HomeMy WebLinkAbout20251585.tiffcAnioi t
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner
Request:
Legal Description:
Location:
d
2
GOra. — c
COZ25-0001
Josue Alegria Camacho
Angela Snyder
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
The south 358 feet of Lot 3. being part of the SW1 /4 SW1 /4 of Section 10.
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to Cherry Avenue: approximately 300 feet south of East 18'
Street.
be recommended favorably to the Board of County Commissioners 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. - Land Use Goals and Objectives.
Section 22-2-30. A.1 states: "Land use changes should not inhibit agricultural production nor
operations."
This Change of Zone protects the property owner's intent to continue agricultural use of the
property.
Section 22-2-30. A.4 states: "Farming or ranching operations are not considered a nuisance as
long as they employ common or reasonable agricultural practices."
The property owner operates a small farm that does not appear to create a nuisance.
Section 22-2-30. C.1 states: "Transition between land use types and intensities with buffers.
Uses that are incompatible with existing uses must be able to mitigate conflicts."
The property sits between industrial and residential uses. The small farm provides a buffer
between the intensity of the industrial uses and the homes.
B. Section 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 surrounding lands are zoned R-1 (Low Density Residential), R-2 (Duplex
Residential), and I-1 (Light Industrial). While there are no surrounding properties zoned A
(Agricultural) in the vicinity, the zone does provide a buffer between the other. traditionally
incompatible, zone districts. The property is more than a mile from Greeley city limits and only
three hundred twenty-five (325) feet from a cemetery. Homes coexist with industrial uses in
this area, particularly along East 18th Street, though residential and small farm uses are
predominant to the south toward Bella Romero Elementary School.
There are twenty-one (21) USRs within one (1) mile of the site. Amended USR-755 is for plastic
products manufacturing located northeast of the site along East 18th St. Amended USR-771 is
for cultured marble fabrication located directly east of the site adjacent to Balsam Ave.
Amended USR-834 and USR-1106 is home bus and trash bus, trucks & contained is located
northeast of the site, along East 16th St. Amended USR-964 is for storage of vehicles located
Resolution COZ25-0001
Josue Alegna Camacho
Page 2
northeast of the site, along East 18th St USR15-0009 is trucking company, storage located
northeast of the site, along East 16th St Amended USR-1208AM is for recreation FAC , paint
pall located southeast of the site along East 21st St Amended USR-693, USR-665, USR-832,
and USR16-0009 are for oil & gas production facility located southeast of the site intersecting
East Highway 34 Amended USR-1097 is for an art gallery that is located north of the site
adjacent to Birch Ave Amended USR-1760 and USR14-0023 are for mineral resource
development facility located south of the site Amended SUP-345AM is for gravel mining
located north of the site adjacent to East 16th St Amended USR-503 is for sales of cemetery
monuments located northwest of the site adjacent to East 16th St Amended USR-926 is for
vehicle storage, recreational located north of the site along East 16th St Amended USR-808
is for recreation FAC private located north of the site along East 27th St Amended USR-981
is for elect trans lines 115 KV located north of the site along Ash Ave Amended USR-1726 is
for accessory parking & home bus located northwest of the site along East 16th St Amended
USR18-0070 is an accessory building located east of the site along East 18th St
On February 2, 2025, the Department of Planning Services sent notice to twenty-one (21)
surrounding property owners within five hundred (500) feet of the subject parcel and received
no correspondences
The site is located within the Coordinated Planning Agreement (CPA) boundary of the Town of
Kersey and the City of Evans and within the three (3) mile planning area of the Cities of Evans
and Greeley and the Town of Kersey Notice of Inquiries were sent to all three and all three
returned responses indicating no concern with the request The City of Evans responded on
September 10, 2024, by indicating no interest in annexation The Town of Kersey responded
on September 10, 2024, and explained that the property is not in Kersey's Planning Area The
City of Greeley did not return a Notice of Inquiry response, but did respond to the referral
request with a referral dated February 27, 2025, indicating no conflicts with Greeley interests
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 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
The property is currently served by a water tap from the City of Greeley and an onsite
wastewater treatment system (OWTS), which is allowed in the A (Agricultural) Zone District
D 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
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 Distncts
Compliance may be demonstrated in a previous public heanng or in the heanng concerning
the rezoning application
The site is located within the A -P (Airport) Overlay District, the MS4 - Municipal Separate
Storm Sewer System area, and the Historic Townsites Overlay District Any development
of the site will be required to comply with applicable requirements in Chapter 23, Article V,
Division 1 of the Weld County Code and future development applications will be sent to the
airport for review The site is also required to meet the standards outlined in Chapter 8 for
MS4 requirements and, as the site is located in Union Colony, it is subject to Article V of
Chapter 23, the Historic Townsites Overlay Distnct The property is not located within the
I-25 Overlay District, Geologic Hazard Overlay District, Special Flood Hazard Area, or
Agricultural Heritage Overlay District
Resolution COZ25-0001
Josue Alegna Camacho
Page 3
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 proposed rezoning from R-1 (Low Density Residential) Zone District to A (Agricultural)
Zone District will not permit the use of the site in a manner that would interfere with the
present or future extraction of any known commercial mineral deposit to a greater extent
than under the current zoning Both the R-1 and the A Zone Districts require a Use by
Special Review Permit for mineral extraction activities Therefore, any future extraction
would be subject to the same permitting process under either zoning designation There is
no indication that the property lies within an area designated for commercial mineral
deposits, and no extraction activity is currently occurring
3) Section 23-2-30 A 5 c - If sod conditions on the site are such that they present moderate
or severe Imtat►ons to the construction of structures or facdhties proposed for the site, that
such hmitat►ons can be overcome and that the limitations will be addressed by the applicant
and/or the applicant's successors or assigns poor to the development of the property
Northern Colorado Geotech conducted a sod observation, site reconnaissance, and septic
system design for the subject property on June 14, 2024 Bonng results indicate subsurface
conditions consisting of approximately 6 feet of topsoil underlain by 1 5 feet of silty, clayey
sand (brown, moist, and loose), followed by 6 feet of silty sand (tan, dry to moist, and
loose), and extending to 8 feet of well -graded sand with gravel These conditions suggest
generally favorable soils for construction and site development
The property is currently served by a functioning onsite wastewater treatment system,
Permit No SP -2000388, including a septic tank, diverter valve, septic field, and two
percolation areas The successful installation and operation of this system further support
that soil conditions are appropnate for on -site wastewater treatment and disposal
No severe or moderate limitations to construction have been identified based on the
geotechnical investigation Should future development involve permanent structures,
additional geotechnical analysis and engineering design will be completed to ensure proper
foundation systems are used
This recommendation is based, in part, upon a review of the application matenals submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation of approval is conditional upon the following
1 Prior to recording the plat
A The applicant shall provide the Weld County Department of Planning Services with a signed
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the
original parcel (Department of Planning Services)
2 The Change of Zone plat shall be amended to delineate the following
A All pages of the plat shall be labeled COZ25-0001 (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)
Resolution COZ25-0001
Josue Alegna Camacho
Page 4
,D Remove all structures and fences, unless they are necessary to show a potential boundary conflict
(Department of Planning Services)
E , Cherry Avenue is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2024-01) as a local road, which requires 60 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)
F Show and label the existing, permitted access points onto Cherry Avenue Include the access type
(Development Review)
G The applicant shall submit to the Weld County Department of Planning Services a recorded copy
of any agreement signed by all of the owners of the property crossed by the access The access
shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number (Development Review)
H' The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ25-0001, 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) , 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)
4) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
- 5) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
6) This parcel is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit (Development Review)
7) 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)
, 8) Water service may be obtained from the City of Greeley (Department of Public Health and
Environment)
Resolution COZ25-0001
Josue Alegna Camacho
Page 5
9) The parcel is 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)
10) 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 contnbute to
compaction of the sod or to structural loading detrimental to the structural mtegnty or capability
of the component to function as designed (Department of Public Health and Environment)
11) Any future structures on site must obtain the appropriate budding permits (Department of
Planning Services)
12) All buildings shall comply with the setback from oil and gas wells per. Section 23-4-700, as
amended (Department of Planning Services) _
13) 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)
14) 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 carved 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
,-reguieed 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 C and 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 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 penod
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 and a land use permit perfected
Resolution COZ25-0001
Josue Alegna Camacho
Page 6
Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Michael Wades
Virginia Gudegahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Against Passage Absent
Michael Palau
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 3, 2025
Dated the 3rd of June, 2025
:11-iekint-, '12411411
Kristine Ranslem
Secretary
EXHIBIT
Summary of the Weld County Planning Commission Meeting
Tuesday, June 3, 2025
azas -000
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer. Calven Goza,
Hunter Rivera.
Absent: Michael Palizzi.
Also Present: Molly Wright, Lindsay Oliver, Matthew VanEyll, Angela Snyder, Department of Planning
Services:. Mike McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney.
and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ25-0001
Josue Alegria Camacho
Angela Snyder
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
The south 358 feet of Lot 3,. being part of the SW1 /4 SW1 /4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M.. Weld County. Colorado.
East of and adjacent to Cherry Avenue; approximately 300 feet south of East 18'
Street.
Angela Snyder, Planning Services, presented Case COZ25-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Aaron Maurice; Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Josue Alegria, 1846 Cherry Avenue, Greeley, Colorado, stated that they have plastic and tires on site to
cover silage and clarified that there is no oil and gas operations on site. Mr. Alegria said that when they
purchased this land they were told that it was zoned agricultural. He added that their kids are active in 4H
and wish to rezone their property to agricultural.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ25-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Meeting adjourned at 4:19 p.m.
Respectfully submitted.
Kristine Ranslem
Secretary
ATTENDANCE RECORD
j4e41 r
r
ADDRESS
EMAIL
NAME
-
PLEASE
PRINT
LEGIBLY
123
Nowhere
Street,
City, State,
Zip
John
Doe
RAM
�1
C4(4/?..aci .
Ln
� � � 1;14e-Alsylet. SL>L3/
&nenirikti,ari_lici�
S‘AOVItA4 nnor
(311'00�hce,
St '�� Cv
5��r�
@ \e.-n2.�el.Ls
Sto�tt
1r�.1�
t�ne��.ss�.e
)'.%,w
c�,ec,�.,
c
9333
n L►,,
Li }�(a.', 8U15
666
�‘tw
o \)3v o
Sk (t_I Cre-tA42
Cm% (fav c4*
cert\. "If
k C1/4( ‘. €‘
CljA.co.^
Mai
e� r
(St
cl° O /t/ S3 �4,�, � /is, i
I
Ca
t
actact
3 V
�G
�atea. ,
.ryscent.'� -
n
Grin1.0�gOQJ
ioror►'1-
c
�tZr*+Z.�
►�+774
�.r�
7 a 1
jt.�L�1„/aS4
.1.�%
\‘sri.r.c.\,,
3 c er
,l
-3R010
Ct 8
ooay
Sac *Ana to L)‘, 1 1}
G R
b 3 G►
It
awl Ate
r�;
t $`-(
6 cherry
Lc 6v-cde
CO t 06 3(
�.1�
� ��-�<<_ccr2
e.\
NV1Ai
�,
i
LI c' Cam.,, Ave Live
et cisOco
3 1
qv nnk el\e Oes c�
1SeAnate
Q��
u--)
ea,"...pf
39
; Lk) G..Ths4 ve.
:ni;i2t,
s taice.... absi,4‘a
45#etnc,1•!
i ow, 5 &AL
r>or LI
5- tt) ‘nr•3/4cA
ft vc-- rkzJes:C-
h Q
retrcii.Y.,4-c.,,
,e14-i
t c-
�3
� � 4�� w c ��- � �
Qom --1-
U�
4
,�
f<
kcx)tc--
_
-3,4A
1310k ce IL ( GI_ a-,
tad 3/
-rap
1444C\
bre
i L/ r �l'G
l�
�
�
/ f
isrJ&clef
4
, L67 r e Y rl
1V{il/
1
hit!, it
t po e
13 3fl
cR 3,-
61,e)V4 co e(Iyi
e -s--
t r:. wc.1 ti
Hello