HomeMy WebLinkAbout20252264.tiffResolution
Grant Change of Zone, COZ25-0003, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District — Blas Reyna Diaz
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 20th 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
Blas Reyna Diaz, 2058 50th Avenue Court, Greeley, Colorado 80634, requesting a
Change of Zone, COZ25-0003, from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District for a parcel of land located on the following described real
estate, to -wit:
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
Whereas, at said hearing, the applicant was represented by Mark Taylor, Alles Taylor
and Duke, LLC, 3610 35th Avenue, 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
(1/4) 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 500 feet
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Carly Koppes, Clerk and Recorder, Weld County CO ASROG) A?PL,APPL.RE1. 2025-2264
Ell fail I WO I Bill 09 6 /25 PL2965
Change of Zone, COZ25-0003 — Blas Reyna Diaz
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from the City of Greeley boundary. The property owner was
encouraged to pursue annexation.
2) Section 22-2-30.B.2 states: "Urban -scale development shall only be
placed where urban services, including public water, are available."
Public water is provided to this property by the North Weld County
Water District (NWCWD), via existing account number 1457012.
Other urban services are also available.
3) Section 22-22-30.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." This was originally an urban
residential property, turned into a commercial property. It is situated
in the middle of three (3) other residential properties. To the south,
properties are being used either industrially or as small farms. The
applicant will be required to demonstrate that the commercial
business is adequately buffered from the surrounding residential
properties through the Site Plan Review process.
4) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development."
5) Section 22-2-40.A.5 states: "Encourage agglomeration economies of
synergistic businesses." The subject property is located adjacent to
a paved road, East 16th Street, which is 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 23-2-40.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
A (Agricultural), and the land uses include 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 14 Use by Special Review (USR) permits within
one (1) mile of the site: AMSUP-345, 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 (2) home
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Carly Koppel, Clerk and Recorder, Weld County , CO
11111 INFADlLra 11A'IIIINHAKK N'Arkt41 III II
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Change of Zone, COZ25-0003 — Blas Reyna Diaz
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for plastic products manufacturing; and USR-771, for cultured marble
fabrication. To the southeast,USR-1106 permits trash business trucks and
containers; and USR-665 permits an oil and gas production facility.
Additionally, there are 43 approved commercial or industrial site plans
located within one (1) 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 13
surrounding property owners (SPOs) within 500 feet of the subject parcel
and received no responses. The site is located within the Coordinated
Planning Agreement (CPA) boundary of the City of Evans and the Town of
Kersey. The applicant submitted Notice of Inquiry (NOI) 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
concerns, dated April 10, 2025, and April 29, 2025, respectively. The
property is within 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 SPOs 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 23-2-40.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 Weld County Department of Public Health and Environment
referral, dated February 29, 2025, stated water service may be obtained
from the NWCWD, and that the parcel is not currently served by a municipal
sanitary sewer system. As the existing On -site Wastewater Treatment
System (OWTS) is noncompliant, Alles Taylor & Duke, LLC, will design an
OTWS during the Site Plan Review process 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 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. A Change of Zone to a commercial district requires that the
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Carly Koppes, Clerk and Recorder, Weld County , CO
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property abut a paved road. The site directly abuts East 16th Street, which
is a paved public road.
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, 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 Union Colony Historic Townsites Overlay District.
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 23-2-40.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 will not
interfere with the present, or future, extraction of a commercial
mineral deposit. While sandy gravel was observed during soil profile
testing at depths of four (4) to eight (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 23-2-40.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. Subsurface conditions are varied but
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Carly Koppes, Clerk and Recorder, Weld County , CO
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consist of sandy gravel. Sand and gravel were observed at four (4)
to eight (8) feet below the existing surface. The actual depth of the
sand and gravel is unknown. The Natural Resource Conservation
Service (NRCS) Report submitted with the application also
considered soils. The soil on the site is well drained and prime
farmland if irrigated. The NRCS Soil Survey indicated the site
consists of 0.2 acres of low -slope (0-1%) Altvan loam soils and 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 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.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Blas Reyna Diaz for a Change of Zone, COZ25-0003,
from the A (Agricultural) Zone District to the C-3 (Business Commercial) 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 Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ25-0003. The plat shall
adhere to Section 23-2-50.C and D of the Weld County Code.
2) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
3) All approved accesses shall be delineated on the plat.
4) 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 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.
B. The following notes shall be delineated on the Change of Zone plat:
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Carly Koppes, Clerk and Recorder, Weld County , CO
NPRIN Might AWN III) Yoh IIII I
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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.
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 onsite must obtain the appropriate Building
Permits.
4) Water service may be obtained from the North Weld County Water
District.
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.
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.
7) 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.
8) Access on the site shall be maintained to mitigate any impact to the
public road, including damages and/or off -site tracking.
9) The historical flow patterns and runoff amounts will be maintained on
the site.
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 have been
adopted by Weld County: 2018 International Codes, 2018
International Energy Conservation Code, 2023 National Electrical
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Carly Koppes, Clerk and Recorder, Weld County , CO
2025-2264
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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.
11) All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
12) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
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 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.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.
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.
4. 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
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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 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 20th 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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Carly Koppes, Clerk and Recorder, Weld County , CO
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