part of Lot 7 in the SE1/4 NW1/4 of Section 9, 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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 5, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 20, 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,
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Angela Snyder
Planner
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