HomeMy WebLinkAbout20250452.tiffResolution
Grant Change of Zone, COZ24-0007, from the R-1 (Low Density Residential) Zone
District to the A (Agricultural) Zone District — West Greeley Conservation District
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 19th day of February, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
the West Greeley Conservation District, 4302 West 9th Street Road, Greeley, Colorado
80634, requesting a Change of Zone, COZ24-0007, from the R-1 (Low Density
Residential) Zone District to the A (Agricultural) Zone District for a parcel of land located
on the following described real estate, to -wit:
Lots 1, 2, 7 and 8 being part of the SW1/4 SE1/4
of Section 10, according to the Subdivision of
Lands by the Union Colony of Colorado; Lot 1
being part of the NW1/4 NE1/4 of Section 15;
Lot 2, lying north of U.S. Highway 34 and east
of the canal of the Greeley Irrigation Company,
being part of the NW1/4 NE1/4 of Section 15;
and a tract of land being part of the
SW1/4 NE1/4 of Section 15, 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 J&T Consulting, Inc.,
305 Denver Avenue, Suite D, Fort Lupton, Colorado 80621, 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:
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII l�.r�P��I:I�G� Gl;��'l�4h'h114Y �1�hk'4W, II II
CC PL(DE /MIN DA/KR), ASR(56), 2025-0452
c (KM),APPL, APP.. REP, PL2941
03/19/.5
Change of Zone (COZ24-0007) — West Greeley Conservation District
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A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.6.1 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 are four (4) legal
parcels separated by right-of-way for East 20th Street, totaling
approximately 48 acres. 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 is 0.30 miles west of the site on the west side
of U.S. Highway 34. The Cities of Greeley and Evans, and the
Town of Kersey are all within three (3) miles of the site and
there were no objections from any of the surrounding
municipalities concerning the Change of Zone request.
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-1 (Low
Density Residential) and A (Agricultural) and the land uses include
rural residential, agricultural, and oil and gas production. There is
one (1) residence and several outbuildings on the southern portion
of the site. The 3.8 -acre parcel just south of the residence is partially
in the floodplain and encumbered with Use by Special Review (USR)
Permit, USR-832, for an oil and gas production facility, which was
approved by the Board of County Commissioners on July 6, 1988,
and recorded July 9, 1988, under Reception #2149821. The land that
USR-832 encumbers is all zoned R-1 (Low Density Residential),
therefore, the USR will need to be vacated, or partially vacated, from
this property, prior to recording the plat. There are 26 USRs within
one (1) mile of the site. USR18-0070, for an accessory building;
USR-1097, for an art gallery; USR17-0006, for commercial truck
parking; Amended AMUSR(SUP)-345, for a gravel mine;
MUSR13-0004, for a guest farm; USR-834, for a home business;
USR-704, for a livestock confinement operation of 140 -head,
USR-1760 and USR14-0023, for mineral resource development
facilities; USR-693, USR-665, USR-832, USR-852, and USR16-
0009, for oil and gas production facilities; Amended AMUSR-1208
and USR-1413, for paint ballparks; USR-755, for a plastic products
manufacturer; USR-808, for a recreation facility; USR-938, for a
roping arena; Amended AMUSR-926, for an RV storage facility;
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Carly Koppes, Cleric and Recorder, Weld County , CO
VIII�1�Yl4P��:IGi�.R'Mtha:P4 L��FYk�, �� II
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Change of Zone (COZ24-0007) — West Greeley Conservation District
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USR-503, for sales of cemetery monuments; USR(SUP)-476, for
trailer sales; USR-1106, for trash business trucks and containers;
USR17-0066, for two (2) home businesses; USR-964, for vehicle
storage, and USR(SUP)-362, for a wastewater treatment plant.
Additionally, there is one (1) Site Plan Review for truck parking
located on an 1-3 (Heavy Industrial) zoned property.
On October 14, 2024, the Department of Planning Services sent
notice to 38 surrounding property owners (SPOs) within 500 feet of
the subject parcel and no correspondence has been received
regarding this application. The site is located within the Coordinated
Planning Agreement (CPA) boundary of the City of Evans and the
Town of Kersey. As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI). The City of Evans
submitted a NOI, dated October 27, 2024, which indicated the City
did not wish to pursue annexation and stated the site is outside of
their Growth Management Area. The Town of Kersey submitted a
NOI, dated October 9, 2024, which indicated the Town did not want
to pursue annexation. The subject property is located within the City
of Greeley's Growth Management Area, and they submitted referral
comments, dated October 17, 2024, which stated the subject site is
located within the Greeley's Long Range Expected Growth Area
(LREGA), the area in which the community anticipates annexation
and urban development to occur in the future, and that the
Comprehensive Plan identifies this property as future Suburban
areas. The referral also stated the property did not meet
requirements for annexation, despite the use of Greeley water, and
any anticipated increase in water demand should be directed to City
of Greeley Water Department. Weld County and the City of Greeley
do not have an Intergovernmental Agreement (IGA) concerning land
use. Any future commercial/industrial uses will have to be approved
through a USR or a Zoning Permit process. These processes are
sent to referral agencies and SPOs for comment. 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 23-2-40.B.3 — Adequate water and sewer service can be
made available to the site to serve the uses permitted within the
proposed zone district. A water bill from the City of Greeley was
submitted with the application materials. The Weld County
Department of Public Health and Environment referral, dated
October 28, 2024, stated there is an existing On -site Wastewater
Treatment System (OWTS) on the east side of the entrance
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 tMMIVIIIKIA :I'NI R Airl lithi "iI Y4.11111
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driveway, near the residential home site. This septic system is not
documented; however, the applicant indicated the residence is no
longer being utilized and the applicant plans to demolish and remove
the home.
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.
1) Section 23-2-40.B.4 includes standards for unpaved roads
providing access to parcels proposed to undergo zoning
changes. Both East 18th Street and U.S. Highway 34 are
paved roads, thus, the assessment of these standards is not
triggered.
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. The proposed Change of Zone site is located
within the Historic Townsites Overlay District, A -P (Airport)
Overlay District, and partially in both the MS4 - Municipal
Separate Storm Sewer System area and the Special Flood
Hazard Area. The proposed Change of Zone site is not
located within the 1-25 Overlay District, Geologic Hazard
Overlay District, or Agricultural Heritage Overlay District.
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
Mineral Resources Statement, submitted in the application
materials, stated the property is on the fringe of the South
Platte River floodplain, which is an area that typically contains
sand and gravel deposits. Further, based on the NRCS Soils
Report, and soil logs from the construction of water wells on
the property, the property appears to contain a significant
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Carly Koppes, Clerk and Recorder, Weld County , CO
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1111 KAHN CHAPIN tad Eti i Wrrh 1I 111
Change of Zone (COZ24-0007) — West Greeley Conservation District
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resource of sand and gravel that could be extracted. The
Natural Resources Conservation Services (NRCS) Soils
Report shows that gravelly sand soils are present at the
property and identified Altvan Loam, Aquolls and Aquents,
and Ustic Torriorthents soil types, which all contain gravelly
sub -stratums. The zone change will actually allow these
properties to be mined, to acquire these gravel deposits,
should the property owner wish to pursue a Mining Permit.
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. The NRCS Soil Survey indicated the site consists of
42 acres of low -slope (0-3%) Altvan loam soils, three (3) acres
of Aquolls and Aquents, and three (3) acres of moderately
steep Ustic Torriorthents. These soil types are designated as
either "Not Prime Farmland" or "Prime Farmland if drained and
either protected from flooding, or not frequently flooded,
during the growing season". If approved the zoning will be
A (Agricultural) and the land use is currently crops.
Now, therefore, be it resolved by the Board of County Commissioners of Weld
County, Colorado, that the application of the West Greeley Conservation District for a
Change of Zone, COZ24-0007, from the R-1 (Low Density Residential) Zone District to
the A (Agricultural) 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 an application requesting a full or partial
vacation of USR-832.
B. The applicant shall acknowledge the comments from the Weld
County Oil and Gas Energy Department, as stated in the referral
response dated October 16, 2024. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
2. The Change of Zone plat shall be amended to delineate the following:
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII t�r�E,��KIL'�1�1�4�kwhLi�l�'�lY ���+�L�YL�h 11111
2025-0452
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Change of Zone (COZ24-0007) — West Greeley Conservation District
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A. All sheets of the plat shall be labeled COZ24-0007.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights -of -way shall be delineated on the
plat by book and page number or Reception number.
D. East 18th Street (County Road [CR] 58) is a paved road'
and is
designated on the Weld County Functional Classification Map (Code
Ordinance #2017-01) as a collector road, which requires 80 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. 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 Section 23-1-90, the required setback is measured
from the future right-of-way line. This road is maintained by Weld
County.
E. The applicant shall show the Colorado Department of Transportation
(CDOT) right-of-way on the plat along with the documents creating
the right-of-way for U.S. Highway 34.
F. The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point onto U.S. Highway 34, on the
plat, and label with the approved Access Permit number, if
applicable.
G. The applicant shall show and label the existing access point onto
East 18th Street (CR 58) and include the access type. Development
Review will review all access locations as a part of the plat submittal
and review process.
H. The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number, or appropriate
study.
I The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0007, allows for A (Agricultural)
Zone District uses, which shall comply with the requirements
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Carly Koppes, Clerk and Recorder, Weld County CO
■��� t��illI �M VIfri �n gkit 1RINlii Valhi 11111
2025-0452
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Change of Zone (COZ24-0007) — West Greeley Conservation District
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set forth in Chapter 23, Article III, Division 1 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) Access on the site shall be maintained to mitigate any impacts
to the public roads, including damages and/or off -site tracking.
6) The historical flow patterns and runoff amounts will be
maintained on the site.
7) A portion of this site is located in the MS4 area and is subject
to the regulations of the state -issued MS4 Permit.
8) If applicable, once any permanent control measure has
passed final inspection by the Department of 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.
9) Water service may be obtained from the City of Greeley.
10) 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
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Carly Koppes, Clerk and Recorder, Weld County CO
KIMIN WHIYIMll'r't,1Aki di 'IkiIMAM
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Change of Zone (COZ24-0007) — West Greeley Conservation District
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construction, repair, replacement, or modification of the
system.
11) 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.
12) A Flood Hazard Development Permit is required for all
construction or development occurring in the floodplain or
floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map
#08123C -1542F and 1544F, dated November 30, 2023
(South Platte 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.
13) 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.
14) 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, 2020 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.
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Carly Koppes, Clerk and Recorder, Weld County CO
FOPIPi III 't ' IIIntrliChtleilt i:kiiY k 111111
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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.
15) All buildings shall comply with the setback from oil and gas
wells per Section 23-4-700, as amended.
16) Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee
Programs.
17) 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
stated herein and all applicable Weld County regulations.
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 s 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.
4. 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.
5. 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
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Carly Koppes, Clerk and Recorder, Weld County CO
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date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional three (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.
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 19th day of February, 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 Koppel, Clerk and Recorder, Weld County CO
VIII INVIII IYAIO Cl lrlihllK il'itiiritilh Wilk t II
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