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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
COZ24-0007
West Greeley Conservation District c/o John Leone
2145 E. HWY 34 Business, Greeley, CO 80631
J & T Consulting, Inc., c/o J.C. York
305 Denver Avenue, Suite D, Fort Lupton, CO 80621
Hearing Date: February 4, 2025
Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District
Part of Lots 1 and 2 and all of Lots 7 and 8 of the Union Colony Subdivision; being part
of the SW4SE4 of Section 10, T5N, R65W of the 6th P.M., Weld County, CO
Lot 1 of the Union Colony Subdivision; being part of the NW4NE4 of Section 15, T5N,
R65W of the 6th P.M., Weld County, CO.
Lot 2, lying north of U.S. Highway 34 and east of the canal of the Greeley Irrigation
Company; being part of the NW4NE4 of Section 15, T5N, R65W of the 6th P.M., Weld
County, CO.
A tract of land being part of the SW4NE4 of Section 15, T5N, R65W of the 6th P.M., Weld
County, CO.
South of and adjacent to E. 18th Street and about 0.25 miles west of Fern Avenue
+/- 48 acres
Parcel #s:
0961-15-0-00-065, 0961-15-0-00-068
0961-10-4-00-029, 0961-15-0-00-059
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:
➢ Weld County Oil and Gas Energy Department, referral dated October 16, 2024
➢ Weld County Department of Environmental Health Services, referral dated October 28, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated November 7, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated October 16, 2024
➢ Town of Kersey, referral dated October 15, 2024
➢ City of Greeley, referral dated November 5, 2024
➢ City of Garden City, referral dated October 24, 2024
➢ Greeley Fire Department, referral dated October 14, 2024
➢ Weld County Sheriff's Office, referral dated October 16, 2024
➢ Colorado Geological Survey, referral dated November 5, 2024
➢ Public Service of Colorado (Xcel), referral dated November 6, 2024
COZ24-0007 I West Greeley Conservation District
Page 1 of 7
➢ West Greeley Conservation District, referral dated November 12, 2024
➢ State of Colorado, Division of Water Resources, referral dated November 14, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Century Link
➢ Extraction Oil and Gas
➢ Greeley #3 Ditch Company
➢ Colorado Parks and Wildlife
➢ Weld County School District RE -6
➢ Colorado Department of Transportation
Narrative:
The applicant is requesting a Change of Zone from the R-1 (Low Residential) Zone District to the A
(Agricultural) Zone District. There are four (4) parcels totaling about 48 acres. There are a few structures
including a residence on the southern portion of the properties. Any new business will require a Use by
Special Review Permit (USR) or a Zoning Permit. USR-832 is located on the southern most parcel and is
required to be vacated or partially vacated prior to recording the Change of Zone plat.
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. B.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 E. 20th Street. The total acreage
is about forty-eight (48) acres. 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 0.30 miles west of the site on the west side of US Hwy 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. 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 includes 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 USR-832 for an oil
and gas production facility. This USR-832 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 twenty-six (26) USRs within one (1) mile of the site. USR18-0070 for an accessory
building, USR-1097 for an art gallery, USR17-0006 for a commercial truck parking, Amended
AMUSR(SUP)-345 for a gravel mine, MUSR13-0004 for a guest farm, USR-834 for a home
COZ24-0007 I West Greeley Conservation District
Page 2 of 7
business, USR-704 for a livestock confinement operation of one hundred forty (140) head,
USR-1760 for a mineral resource development facility, USR14-0023 for a mineral resource
development facility, USR-693, USR-665, USR-832, USR-852, and USR16-0009 for an oil and
gas production facilities, Amended AMUSR-1208 and USR-1413 for a 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, USR-503 for a sales of cemetery
monuments, USR(SUP)-476 for a trailer sales, USR-1106 for a trash business trucks and
containers, USR17-0066 for two (2) home businesses, USR-964 for a 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 thirty-eight (38)
surrounding property owners within 500 -feet of the subject parcel. No correspondence was
received on this case.
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 Notice of Inquiry dated October
27, 2024, indicating that the City does not wish to pursue annexation and stating this site is
outside of their growth management area. The Town of Kersey submitted a Notice of Inquiry
dated October 9, 2024 indicating that the Town does not want to pursue annexation.
The subject property is located within the City of Greeley's growth management area and the
City submitted referral comments dated October 17, 2024 states that 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 indicates this property as future Suburban areas. The City's referral also
states that the property does not meet requirements for annexation, despite 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 concerning
land use. 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 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 that there is an existing on -site wastewater treatment system on the east side of
the entrance driveway near the residential home site. This septic system is not documented
however the applicant indicates the residence is no longer being utilized and the District plans
to demolish and remove the home.
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 unpaved roads providing access
to parcels proposed to undergo zoning changes. Both E.18th Street and US HWY 34 are paved
roads. Thus, the assessment of these standards is not triggered.
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:
COZ24-0007 I West Greeley Conservation District
Page 3 of 7
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 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 23-2-30.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 Mineral Resources Statement, submitted in the application materials, state that, 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 resource of sand and gravel that could be extracted. The NRCS soils report
shows that gravelly sand soils are present at the property. It identifies 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 23-2-30.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-two (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
soils 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.
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:
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 acknowledge the referral 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. (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 COZ24-0007. (Department of Planning Services)
COZ24-0007 I West Greeley Conservation District
Page 4 of 7
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 E 18th Street (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 on the 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. 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 Sec. 23-1-90, the required setback is measured from the future right-of-way
line. This road is maintained by Weld County. (Development Review)
E. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way for US 34. (Development Review)
F. Show the approved Colorado Department of Transportation (CDOT) access point, onto US 34, on
the plat and label with the approved access permit number, if applicable. (Development Review)
G. Show and label the existing access point onto E. 18th Street (CR 58). Include the access type.
Development Review will review all access locations as a part of the plat submittal and review
process. (Development Review)
H. 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.
(Department of Planning Services — Floodplain)
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 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)
5) Access on the site shall be maintained to mitigate any impacts to the public roads 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) A portion of this site is located in the MS4 area and is subject to the regulations of the state -
issued MS4 Permit. (Development Review)
COZ24-0007 I West Greeley Conservation District
Page 5 of 7
8) If applicable, once any permanent control measure has passed final inspection by 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. (Development Review)
9) Water service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
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 construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services — Floodplain)
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. (Department of Planning Services — Floodplain)
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 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)
15) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
16) 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)
COZ24-0007 I West Greeley Conservation District
Page 6 of 7
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 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
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.
COZ24-0007 I West Greeley Conservation District
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January 6, 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
JC YORK
305 DENVER AVENUE, SUITE D
FORT LUPTON, CO 80621
Subject: COZ24-0007 - 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:
(Parcel 1) Lots 1 and 2 being part of the SW1/4 SE1/4 of Section 10, according to the Subdivision of
Lands by the Union Colony of Colorado; Parcel (II and III) Lots 1 and 2 being part of the NW14 NE1/4
of Section 15; and (Parcel V) 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.
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 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,
0(A/S29.-011/1/(1a,
Diana Aungst
Planner
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