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HomeMy WebLinkAbout20251168.tiffCHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 11 /22/24 AMOUNT$ X3,000.00 CASE # ASSIGNED: COZ24-0008 APPLICATION RECEIVED BY DA PLANNER ASSIGNED: DA PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation's IE No / Yes Violation Case Number: Site Address: 2480 N.35TH AVE., and 2781 AA ST. Parcel Numbers: 8 0 5_ 2 4_ 0 .. 0 0. 0 2 0 0 8 O 5_ 2 5- 2- 0 0 0 0 7 Legal Description: LOT B, RE -2485; and E1/2 SW1 /4 S24 TGN R55W Section: 24/25 , Township 6 N, Range 66 W ## of Lots: 2 Total Acreage: Floodplain: No / a Yes Geological Hazard: No / Yes Airport Overlay: El No REZONING Existing Zone District(s): R-1/AG (SPLIT) Proposed Zone District: AG PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: PATRICIA J. CONLON, SUZANNE LILLY; GERRY BALL 232 acres total; 153 to be rezoned to Ag Company: Phone #: (303) 931-5669 Email: TRlSHAPAJEAN@YAHOO.COM Street Address: 2781 AA St. City/State/zip Code: Greeley, CO 80831 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: a Company: LOAN, PAYTON & PAYNE, LLC Phone #: (970) 225-6700 Email: BCHOATE@CP2LAW.COM Street Address: 1711 61st Ave., Suite 100 City/State/Zip Code: Greeley, CO 80034 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be ir}cluded with the application. If the fee owner is a corporation, evidence must be included indicating the signatorwhas the legal authority to sign for the corporation. mot: g ure �T PATRICIA CONLON Print Signature BOB CHOATE Print eill°174 Date 07/22 7 I, (we), PATRICIA J. CONLON (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17THAVENUE UE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM , give permission to BOB CHOATE (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OVVTS permits on our behalf, for the property located at (address or parcel number) below: 2781 AA St. and 2480 N. 35th Ave., Greeley, CO Legal Description: of Section , Township N, Range Vlf Subdivision Name: N/A Lot Block Property Owners Information: Address: 2781 AA St., Greeley, CO 80631 Phone: (303) 931-5669 E-mail: T RISHAPAJEANA YAHOO.COM Authorized Agent/Applicant Contact Information: Address: 1711 61st Ave., Greeley, CO 80634 Phone: (970) 225-6700 E -Mail: BCHOATE a@CP2LAW.00 Correspondence to be sent to: Owner ri Authorized Agent/Applican Additional Info: by: Mail Email I (We) hereby certify, under penalty of perjury and after + carefully reading the entire contents of this document, that a information stated above is true and correct to the best of my (our) knowledge. caner Si= ature Subscribed and sworn to before me this W‘C Cc Cbn qmsAami . My commission expires a 2..cy 2tv-I I Owner Signature day of - . \ Ckiti JORIE KLINGER Notary Public State of Colorado Notary ID # 20164€47940 My Commission Expires 12-20-2024 -got Public I Date 20 2_1 by 07/22 From: Patricia Conlon trishapaleane aho0x .0 n Jj c : Rezoning fora Date: Feb 1912024 at 1:25:58 PM To: Gerry@Charter net AUTHORIZATION FORM DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 I, (We), GERRY BALL &-&64-2414NEtildj , give permission to BOB CHOATE (Owner — please print) (Authorized Agent/Applicant please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Legal Description: LOT Al RE 2485 of Section 25 , Township 6 N, Range 66 W Subdivision Name: N/A Lot Block Property Owners Information: Address: 2480 N. 35th Ave., Greeley, CO Phone: E-mail: Authorized Agent/Applicant Contact Information: Address: Phone: 1711 61st Ave., Suite 100, Greeley, CO 80634 (970) 225-6700 E -Mail: BCHOATE@CP2LAW.COM Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email Additional Info: I (We) h = eby certify, under penalty of perjury and after carefully reading the entire contents of this document, that th = nformation, fated cove is true an correct to the best of my (our) knowledge. Date Own7 Signatur: Owner Sign re Subscribed - d sworn to before me this 2 O1\141/4- day of fs:<.. 20 by t nil V' t r got‘it My commission expires CV �, °W Notary 4 1\.N 11 5* . h., " =x re •• •;y, AMAL R ANTAR Notary Public Minnesota My Commission Expires Jan 31, 2029 iter yth DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM I, (We), 1.6ERRY BAL14 SUZANNE LILLY , give permission to BOB CHOATE (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Legal Description: LOT A, RE 2485 Subdivision Name: N/A of Section 25 , Township 6 N, Range 66 W Property Owners Information: Address: 2480 N. 35th Ave., Greeley, CO Phone: E-mail: Lot Block Authorized Agent/Applicant Contact Information: Address: 1711 61st Ave., Suite 100, Greeley, CO 80634 Phone: (970) 225-6700 E -Mail: BCHOATE@CP2LAW.COM Correspondence to be sent to: Owner ❑ Authorized Agent/Applicant IX by: Mail ❑ Email Additional Info: X I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Owner/Signature (,=e Date Subscribed and sworn to More me this 4cS 077 a tn. Ey a Lc U-Azi Date Owner Signature �y�day of My commission expires 0 `� I 0 (2 120 2`T ALEXIS RUIZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194034097 MY COMMISSION EXPIRES SEPTEMBER 6, 2027 20 _24_ by 07/22 9 Conlon - Change of Zone Application Planning Questionnaire 1. Describe the purpose of the proposed Change of Zone. We propose to change the zoning on these two large agricultural parcels from Low Density Residential (R-1) to Agricultural (A) within Weld County. The northern parcel is a full quarter section (160 ac) and is split zoned (80/80), with the west half being zoned Low Density Residential and the east half being zoned Agricultural. The proposed change of zone will correct this split zoning. The southern parcel is approximately 73 acres in size, having been split by recorded exemption in 1999. There is a house on each side of AA Street. Neither parcel is intended for further residential development, so rezoning to Agricultural will correct the faulty zoning. 2. Describe the current and previous use of the land. The land is currently and previously utilized for agriculture and oil and gas development. 3. Describe the proximity of the proposed use to residences. These parcels are located east of and across N. 35th Ave. / C R 35 from the Seeley Lake neighborhood (aka Sonny View Estates, which was platted in the early 1970's.) Additionally, there is an enclave residential parcel surrounded by the southern property included in this change of zone application. 4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. The zoning is faulty. Half of the northern quarter section is split -zoned, which should be corrected. The property was legislatively zoned Low Density Residential (R-1) at least as early as 1981, likely at a time when it appeared that the Seeley Lake neighborhood would be expanded to the east. However, no residential development has occurred on these properties (except for the one Lot A residential enclave parcel). Further, development in the R-1 zone district requires sanitary sewer service, and does not allow for the use of On -site Wastewater Treatment Systems (OWTS, aka septic systems). These properties cannot feasibly be served by any existing public sewer system. The property was historically (and is presently) farmed and otherwise used for agricultural and oil and gas purposes. As such, the existing zoning is faulty. 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. The property has been historically used for agriculture and oil and gas uses, in the same manner that all properties in this area have been (excepting the residences at Seeley Lake). 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. No uses are proposed with this change of zone application. Soil report is provided for information only. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. This change of zone is consistent with the Weld County Comprehensive Plan, as demonstrated by the following sections of Chapter 22: Section 22-2-70.A. - Respecting Our Agricultural Heritage. These parcels have historically been used for agricultural production, and correcting the zoning to Agricultural will support and reflect that historic use. Section 22-2-70 (B) - Respecting Private Property Rights. Rezoning these parcels to Agricultural will not interfere with or infringe upon the rights of others. Section 22-2-30 (A) - Commit to the economic future of agriculture. The property owners are committed to agriculture and refusing to turn this land into residential development. Section 22-2-30 (C) - Harmonize development with surrounding land uses. This property is primarily surrounded by agricultural uses and agriculturally -zoned property. 8. Explain how this proposal will be compatible with the future development of the surrounding area or adopted master plans of affected municipalities. This property is not located within any intergovernmental agreement area. While future development of the area could occur, it is unlikely to happen anytime in the near future. The residential development at Seeley Lake is unique in its location due to the views to the west across the lake, and is unlikely to be expanded any further, given that it has not expanded any further over the last many decades. This property is likely to remain agricultural for many years to come, just like the rest of the vicinity. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. There is little to no impact on the residents of the neighborhood or the County generally. The property is agricultural now, and the County generally benefits from correcting faulty/split zoning. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. The site is not located in any of the specified overlay Zoning Districts, and is not located in any Special Flood Hazard Areas. Conlon - Change of Zone Application Development Review Questionnaire 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. N o new accesses are proposed. The northern parcel has multiple permitted and historic access locations along its southern boundary onto AA Street. Permitted Access AP18-00069 allows for oil and gas and agricultural use approximately 1,700' east of County Road (CR) 35. A historic ditch road access is located a pproxi mately 1,900' east of CR 35. Historic residential and agricultural accesses are located approximately 2,200' and 2,600' feet east of CR 35, respectively. The southern parcel has multiple permitted and historic access locations. Along its northern boundary, permitted access AP15-00121 permits oil and gas and agricultural use approximately 900' east of CR 35. An historic residential and agricultural access on N . 35th Ave. is shared with the enclave parcel owned by Jonathan and Olivia Cain, which is permitted under AP21-00384, and located approximately 1,300' east of the T- i n to rse ct i o n of N. 35th Ave. and AA St. on the south side of Seeley Lake. 2. Describe any anticipated change(s) to an existing access, if applicable. N o changes are proposed. 3. Describe in detail any existing or proposed access gate including its location. N o gates are existing or proposed at this time. 4. Describe the location of a I I existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. N one. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. There are no difficulties seeing oncoming traffic. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. N. 35th Ave. curves from eastbound to northbound on the west side of this Property 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. Topography of N. 35th Ave. / CP 35 and AA St. are generally flat in the vicinity of these access locations. Conlon - Change of Zone Application Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. These parcels are currently served by agricultural irrigation wells as authorized by the State of Colorado Division of Water Resources, permit numbers 64254-MH (2023) and 554-WCB (1953). The proposal is to continue to use these wells into the future. The homes are currently served by North Weld County Water District (NWCWD), as reflected in account numbers 98000 (2781 AA Street) and 6006 (2480 35t" Ave). 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed." Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. These parcels are currently each served by OWTS pursuant to permit numbers SP - 0900066 and SP -1000062 issued by Weld County Environmental Health. Contact information of relevant infrastructure owners: The New Von Gohren Lateral Ditch Company operates a lateral ditch on this property. Applicant Patricia Conlon is the Secretary of this lateral ditch company, and all correspondence related to this application can be sent to her. Noble Midstream Services owns a pipeline on this property. Correspondence can be sent to Doug Dennison, Lead Regulatory Affairs Specialist, at (970) 304-5057. Surface Use Agreements and Request for Waiver of Mineral Resource Statement There are no active surface use agreements affecting the property. Because this is a rezone from Residential to Agricultural, and no new improvements or development is proposed with this application, we respectfully request that the County waive the requirement to provide a Mineral Resource Statement. The approval of this application will have no effect on the ability to recover commercial mineral deposits on site, if any exist. Weld County Treasurer Statement of Taxes Due Account Number R8284500 Assessed To Parcel 080525200007 CONLON PATRICIA J 2781 AA ST GREELEY, CO 80631-9425 Legal Description PT E2NW4 25-6-66 LOT B REC EXEMPT RE -2485 (1.84R) Situs Address 2480 N 35TH AVE WELD Year Tax Charge Tax Interest Fees Payments Balance 2023 $1,922.18 $0.00 $0.00 ($1,922.18) $0.00 Total Tax Charge $0.00 Grand Total Due as of 11/27/2024 $0.00 Tax Billed at 2023 Rates for Tax Area 3885 - 3885 Authority WELD COUNTY SCHOOL DIST RE2-EATON NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION D Taxes Billed 2023 * Credit Levy Mill Levy 12.0240000* 33.1000000 1.0000000 9.0000000 6.3360000 3.1960000 0.4140000 Amount $355.20 $977.78 $29.54 $265.86 $187.16 $94.41 $12.23 65.0700000 $1,922.18 Values Actual Assessed AG -FLOOD $49,920 $13,180 IRRRIGATED LAND AG -WASTE LAND $116 $30 FARM/RANCH $295,580 $19,800 RESIDENCE -IMPS OTHER BLDGS.- $781 $210 AGRICULTURAL Total $346,397 $33,220 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Account Number R1340486 Assessed To Parcel 080524000020 CONLON PATRICIA J 2781 AA ST GREELEY, CO 80631-9425 Legal Description 17887 W2SE4/E2SW4 24 6 66 Situs Address 2781 AA ST WELD Year Tax Tax Charge Interest Fees Payments Balance 2023 $3,122.72 $0.00 $0.00 ($3,122.72) $0.00 Total Tax Charge $0.00 Grand Total Due as of 11/27/2024 $0.00 Tax Billed at 2023 Rates for Tax Area 3885 - 3885 Authority WELD COUNTY SCHOOL DIST RE2-EATON NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION D Taxes Billed 2023 * Credit Levy Mill Levy 12.0240000* 33.1000000 1.0000000 9.0000000 6.3360000 3.1960000 0.4140000 Amount $577.04 $1,588.47 $47.99 $431.91 $304.07 $153.37 $19.87 65.0700000 $3,122.72 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICULTL"RAL Actual $102,366 $314 $311,831 $13,938 Assessed $27,020 $80 $20,890 $3,680 Total $428,449 $51,670 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Hello