HomeMy WebLinkAbout20251166.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner:
Case Number: COZ24-0008
Owners: Patricia Conlon
2781 AA Street Greeley, CO 80631
Suzanne Lilly, Gerry Ball, and Patricia Conlon
2480 N. 35th Street both in Greeley, CO 80631
Diana Aungst
Representative: Coan, Payton, and Pane LLC, c/o Bob Choate
1711 61st Ave, Suite 100, Greeley, CO 80631
Request:
Legal
Descriptions:
Location:
Parcel Size:
Hearing Date: April 1, 2025
Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District
The E2SW4 and the W2SE4 of Section 24 and Lot B of Recorded Exemption, RE -2485,
being part of the E2NW4 of Section 25, all located in Township 6 North, Range 66 West
of the 6th P.M., Weld County, CO
East of and adjacent to CR 35 (35th Avenue) and north and south of AA Street (CR 66)
+/- 234 acres
Parcel #s: 0805-24-0-00-020
0805-25-2-00-007
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:
➢ City of Greeley, referral dated December 11, 2024
➢ Colorado Geological Survey, referral dated December 5, 2024
➢ State of Colorado, Division of Water Resources, referral dated December 24, 2024
➢ Weld County Department of Environmental Health Services, referral dated December 13, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated December 30, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Eaton, referral dated December 4, 2024
➢ Greeley Fire Department, referral dated December 2, 2024
➢ Weld County Sheriff's Office, referral dated December 2, 2024
➢ Weld County School District RE -6, referral dated December 4, 2024
➢ West Greeley Conservation District, referral dated December 9, 2024
➢ Weld County Oil and Gas Energy Department, referral dated December 12, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Chevron Energy
➢ Colorado Historical Society
➢ Colorado Parks and Wildlife
➢ North Weld County Water District
➢ New Von Gohren Lateral Ditch Company
COZ24-0008 I Conlon
Page 1 of 7
Narrative:
The applicant is requesting a Change of Zone from the R-1 (Low Density Residential) Zone District to the
A (Agricultural) Zone District. There are two (2) parcels totaling about 234 acres; of the 234 acres 154 acres
are zoned R-1 (Low Density Residential) with the remaining 80 acres zoned A (Agricultural). The parcel
north of AA Street is 160 acres and is split zoned equally 80 acres of A (Agricultural) Zoning and 80 acres
of R-1 (Low Density Residential) Zoning. If this Change of Zone is approved, the entire 160 acres will be
zoned A (Agricultural) which will resolve the split zoning. The Change of Zone is a request to rezone the 80
acres to the north and the 73 acres to the south from R-1 (Low Density Residential) Zoning to A
(Agricultural) Zoning (154 acres). There is a residence and a few outbuildings on the east side of the north
parcel and a residence and some outbuildings on the south parcel. There are two (2) USRs that encumber
these parcels. USR-995 on the north and MUSR14-0011 on the south both for oil and gas production
facilities. Both of these USRs are required to be vacated or partially vacated.
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.
Section 22-2-30. 8.1 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 two (2) parcels totaling about 234 acres; of the 234 acres 154 acres are zoned R-1
(Low Density Residential) with the remaining 80 acres zoned A (Agricultural). The parcel north
of AA Street is 160 acres and is split zoned equally 80 acres of A (Agricultural) Zoning and 80
acres of R-1 (Low Density Residential) Zoning. If this Change of Zone is approved, the entire
160 acres will be zoned A (Agricultural) which will resolve the split zoning. The closest
municipality is more than one -quarter (1/4) mile from the subject property therefore this Change
of Zone is consistent with the Section 22-2-30.B.1. The City of Greeley is 0.25 miles west of
the site on. The City of Greeley and the Town of Eaton are within three (3) miles of the site and
there were no objections from these two (2) municipalities concerning the Change of Zone
request.
B. 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 properties are zoned R-1 (Low Density Residential) and A (Agricultural) and the
land uses include rural residential, agricultural, and oil and gas production. The 180 -acre parcel
is partially encumbered with USR-995 for an oil and gas production facility. This USR-995 was
approved by the Board of County Commissioners on July 6, 1988, and recorded July 9, 1988
under reception #2149821. The southern parcel (Lot B of RE -2485) is encumbered by
MUSR14-0011. This MUSR14-0011 was originally approved as USR-599 on December 28,
1983, recorded March 12, 1984 under reception #1958868. In 2014 an amendment was
proposed and renamed as MUSR14-0011 and recorded under reception #4151985, dated
October 21, 2015. These two (2) USRs (USR-995 and MUSR14-0011) will need to be vacated
or partially vacated prior to recording the plat.
There are twenty-one (21) USRs within one (1) mile of the site. USR-634 for an accessory
structure, 3rd Amended 3AMUSR-764 for agricultural services, USR21-0021 for a boarding
kennel of 20 dogs, USR-1492 for a church, SUP -158 for a concrete batch plant, USR13-0050
for a drop/staging for tanks and pumps, USR20-0035 for an event center, SUP -15 for a feed
COZ24-0008 I Conlon
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lot, USR-247AM2 for a gravel mining, USR-1381 for a greenhouse & retail center, MUSR16-
0008 for a mineral resource development facility, 2MUSR19-95-1075 for a mining, batch plant,
and oilfield, USR-612, MUSR14-0011, and USR-995 for oil and gas production facilities,
USR13-0047 for a personal training facility, USR-1365 for a restaurant, USR21-0020 and
USR23-0032 for Solar Energy Facilities, and USR-1382AM for a veterinary clinic.
On November 24, 2024, the Department of Planning Services sent notice to thirty-one (31)
surrounding property owners within 500 -feet of the subject parcels. No correspondence was
received on this case.
The site is not located within the Coordinated Planning Agreement (CPA) boundary of any
municipality. The subject property is located within the City of Greeley's growth management
area and the City submitted referral comments dated December 11, 2024 that state 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. The
Comprehensive Plan indicates this property as future Urban Reserve areas. Additionally, the
City's referral states that the Greeley Historic Preservation Office would recommend
maintaining and continuing use of the existing buildings and would be happy to serve as a
resource for preserving them.
Both parcels have residences and are served by North Weld County Water District and
permitted on -site wastewater treatment systems. T he water bills and OWTS permits were
included in the application materials. Septic #SP -1000062 serves 2781 AA ST and septic
#SP- 0900066 serves 2480 N 35th Avenue.
The City of Greeley's Comprehensive Plan indicates this property as Urban Reserve.
According to the Imagine Greeley Growth Framework Urban reserve areas are not anticipated
to support urban development within the next twenty years. The dominant use in many existing
urban reserve areas is irrigated agriculture with some confined animal feeding operations
(CAFOs). Weld County and the City of Greeley do not have an intergovernmental agreement
concerning land use. However, a zoning of Agriculture would be consistent with the City of
Greeley's Comprehensive Plan.
Any future commercial/industrial uses will have to be approved through a 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 or Zoning
permits will adequately address and mitigate potential impacts.
C. 23-2-30.A.3. — That 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, for each residence, from North Weld County Water District (NWCWD) was
submitted with the application materials.
The Weld County Department of Public Health and Environment, referral dated December 13,
2024, stated that there are two (2) existing on -site wastewater treatment systems. Septic permit
# SP -1000062 serves 2781 AA Street and septic permit #SP- 0900066 serves 2480 N 35th
Avenue.
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.
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). This rezoning is to the A
(Agricultural) zone so the assessment of these standards is not triggered. Both County Road
35 (N. 35th Avenue) and County Road 66 (AA Street) are paved roads.
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:
COZ24-0008 I Conlon
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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 maybe demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
The property is not located within any overlay district officially adopted by the County,
including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District.
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 Geologic Hazards and Mineral Resources Evaluation, submitted in the application
materials, states that, the geologic hazards identified on this site which may conflict with
the proposed improvements include the identified flooded Aquolls and Aquepts (wetlands)
areas, potential for shallow groundwater, and the presence of existing oil/gas wells.
Improvements may need to either avoid wetland areas and existing oil/gas wells and
include adequate systems or separation from groundwater. The NRCS soils report
indicates that the subject property has a poor to fair rating as a gravel, sand, and roadfill
source with the Olney and Otero soils considered 'good' as a roadfill source (about 150
acres). The zone change to Agricultural will allow these properties to be mined to acquire
these gravel deposits should the property owner wish to pursue a mining permit.
3) Section 23-2-30.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.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site
consists of forty-one (41) acres of low -slope (1-3°/0) Kim loam soils, two (2) acres of
moderate -slope (3-5°/0) Kim loam soils, forty (40) acres of Aquolls and Aquents, and one
hundred forty-nine (149) acres of low -slope (0-3°/0) Otero sandy loam. The moderate -slope
(3-5°/0) Kim loan soils are classified as "Farmland of Statewide Importance" for a total of
1`)/0 of the site. The Colorado Geological Survey submitted referral agency comments dated
December 5, 2025 that states that only small portions of the site are mapped as containing
a potential aggregate resource, there are no geologic conditions present that would
preclude the proposed rezone from R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District, the wetland areas are not suitable for development due to very
soft, wet, organic soils, and finally any future buildings, paved roads, or other development,
a site -specific geotechnical investigation consisting of borings, sampling, lab testing,
analysis and recommendations will be needed.
The other soil types are classified as either "Prime farmland if drained and either protected
from flooding or not frequently flooded during the growing season", "Prime farmland if
irrigated", and "Prime farmland if irrigated and the product of I (soil erodibility) x C (climate
factor) does not exceed 60". If approved the zoning will be A (Agricultural) so no "Prime
Farmland" will be removed from agricultural production.
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
R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District is conditional upon the
following:
COZ24-0008 I Conlon
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1. Prior to recording the plat:
A. The applicant shall submit an application requesting a full or partial vacation of USR-832.
(Department of Planning Services)
B. The applicant shall submit an application requesting a full or partial vacation of MUSR14-0011.
(Department of Planning Services)
C. The applicant shall address the referral comments from the Division of Water Resources, as stated
in the referral response dated December 24, 2024. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the referral comments from the City of Greeley, as stated in the
referral response dated December 11, 2024. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall acknowledge the referral comments from the Colorado Geological Survey, as
stated in the referral response dated December 5, 2024. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
2. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ24-0008. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
D. County Road 66, also known as AA Avenue, is a paved road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 feet of right -of- way at full
buildout. The applicant shall delineate and label on the site map or plat the future and existing right-
of-way (along with the documents creating the existing right-of-way) and the physical location of
the road. All setbacks shall be measured from the edge of right -of- way. This road is maintained by
Weld County. (Development Review)
E. N 35th Avenue is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right -of- way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
F. Show and label the existing, permitted access points onto CR 66, also known as AA Avenue, and
N 35th Avenue. Include the access types. (Development Review)
G. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0008, allows for A (Agricultural) Zone District uses which shall comply
with the requirements set forth in Chapter 23, Article III, Division 1 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 or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4) 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)
COZ24-0008 I Conlon
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5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
7) Water service may be obtained from North Weld County Water District. (Department of Public
Health and Environment)
8) 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. (Department of Public Health and Environment)
9) 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. (Department of Public Health and Environment)
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.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
Board of County Commissioners may extend the date for recording the plat. If the Board determines
COZ24-0008 I Conlon
Page 6 of 7
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 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.
COZ24-0008 I Conlon
Page 7 of 7
January 14, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Bob Choate
1711 61st Ave, Suite 100
GREELEY, CO 806319425
Subject: COZ24-0008 - Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
On parcel(s) of land described as:
The E1/2SW1/4 and the W1/2SE1/4 of Section 24 and Lot B of Recorded Exemption, RE -2485, being
part of the E1/2NW1/4 of Section 25 all located in Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 4, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 19,
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,
�1,e. a.;7,ui�,y k.
Diana Aungst
Planner
January 10, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Bob Choate
1711 61st Ave, Suite 100
GREELEY, CO 806319425
Subject: COZ24-0008 - Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
On parcel(s) of land described as:
The E1/2SW1/4 and the W1/2SE1/4 of Section 24 and Lot B of Recorded Exemption, RE -2485, being
part of the E1/2NW1/4 of Section 25 all located in Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 4, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 26,
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,
�1,e. a.;7,ui�,y k.
Diana Aungst
Planner
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