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Home My WebLink About20251164.tiffResolution Grant Change of Zone, COZ24-0008, from the R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District — Suzanne Lilly, Gerry Ball, and Patricia Conlon 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 7th day of May, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Suzanne Lilly, Gerry Ball, and Patricia Conlon, 2781 AA Street, Greeley, Colorado 80631, requesting a Change of Zone, COZ24-0008, 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: E1/2 SW1/4 and the W1/2 SE1/4 of Section 24; and Lot B of Recorded Exemption, RE -2485, being part of the E1/2 NW1/4 of Section 25, all located in Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicants were present and represented by Bob Choate, Coan, Payton and Payne, LLC, 1711 61st Avenue, Suite 100, Greeley, Colorado 80634, 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." There are 5032535 Pages: 1 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 lirdal 1 Wi'd phi lrIll .lW14, II III ac.Pl..(OE/Mu/DA/KR),cACKH), 2025-1164 ASR(sG),pPPi.,APP1..REP. PL2949 ©6/osaS Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 2 two (2) parcels totaling approximately 234 acres; of the 234 acres, 154 acres are zoned R-1 (Low Density Residential) and the remaining 80 acres are zoned A (Agricultural). The parcel north of AA Street is 160 acres and is split zoned equally, being 80 acres of A (Agricultural) Zoning and 80 acres of R-1 (Low Density Residential) Zoning. With the Change of Zone, 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, the Change of Zone is consistent with Section 22-2-30.B.1. The City of Greeley is 0.25 miles west of the site and the City of Greeley and the Town of Eaton are within three (3) miles of the site. There were no objections from these two (2) 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. The 180 -acre parcel is partially encumbered with USR-995 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 southern parcel (Lot B of RE -2485) is encumbered by MUSR14-0011, which was originally approved as USR-599 on December 28, 1983, and 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 21 USRs within one (1) mile of the site. USR-634 is for an accessory structure, 3rd Amended 3AMUSR-764 is for agricultural services, USR21-0021 is for a boarding kennel of 20 dogs, USR-1492 is for a church, SUP -158 is for a concrete batch plant, USR13-0050 is for a drop/staging for tanks and pumps, USR20-0035 is for an event center, SUP -15 is for a feedlot, 2nd Amended USR-247 is for gravel mining, USR-1381 is for a greenhouse and retail center, MUSR16-0008 is for a mineral resource development facility, 2MUSR19-95-1075 is for a mining, batch plant, and oilfield, USR-612, MUSR14-0011, and USR-995 are for oil and gas production facilities, USR13-0047 is for a personal training facility, USR-1365 is for a restaurant, USR21-0020 and USR23-0032 are for Solar Energy Facilities, and AMUSR-1382 is for a veterinary clinic. On November 24, 2024, the Department of Planning Services sent notice to 31 surrounding property owners (SPOs) within 500 feet of the subject 5032535 Pages: 2 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO X1111 �.rI 71��1 44 'IaW'rN�LIN�thl filfiiM14 Bill 2025-1164 P L2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 3 parcels and no correspondence was received regarding the 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 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. The Comprehensive Plan delineates this property as future Urban Reserve areas. Additionally, the City's referral stated the Greeley Historic Preservation Office would recommend maintaining, and continuing the use of the existing buildings, and would be happy to serve as a resource for preserving them. Both parcels have residences that are served by the North Weld County Water District (NWCWD) and have permitted On -site Wastewater Treatment Systems (OWTS). The water bills and OWTS permits were included in the application materials. Septic Permit #SP -1000062 serves 2781 AA Street and Septic Permit #SP -0900066 serves 2480 North 35th Avenue. The City of Greeley's Comprehensive Plan delineates 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 20 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 (IGA) 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 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 23-2-40.6.3 — 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 NWCWD, for each residence, was submitted with the application materials. The Weld County Department of Public Health and Environment referral, dated December 13, 2024, stated there are two (2) existing OWTS. Septic Permit #SP -1000062 serves 2781 AA Street and Septic Permit #SP -0900066 serves 2480 North 35th Avenue. 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. This section includes standards for roads abutting zoning amendments to any zone district other than A (Agriculture). This rezoning 5032535 Pages: 3 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2025-1164 PL2949 1111lMA2 MilitihM11 lid 111111 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 4 is to the A (Agricultural) Zone, so the assessment of these standards is not triggered. Both County Road (CR) 35 (North 35th Avenue) and CR 66 (AA Street) are paved roads. 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 property is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, I-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 23-2-40.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 Geologic Hazards and Mineral Resources Evaluation, submitted in the application materials, stated 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 and gas wells. Improvements may need to either avoid wetland areas and existing oil and gas wells and include adequate systems or separation from groundwater. The Natural Resources Conservation Services (NRCS) Soils Report indicated 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 23-2-40.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 5032535 Pages: 4 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO r�1fil41/4 14 tl II 2025-1164 PL2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 5 applicant and/or the applicant's successors or assigns, prior to the development of the property. The NRCS Soil Survey indicated site consists of 41 acres of low -slope (1-3%) Kim loam soils, two (2) acres of moderate -slope (3-5%) Kim loam soils, 40 acres of Aquolls and Aquents, and 149 acres of low -slope (0-3%) Otero sandy loam. The moderate -slope (3-5%) Kim loan soils are classified as "Farmland of Statewide Importance" for a total of 1% of the site. The Colorado Geological Survey submitted referral agency comments dated December 5, 2025, that stated 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. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Suzanne Lilly, Gerry Ball, and Patricia Conlon for a Change of Zone, COZ24-0008, 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-995. B. The applicant shall submit an application requesting a full or partial vacation of MUSR14-0011. C. The applicant shall attempt to address the comments of 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. 5032535 Pages: 5 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Iii: Ni krAIV K ' g lIM IA Bill 2025-1164 PL2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 6 D. The applicant shall acknowledge the comments of 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. E. The applicant shall acknowledge the comments of 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. F. The Change of Zone plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled COZ24-0008. 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) County Road 66, also known as AA Street, 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 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 site map or plat. All setbacks shall be measured from the edge of the right -of- way. This road is maintained by Weld County. 5) North 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 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 site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 6) The applicant shall show and label the existing, permitted access points onto County Road 66, also known as AA Street, and North 35th Avenue. Include the access types. 5032535 Pages: 6 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Illl MPIIIVI PItiMii I#41 Pi AIM INN N i:llid 111111 2025-1164 P L2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 7 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. 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 road, including damages and/or off -site tracking. 6) The historical flow patterns and runoff amounts will be maintained on the site. 7) Water service may be obtained from the North Weld County Water District. 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. 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. 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 9032535 Pages: 7 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO igiall Nillitili Cinci lkiFe r.CI:1'1.1'1VILI,1� 2025-1164 PL2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 8 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. 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.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. 5032535 Pages: S of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIIFA0 IGlilfi'IiCOPhrigli'lPtiaLUC Bill 2025-1164 PL2949 Change of Zone, COZ24-0008 - Suzanne Lilly, Gerry Ball, and Patricia Conlon Page 9 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 7th day of May, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5032535 Pages: 9 of 9 05/30/2025 11:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO irdIghitrillAVI6MI10Ill II 2025-1164 PL2949 Hello