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Home My WebLink About20250453.tiffBefore 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: COZ24-0007 West Greeley Conservation District Diana Aungst Change of Zone from the R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District. Lots 1, 2, 7, and 8 being part of the SW1/4 SE1/4 of Section 10, according to the Subdivision of Lands by the Union Colony of Colorado; Lot 1 being part of the NW1/4 NE1/4 of Section 15; Lot 2, lying north of U.S. Highway 34 and east of the canal of the Greeley Irrigation Company, being part of the NW1/4 NE1/4 of Section 15; and a tract of land being part of the SW1/4 NE1/4 1 /4 of Section 15 all located in Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. South of and adjacent to East 18th Street; approximately 0.25 miles west of Fern Avenue. 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. 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 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 Resolution COZ24-0007 West Greeley Conservation District Page 2 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 October27, 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 1) Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay Distnct 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 hearing or in the hearing concerning the rezoning application Resolution COZ24-0007 West Greeley Conservation District Page 3 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 I-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 sod 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 sod 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 pnor 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 Tornorthents These soil types are designated as either "Not Prime Farmland" or "Prime Farmland if drained and either protected from flooding or not frequently flooded during the growing season" _If approved the zoning will be A (Agricultural) and the land use is currently crops 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 Planning Commission 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) B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning Services) Resolution COZ24-0007 West Greeley Conservation District Page 4 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) 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) 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) Resolution COZ24-0007 West Greeley Conservation Distnct Page 5 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 maybe 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 23-700, 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) 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) Resolution COZ24-0007 West Greeley Conservation District - Page 6 - 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 Mylarplatalong 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 Motion seconded by Michael Palizzi VOTE For Passage Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Cindy Beemer - Against Passage Absent Pamela Edens Jay Pier 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 February 4, 2025 Dated the 4,h of February, 2025 / Kristine Ranslem Secretary Summary of the Weld County Planning Commission Meeting Tuesday, February 4, 2025 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, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy Beemer. Absent: Pamela Edens, Jay Pier. Also Present: Diana Aungst, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: COZ24-0007 West Greeley Conservation District Diana Aungst Change of Zone from the R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District. Lots 1, 2, 7, and 8 being part of the SW1/4 SE1/4 of Section 10: according to the Subdivision of Lands by the Union Colony of Colorado; Lot 1 being part of the NW1/4 NE1/4 of Section 15; Lot 2, lying north of U.S. Highway 34 and east of the canal of the Greeley Irrigation Company, being part of the NW1/4 NE1/4 /4 of Section 15; and a tract of land being part of the SW1/4 NE1/4 of Section 15 all located in Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. South of and adjacent to East 18th Street; approximately 0.25 miles west of Fern Avenue. Diana Aungst, Planning Services, presented Case COZ24-0007, 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. Lauren Light, Environmental Health, reported on the public water and sanitary sewer requirements. The Chair said that the applicant, JC York was present, however, he has laryngitis. The Chair asked the Planning Commission if they had any questions for the applicant. The Planning Commission had no further questions for the applicant. 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 COZ24-0007 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 Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Virginia Guderjahn. Meeting adjourned at 1:42 p.m. Respectfully submitted, aasokiu- Kristine Ranslem Secretary = 7) Biwer, Michael Palizzi, Michael Wailes. COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Phone Number: CO 80632 (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. VICTOR LOPEZ and MIGUEL BAILON, ♦ FOR COURT USE ONLY • Defendants. Adria 1150 P.O. Schiel, "O" Box Street 758 Assistant Weld County Attorney Case Number: 24-C-39153 Greeley, Phone Fax E -Mail Number: Number: : CO 80632 (970) (970) aschiel@weld.gov 336-7235 352-0242 Division: C Attorney Registration #55364 NOTICE OF CONTINUANCE YOU ARE HEREBY NOTIFIED that your arraignment that was set for Monday, February 10, 2025 has been continued to Monday, March 3, 2025 at the hour of 10:00 a.m., before Magistrate Annette Kundelius, Division C, of the Weld County Court, 915 Tenth Street, Greeley, Colorado at which time you must be present and may be heard. DATED this 11th day of February, 2025. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO Petitioner BRUCE T. BARKER WELD COUNTY ATTORNEY By ADRIA SCHIEL #55364 Assistant Weld County Attorney CERTIFICATE OF MAILING/ELECTRONIC FILING The undersigned hereby certifies that a true and correct copy of the foregoing NOTICE was mailed or dispatched electronically to Victor Lopez 7678 County Road 21 Fort Lupton, CO 80621 DATED this 11th day of February, 2025 Miguel Bailon 7678 County Road 21 Fort Lupton, CO 80621 ATTENDANCE RECORD F5P q 4 eirdr; NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip I ._ a re r i �i + %` Da./}are1Is 4...4.7SoLifoP c . Laj y �v 530 5 / 9 r' •, L �\ a r ` , `� i V - - fr, e , It' Lies" 7 C/ •1 ZT- Pf 1 i ' • I I S I I 1 p ., Hello