HomeMy WebLinkAbout20252136.tiffResolution
Grant Change of Zone, COZ25-0004, from the R-3 (Medium Residential) and
A (Agricultural) Zone Districts to the R-3 (Medium Residential) Zone District —
Genaro Nunez and Rosa Maria Vega de Nunez
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 6th day of August, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
Genaro Nunez and Rosa Maria Vega de Nunez, 1731 Fern Avenue, Greeley, Colorado
80631, requesting a Change of Zone, COZ25-0004, from the R-3 (Medium Residential)
and A (Agricultural) Zone Districts to the R-3 (Medium Residential) Zone District for a
parcel of land located on the following described real estate, to -wit:
Part of the SE1/4 of Section 10, and part of the SW1/4 of Section 11, all
located in Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was represented by Mark Taylor, Alles, Taylor
and Duke, 3610 35th Ave, Unit #6, Evans, Colorado 80620, 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.B.1 states: "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." There is one (1) parcel
totaling approximately five (5) acres. Of this roughly five (5) acres,
approximately 0.62 acres is zoned A (Agricultural), and this Change
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0004 — Genaro Nunez and Rosa Maria Vega de Nunez
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of Zone will resolve the split zoning. The closest municipality is more
than one -quarter (1/4) mile from the subject property; therefore, the
Change of Zone is consistent with Section 22-2-30.B.1. The City of
Greeley, the Town of Kersey, and the City of Evans are within
three (3) miles of the site and there were no objections from
these three (3) municipalities concerning the Change of Zone
request.
2) Section 22-2-30.C.2 states: "Establish residential development
options based on compatibility, proximity to municipalities, and
availability of services that reflect the desired density and character
of that location." The City of Evans and the Town of Kersey did not
return a referral agency response, but a Notice of Inquiry (NOI) was
included in the application materials for both municipalities. The
Town of Kersey's NOI, dated November 26, 2024, stated they would
not pursue annexation at this time. The City of Evans' NOI, dated
November 25, 2024, stated the property is located outside of their
Urban Growth Boundary, and annexation would not be pursued at
this time. The property is located within the three (3) -mile referral
area for the City of Greeley. The City of Greeley submitted referral
agency comments with no concerns or objection. The property has
historically been used for a single-family dwelling, along with some
gardening. The applicant wishes to build a duplex on the property,
resulting in three (3) separate living units. The single-family dwelling
that is on site was permitted under BC -9701114, in December 1997,
and is served by a Septic Permit (SP -9700294) and a tap (#2772001)
from North Weld County Water District. Any future structures will be
served by a properly permitted well, or a water tap from the North
Weld County Water District, and a properly permitted septic system.
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 properties are zoned R-3 (Medium
Density Residential), R-1 (Low Density Residential), and A (Agricultural),
and the land uses include rural residential, agricultural, and oil and gas
production. There are 13 USRs within one (1) mile of the site. To the south
are AMUSR-1208, for a recreation facility; and USR18-0070, for an
accessory building. To the east is SUP -362, for a wastewater treatment
plant. To the north is USR17-0066, for two (2) home businesses. The
Department of Planning Services sent notices to 17 surrounding property
owners (SPOs) within 500 feet of the subject parcels; however, no
correspondence was received on this case. The site is located within the
Coordinated Planning Agreement (CPA) boundaries of the City of Evans
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Carly Koppes, Clerk and Recorder, Weld County , CO
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and the Town of Kersey. The City of Evans and the Town of Kersey did not
return a referral agency response, but a NOI was included in the application
materials for both municipalities. The Town of Kersey's NOI, dated
November 26, 2024, stated they would not pursue annexation at this time.
The City of Evans' NOI, dated November 25, 2024, stated that the property
is located outside of their Urban Growth Boundary and annexation would
not be pursued at this time. The City of Greeley submitted referral agency
comments with no concerns or objection. The subject property is located
within the City of Greeley's Growth Management Area with a designation of
"rural". The City of Greeley has defined "rural" as "a sparsely populated
area, where the land is primarily used for agricultural purposes". Although
the City of Greeley has classified this property as rural, the surrounding
zoning, surrounding usage, and the historical use of the property, aligns
with the Change of Zone request. Any future uses will have to be approved
through a Site Plan Review, Use by Special Review (USR) or a Zoning
Permit process. These processes are sent to referral agencies and the
surrounding property owners for comment. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any future
Use by Special Review, Site Plan Reviews, 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. According to the application materials, the existing single-family
residence on the property is currently served by a North Weld County Water
tap (#2772001). The proposed duplex will be served by a properly permitted
well (#334185), and a new half tap from the North Weld County Water
District. The well permit was issued during the time in which the North Weld
County Water District was under a moratorium and was not issuing
additional taps. The well permit that was issued under well
permit (#334185), is for a single-family dwelling, therefore, it is only able to
serve half of the proposed duplex. The applicant is in the process of
obtaining a Will Serve Letter with North Weld County Water District. Weld
County Code Section 23-3-105.B mentions that lots created after
August 25, 1981, must be served by public water and public sewer. Since
this property was created in 1979, this Code Section does not apply. The
applicant has submitted adequate water and sewer documentation,
according to Section 23-3-105.A of the Weld County Code. The applicant
submitted a Septic Permit (SP -9700294) with the application materials for
the current single-family dwelling on the property. The duplex will require
additional properly permitted septic systems.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
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Carly Koppes, Clerk d Recorder, Weld County , CO
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property are adequate in size to meet the requirements of the proposed
zone districts. Sections 23-2-30.A.4 and 23-2-40.B.4 include standards for
roads abutting zoning amendments to any zone district other than
A (Agriculture). According to the Department of Planning Services -
Development Review referral, dated May 8, 2025, Fern Avenue is a paved
road, designated on the Weld County Functional Classification Map (Code
Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way.
E. 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. Most of the property is located
with the 100 -year Special Flood Hazard Area. The applicant will be
required to submit for, and receive, a Floodplain Development
Permit, prior to construction of any future buildings. The entirety of
the site is located within the A -P (Airport) Overlay District and the
MS4 - Municipal Separate Storm Sewer System area. The site is not
located within the 1-25 Overlay District, the Geologic Hazard Overlay
District, the Historic Townsites Overlay District, or the Agricultural
Heritage Overlay District.
2) 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. The Natural Resources Conservation
Services (NRCS) Soil Survey indicated the site consists of
approximately three (3) acres classified as Aquolls and Aquents with
gravelly substratum that are "Prime farmland if drained and either
protected from flooding or not frequently flooded during growing
season," and approximately two (2) acres, which are classified as
low -slope (0-1%) Paoli loam that is considered "Prime if Farmland if
irrigated." The property is currently used primarily for a residence;
therefore, no farmland will be removed from agricultural production.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Genaro Nunez and Rosa Maria Vega de Nunez for a
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0004, from the R-3 (Medium Residential) and A (Agricultural)
Zone Districts to the R-3 (Medium Residential) 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 submit a NCU application for the single-family dwelling
that is located on the property.
B. The applicant shall submit a Will Serve letter, or well release letter from the
North Weld County Water District.
C. The applicant shall address the comments from the Oil and Gas Energy
Department, as stated in the referral response, dated April 15, 2025.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the comments from the Division of Water
Resources, as stated in the referral response, dated May 7, 2025. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
E. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ25-0004.
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) Fern Avenue is a paved road and is designated on the Weld County
Functional Classification Map 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. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
5) Delineate the existing residential accesses on Fern Avenue, located
approximately 450 feet and 500 feet north of the
Fern Avenue/East 18th Street intersection. Label each access as,
"Existing Residential Access."
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Carly Koppes, Clerk and Recorder, Weld County CO
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6) Delineate the existing agricultural access on Fern Avenue, located
approximately 690 feet north of the Fern Avenue/East 18th Street
intersection. Label the access as, "Existing Agricultural Access."
7) Delineate and label the required off-street parking area.
8) The applicant shall show the floodplain boundaries on the plat. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number.
F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ25-0004, allows for R-3 (Medium -Density
Residential) Zone District uses which shall comply with the
requirements set forth in Chapter 23, Article III, Division 2 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) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
4) 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.
5) The access to the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) There shall be no parking or staging of vehicles on public roads or
within public rights -of -way. On -site parking shall be utilized.
7) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
8) The historical flow patterns and runoff amounts will be maintained on
the site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of stormwater runoff.
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9) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain/floodway, as delineated
on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1542F, revised November 30,
2023, (Cache la Poudre River Floodplain). Any development shall
comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements, as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
10) FEMA's floodplain boundaries may be updated at any time by FEMA.
Prior to the start of any development activities, the owner should
contact Weld County to determine if the floodplain boundaries have
been modified.
11) The property owner shall comply with all requirements provided in
the issued Flood Hazard Development Permit.
12) Water service may be obtained from an appropriately permitted well
or the North Weld County Water District.
13) The parcels are 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.
14) 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.
15) 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
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the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Codes, 2018
International Energy Conservation 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,
or an Open Hole Inspection shall be required. A Building Permit must
be issued prior to the start of construction.
16) All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
17) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
County Facility Fee, and Drainage Impact Fee Programs.
18) 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.
2. Upon completion of Condition of Approval #1 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.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.
3. If a plat has not been recorded within 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.
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4. In accordance with Appendix 5-J of the Weld County Code, should the Change of
Zone plat not be recorded within the specified timeline from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance fee shall be
added for each additional three (3) -month period.
5. 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.
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 6th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
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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